Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Environmental Protection And The Precautionary Principle: A Response To Scientific Uncertainty In Environmental Management, Warwick Gullett
Environmental Protection And The Precautionary Principle: A Response To Scientific Uncertainty In Environmental Management, Warwick Gullett
Warwick Gullett
The principle of precautionary action has been presented by some of its advocates as nothing less than a monumental paradigm shift in environmental management. It is essentially a new legal response to the scientific uncertainties surrounding the capacity ofthe environment to cope with the increasing demands placed upon it. This article outlines why our knowledge of environmental processes is inadequate and addresses the rationale and content of the "precautionary principle", tracing its development from an uncontroversial espousal of commonsense to its emergence as a potentially forceful decision-making norm. It will be argued tliat although the principle has definitional and implementational …
Marine Resources Management, Warwick Gullett, Clive Schofield, Joanna Vince
Marine Resources Management, Warwick Gullett, Clive Schofield, Joanna Vince
Warwick Gullett
The idea for this book came from a realisation that although the marine resources in Australia's large offshore areas are varied, valuable and of increasing national significance, these points are often poorly acknowledged and understood. Further, it was apparent to us that a clear understanding of the challenges that arise for the management of Australia's marine environment cannot be achieved without appreciating the complexities and cross-cutting nature of the activities and issues involved. This means that a broad scale perspective is required; one that is informed by contributions from a range of disciplines. Unfortunately, students, scholars and practitioners typically find …
Balancing Short Term Impacts And Long Term Interests In Fisheries Management Decisions, K Crosthwaite, Warwick Gullett
Balancing Short Term Impacts And Long Term Interests In Fisheries Management Decisions, K Crosthwaite, Warwick Gullett
Warwick Gullett
In the latest of a series of merits review decisions by the Administrative Appeals Tribunal (AAT) concerning the correct construction to be given to the Australian Fisheries Management Authority's (AFMA's) statutory objective to ensure that the exercise of the precautionary principle is 'pursued', the AAT has affirmed the decision under review as having being made reasonably and correctly in pursuit of the principle. This article explains the reason for the AAT's recent decision in Craig Justice v Australian Fisheries Management Authority and Executive Director, Department of Fisheries Western Australia (hereafter Justice v AFMA) which affirmed AFMA's implementation of the consultative …
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
Warwick Gullett
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 …