Law reform for life: how to unleash the guiding principles of ecologically sustainable development to improve human relationships with (the rest of) urban biodiversity

Abstract

Urbanization is arguably the most severe and irreversible driver of environmental change, particularly with respect to biodiversity. This is the case even in Australia, a megadiverse country with a sophisticated federal regime of biodiversity governance. Yet, life persists in urban worlds. In the context of global climate and ecological crises, this article endeavours to illustrate how law and policy can grapple with the complexities of urban biodiversity and enable it to flourish. First, the article outlines the current approaches to urban biodiversity: what is it, what is it like, why does it matter and how do humans think of it? Second, the article analyses the current state of biodiversity governance in Australia, focusing particularly on the laws and policies of the Commonwealth, New South Wales, and local governments in Greater Sydney. Finally, the article details a program of reform which revisits the original guiding principles of ecologically sustainable development, illustrating how they could be unleashed for the better governance of urban biodiversity with respect to decision-making, the administration of law, issues at scale, the economy, valuation techniques and community participation. The program includes not only systemic and multi-scalar reforms, but also local-level reforms which have significant yet often overlooked potential to encourage pro-biodiversity behaviours in everyday life. The aim is to reveal just some of the many ways in which hope can be creatively transformed into action for a biodiverse urban future – that is, to reveal the possibilities of law and policy to enable urban biodiversity to be better recognized, understood, valued, protected and enhanced as Australia develops in the twenty-first century.