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Can Catchment Management Deliver Coordination Of Resources Management In New South Wales?, E. Arcioni
Can Catchment Management Deliver Coordination Of Resources Management In New South Wales?, E. Arcioni
Faculty of Law - Papers (Archive)
In this article, the author examines the problem of the lack of integration of natural resources legislation in NSW and the application of a proposed solution – the catchment management regime. The analysis is conducted by using a case study of Lake Illawarra and its catchment. The operation of the planning system, pollution regulation and the Lake Illawarra Authority are discussed, as well as a number of other regulatory regimes being noted briefly. A history is given of the catchment management system as it has been applied in the Illawarra region. The article concludes by identifying the problems in implementing …
Parliament And The Industrial Power, Andrew D. Frazer
Parliament And The Industrial Power, Andrew D. Frazer
Faculty of Law - Papers (Archive)
The industrial power contained in section 51(xxxv) of the Australian Constitution gives the Federal Parliament power to make laws with respect to ‘conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State.’ Throughout the history of the Commonwealth, this power has remained one of the most contentious and litigated clauses in the Constitution. Because of the constitutional limits on the manner in which national legislative power can be exercised in this area, the institutions and processes of the Federal system of conciliation and arbitration have remained a consistent focus of public …
Environmental Performance Auditing Of Government - The Role For An Australian Commissioner For The Environment, G. L. Rose
Faculty of Law - Papers (Archive)
Commonwealth performance in environmental management can be systematically assessed and reviewed through public sector environmental audits. Australia’s experiences in public sector environmental audit indicate that its difficulties lie in inadequate available baseline data and vague policy benchmarks. Significant governmental efforts are being made to address the national data problem but not the benchmarks. Recent trends towards more systematic government performance reporting may eventually feed back to improve benchmarks. Some urge the establishment of an Australian Commissioner for the Environment to implement performance reporting, amongst other tasks. The potential role of the Commissioner as national auditor in particular is examined, drawing …
Substantive Precautionary Decision-Making: The Australian Fisheries Management Authority's 'Lawful Pursuit' Of The Precautionary Principle, Warwick Gullett, Christopher Paterson, Elizabeth Fisher
Substantive Precautionary Decision-Making: The Australian Fisheries Management Authority's 'Lawful Pursuit' Of The Precautionary Principle, Warwick Gullett, Christopher Paterson, Elizabeth Fisher
Faculty of Law - Papers (Archive)
In this article, the authors review recent Administrative Appeals Tribunal decisions concerning the Australian Fisheries Management Authority's exercise of discretionary powers in pursuit of its statutory objective to ensure that the exploitation of fisheries resources is conducted in a manner consistent ,vith the exercise of the precautionary principle. The most recent of a series of Tribunal decisions which have affirmed the Authority's interpretation and application of the principle as contained in the Fisheries Management Act 1991 (Cth) is discussed in detail, together with Federal Court rulings concerning the content of the Authority's statutory obligation to ensure that fisheries cxploitation maximises …