CHAPTER 7
CONCLUSION
7.1 The Committee notes that as the 20th Century draws to a close, the
environmental problems facing Australia continue to mount. The 1996 Australian
State of the Environment Report identifies a host of “structural”
problems that need to be solved as a matter of priority. It is clear to
the Committee, based on the voluminous submissions received in this inquiry,
that the public has a very strong interest in effective environmental
protection and successful ecologically sustainable development.
7.2 It is also evident to the Committee that the vast majority of submissions
believe that the Commonwealth Government must adopt a strong leadership
role in solving environmental problems facing Australia within the federal
system of Australian governance. This is not to say that environmental
management must not be shared by all three levels of government, but that
strong uniform national standards set by the Commonwealth should provide
the baseline for environmental protection in order to ensure all Australian
equal environmental protection under the law.
7.3 The Committee believes that the vast array of indirect constitutional
powers available to the Commonwealth provide the necessary and sufficient
sources of authority for the Commonwealth to undertake a much more central
and comprehensive regulatory approach to environmental protection. The
Committee believes that the vigorous exercise of these powers is necessary
if the problems identified in the 1996 Australian State of the Environment
Report are to be effectively and successfully addressed.
7.4 The Committee considers that voluntary, lowest common denominator
approach to national environmental protection, epitomised by the cooperative
environmental ministerial councils, such as the AEC, CONCOM, and NEPC
provide little, if any, cause for optimism that the Australian environment
will be effectively protected. The Committee concludes that after a quarter
of a century with little results to show, it is time to abandon such an
approach.
7.5 The Committee believes that it is beyond dispute that the Commonwealth
Government, like all democractic governments, is bound to act or, at all
events, it is constitutionally required to act in matters of public interest.
The Committee concludes that the Commonwealth Government should, as a
matter of high principle and policy, protect and promote the public good
in all way constitutionally permissible.
7.6 The Committee believes that the failure to exercise the extensive
existing Commonwealth power to protect the environment is largely the
result of the lack of political will and the failure to appreciate the
living Constitution set up by the framers in order to meet problems not
envisioned when Constitution was settled. The Committee believes that
the limited role of the Commonwealth in protecting the Australian environment
through uniform national standards is significantly out of step with the
expectations of the Australian community, including not only conservation
organisations, but also many individuals, public interest organisations
and industry groups.
7.7 The Committee also concludes that while the Commonwealth Government
currently possesses a very large suite of Constitutional powers in order
to legislation, or otherwise regulate for environmental protection, it
would nevertheless be desirable to have a general and wide Commonwealth
Environment power explicitly provided for in the Constitution possibly
under section 51. This would formally recognise and legitimise the authority
of the national government in environmental protection and management.
Senator Lyn Allison
Committee Chair
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