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Environmental Law
This guide contains links to Internet resources and documents in the
area of federal environmental law, as well as providing links to other
guides and directories which contain material on State and Territory and
overseas law.
ACEL offers environmental
law and policy teaching and research in Australia at
the ANU.
A not-for-profit, membership-based
environmental organisation which takes an evidence-based, solution
focused approach to environmental issues.
- Australian Network of Environmental
Defenders Offices (ANEDO)
The EDO Network consists of nine independently
constituted and managed community environmental legal centres spread
across Australia.
- Department of Sustainability, Environment,
Water, Population and Communities
- Environment Institute of Australia
and New Zealand (EIANZ)
A professional association for environmental practitioners.
- Environment Protection and Heritage
Council (EPHC)
- Environs Australia
The local government environment network.
- Greenpeace Australia
- Lawyers for Forests
- National Environmental Law Association
(NELA)
A multi-disciplinary organisation serving the needs of practitioners
in law, planning, natural resources and environmental management, environmental
science and environmental impact assessment.
- National Water Commission (NWC)
The National Water Commission is an independent statutory body within the Department of Sustainability, Environment, Water, Population and Communities portfolio.
- Natural Resource Management Ministerial
Council (NRMMC)
The NRMMC is the peak government forum for consultation, coordination
and, where appropriate, integration of action by governments on natural
resource management issues.
Journal articles, reports etc
2011
2010
2009
2008
2007
2006
2005
The Covenant is the voluntary
component of a co-regulatory arrangement for managing the environmental
impacts of consumer packaging in Australia. The Covenant is designed
to minimise the environmental impacts arising from the disposal of
used packaging, conserve resources through better design and production
processes and facilitate the re-use and recycling of used packaging
materials.
2004
2003
2002
2001
2000
1999
1998
Links to Overseas Environmental Law Sites
Key Publications
- Climate
Change Law & Policy in Australia (Lexis Nexis)
Contents: Recent Developments in Climate Change Law and Policy;
Chapter 1 — Introduction to Climate Change Law and Policy ; Chapter
2 — The Science of Climate Change ; Chapter 3 — The UNFCCC
and the Kyoto Protocol ; Chapter 4 — Mitigation of Climate Change:
The International Context ; Chapter 5 — Commonwealth Policy and
Legislation ; Chapter 6 — State and Territory-based Law and Policy
; Chapter 7 — Local Government and Climate Change ; Chapter 8
— Climate Change Litigation ; Chapter 9 — Carbon Markets
; Chapter 10 — Emissions Trading (incl What is the difference
between an emissions trading scheme and a tax?); Chapter 11 —
Carbon Capture and Storage ; Chapter 12 — Land Use, Forestry and
Native Title ; Chapter 13 — Business and Climate Change ; Chapter
14 — Taxation and Climate Change ; Chapter 15 — Aviation
and Climate Change ; Chapter 16 — Shipping and Climate Change
; Carbon Pollution Reduction Scheme: Australia's Low Pollution Future
White Paper — Executive Summary ; Carbon Pollution Reduction Scheme
; Kyoto Protocol ; UN Framework Convention on Climate Change
- Emissions
Trading and New Energy — Global Law Guide (CCH )
Covers the following countries: Argentina, Australia, Brazil, Canada,
China, European Union, India, Japan, Mexico, New Zealand, Thailand,
United Kingdom, United States.
- Emissions
Trading and New Energy - Global Law Guide Newsletter (CCH)
Covers new developments in Australia.
- World Climate Change Report
(BNA)
News reports, special reports,press releases, conferences & events,
video archive (all with a US emphasis) + Climapedia, a detailed world
encyclopedia of climate change policy and law.
- Climate
change (Background Note, Parliamentary Library - regularly updated
- for legal aspects see the section on Governance and Policy)
- Climate
change law in Australia, (Collection of articles in University
of New South Wales law journal forum, v. 31, no. 2, 2008. On HeinOnline)
- An Overview of
Greenhouse Gas (GHG) Control Policies in Various Countries (US Congressional
Research Service, 2009).
Covers: European Union (France Germany. United Kingdom), Australia,
Brazil, Canada, China, India, Japan, Korea, Mexico, Russian Federation,
United States.
Legislation
Australia
The Energy
Efficiency Opportunities Act 2006 and National
Greenhouse and Energy Reporting Act 2007 were both introduced by the
Howard Coalition Government.
The Rudd Labor Government has attempted to introduce the following new
legislation:
- Carbon Pollution Reduction Scheme Bill 2009 [Exposure draft of bill].
Tabled 11/3/09. A draft of the bills introduced on 14 May 2009 (see
below).
- Carbon
Pollution Reduction Scheme Bill 2009
Part of a package of six bills to give effect to the Carbon Pollution
Reduction Scheme, the bill gives effect to Australia’s obligations
under the United Nations Framework Convention on Climate Change and
the Kyoto Protocol by outlining: entities and emissions covered by the
scheme; liable entities’ obligation to surrender emission units
corresponding to their emissions; limits on the number of emissions
units that will be used; the nature and allocation of Australian emissions
units; mechanisms to contain costs; linking to other emissions trading
schemes; assistance in relation to emissions-intensive trade-exposed
activities and coal-fired electricity generators; voluntary inclusion
of reforestation activities under the scheme; the Australian National
Registry of Emissions Units; and monitoring and enforcement. Also contains
a regulation making power.
Introduced into the House of Representatives on 14/5/09 but defeated
in the Senate on 13/8/09.
- Carbon
Pollution Reduction Scheme Bill 2009 [No. 2]
The package of bills was reintroduced into the House of Representatives
on 22/10/09 and defeated again in the Senate on 2/12/09
- Carbon
Pollution Reduction Scheme Bill 2010
The 2009 package of bills (inclusive of the amendments agreed to by
the opposition coalition party room in late 2009) was reintroduced into
the House of Representatives on 2 February 2010. On 27 April 2010, the
Government announced
that it would delay the introduction of the Carbon Pollution Reduction
Scheme until 2013.
United States Bills
- American
Clean Energy and Security Act of 2009 (Waxman Markey Bill, House
of Representatives, bill no. H.R. 2454, introduced by Henry Waxman (D-CA)
and Ed Markey (D-Malden) 15 May 2009 and passed the House on 26 June
2009. A corresponding bill in the Senate was unsuccessful.
Analysis
- Clean
Energy Jobs and American Power Act (Kerry Boxer Bill, Senate, bill
no. S. 1733, introduced by Senators Kerry (D-MA) and Boxer (D-CA) 30
September 2009. Still before the Senate but not expected to proceed
as Sen Kerry works on another bill. See draft American Power Act (below).
Analysis
- American Power Act (draft
bill released by Senators John Kerry and Joseph Lieberman on 12
May 2010)
- What
Happened to Democrats' Energy, Climate Change Legislation Plans? (PBS Newshour 9 August 2010). Overview of the politics involved in trying
to pass the climate change bills in the US Congress
Treaties

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