Does International Biodiversity Law Offer Adequate Protection to the Great Barrier Reef?

Abstract

Over the past thirty years since the Great Barrier Reef was recognised as a World Heritage Site, it has been estimated that coral cover has declined by over 50%. Today, a lethal cocktail of climate change, ocean acidification and coastal development threatens the conservation and preservation of the Great Barrier Reef for both present and future generations. Despite this outlook, the Australian Government has approved plans for a project, colloquially described by environmental organisations as the “world’s biggest coal port”, to be built adjacent to the World Heritage Site. This development at Abbot Point, and the associated construction of new coal mines in the Galilee Basin, will facilitate the release of an additional 900 Million tonnes of CO2 emissions per annum. As well as contributing to climate change, the dredging required for this project will also have an immediate, direct impact on the Great Barrier Reef World Heritage Area, yet marine scientists contend that the long-term effects of this dredging activity remain unclear. This factual background raises the question as to whether international biodiversity law offers adequate protection to the Great Barrier Reef. To address this question, two further questions must be asked. First, as two major pillars within international biodiversity law, are the Australian Government in breach of their obligations to protect and conserve the Great Barrier Reef under both the World Heritage Convention (WHC) and the Convention on Biological Diversity (CBD) and secondly, are there adequate enforcement mechanisms under both Conventions?