FLINDERS LAW SCHOOL, SA EDO & NELA FORUM
17TH November, 2015
ENVIRONMENTAL LAW – WHERE TO FROM HERE
Designing the Next Generation of Federal
Environmental Law for Australia – the APEEL
Project
APEEL.ORG.AU
Rob Fowler, Adjunct Professor, Law School,
University of South Australia
Overview
• The project, its process and next steps
• Our themes and questions
– Chapter 1 – Foundations of environmental law
– Chapter 2 – Environmental governance
– Chapter 3 – Land-based conservation and NRM
– Chapter 4 – Climate laws and energy regulation
– Chapter 6 – Democracy and the environment
APEEL.ORG.AU
– Chapter 5 – Business, law and environmental performance
The project, its processes and next steps
• the panel was convened by the Places You Love Alliance to
develop a blueprint for the next generation of environmental
laws, alongside efforts by PYL to build a new constituency for
nature and prevent the weakening of current environmental
laws
• the panel has met face-to face every few months since 14
Nov 2014, but largely conducts its internal discussions by
email and Skype
APEEL.ORG.AU
• An introductory paper with key themes, issues and questions
was released on November 13th: www.apeel.org.au
The process and next steps (cont.)
• a “co-design” process - everyone can join the discussion
through the APEEL web-site, social media and workshops
• feedback on the introductory paper will help to identify key
issues and gaps, and inform future recommendations
• technical discussion papers will be released in early 2016
• all papers will be available on the project website
APEEL.ORG.AU
• the panel will deliver its findings in mid-2016
•
Adjunct Professor Rob Fowler (convenor)
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Dr Hanna Jaireth (co-convenor)
Emeritus Professor Ben Boer
Emeritus Professor David Farrier
Professor Lee Godden
Professor Neil Gunningham
Dr Cameron Holley
Dr Bruce Lindsay (plus secretariat support)
Professor Jan McDonald
Dr Chris McGrath
Professor Zen Makuch (UK)
Professor Paul Martin
Professor Jacqueline Peel
Professor Bob Percival (USA)
Professor Benjamin Richardson
Nicola Rivers
Rachel Walmsley
Murray Wilcox AO QC
APEEL.ORG.AU
APEEL members
Places You Love Alliance
APEEL.ORG.AU
• The Places You Love Alliance = 40+ conservation organisations
• 1.5m Australian members and supporters
• PYL Alliance Management Committee and staff who have met with
APEEL include:
– Glen Klatovsky, Places You Love Alliance
– Michael Kennedy, Humane Society International
– Kelly O’Shanassy, Australian Conservation Foundation
– Brendan Sydes, Environmental Justice Australia
– Kate Smolski, Nature Conservation Council NSW
– Lyndon Schneiders, The Wilderness Society
– Samantha Vine, Birdlife Australia
– Kelly O’Shannassy, Australian Conservation Foundation
The context
• Australians expect a robust and integrated system of national
environment laws that will properly protect our air, water, biodiversity
and the places we love, and that ensure that our cities are liveable
• environmental laws are currently failing to protect the environment and
to respond to the challenges of climate change, biodiversity loss etc.
effectively
APEEL.ORG.AU
• other reviews of current legislation also identify many of the problems
the Panel is attempting to address, e.g., the Hawke Review of the EPBC
Act (2010-11)
Key foundational questions (Ch. 1)
Chapter 1 – focuses on the foundations of environmental law – its goals,
objects and principles
Key questions include:
• ‘Should ESD be the main goal of environmental law or do we need a new
societal goals’
• ‘How can the objects of environmental legislation be improved?’
APEEL.ORG.AU
• ‘What are the key environmental law principles (both directing and
design-based) that are needed to guide the next generation of
environmental law?’
Key governance questions (Ch. 2)
•
‘Are ‘shared’ governance approaches a sound basis for better environmental governance?’
•
‘Do we need a new Intergovernmental Agreement on the Environment to take account of
changing priorities, issues and thinking?’
Is the current, decentralised federalism model in Australia the most appropriate foundation
for the next generation of federal environmental laws? Should the Commonwealth
government play a greater role?
How should we recognise the role of local and regional government in environmental
management?’
‘What sort of governance organisation(s) do we need to ensure that our environmental laws
are implemented effectively ?’
vhow do we design and implement environmental laws so they are more effective, efficient,
equitable and transparent ?
•
•
•
•
APEEL.ORG.AU
Chapter 2 – focuses on environmental governance including constitutional
responsibilities, federalism arrangements, environmental institutions, shared
governance, and the implementation and effectiveness of environmental
laws. Key questions include:
Key questions for land-based conservation (Ch.3)
•
•
•
•
•
•
•
‘How can we achieve an efficient and equitable balance between protection of the
public environmental interest and private property interests?
Should there be a general a general environmental duty of care, and what might it
consist of?
‘How can we achieve more strategic, landscape-scale management that
recognises the inter-connectedness of terrestrial and other natural resource
management systems?’
‘Should the Commonwealth take a leadership role in ensuring the integrity of
these approaches?
‘What role do off-setting and other compensatory measures play in
environmental law and management?’
‘How can adaptive management be applied so as to still offer certainty to
property owners and resource users?’
‘How can we secure more resources for environmental protection and
restoration?’
APEEL.ORG.AU
Chapter 3 – focuses on land based conservation and NRM; key questions include:
Key questions for climate and energy (Ch.4)
Chapter 4 – focuses on climate laws and energy
Key questions include:
• ‘What is Australia’s fair share of the global emissions reductions effort and
how should that be reflected in domestic climate law?’
• ‘What is the best package of climate change mitigation laws to meet the
emissions targets needed for a decarbonised energy future including:
- energy reform incentives including clean energy finance
- the renewable energy target and energy efficiency
- company disclosure requirements’
APEEL.ORG.AU
- fossil fuel subsidies
Key questions for laws for the private sector (Ch.5)
Chapter 5 – focuses on corporations, financial environment, tax, consumer
protection, trade and voluntary environmental incentives
Key questions include:
• ‘How can laws governing business be harmonised with environmental
governance?
• ‘How does business law currently impede or contribute to
environmentally responsible behaviour?’
• ‘What other areas of law and economic activity can contribute to
achieving this ambition?’
APEEL.ORG.AU
• ‘How can greater environmental ambition be achieved in these areas of
law?’
Key questions for democracy (Ch.6)
Chapter 6 – focuses on democratic processes and environmental rights. Key
questions include:
• ‘What is our vision for environmental democracy?’
• ‘What participatory mechanisms work best?’
• ‘How can right to environmental information laws be made more
effective and efficient?’
• ‘How can access to justice be improved or safeguarded?’
• ‘Should a right to a safe and healthy environment be established in
Australian law?
APEEL.ORG.AU
• ‘Should we recognise rights for nature?’
APEEL.ORG.AU
More information?
www.apeel.org.au
www.placesyoulove.org/expertpanel/