Abstract
What is the jurisprudential approach taken to Natural Resources Law in Australia? The ultimate source of law in Australia is Commonwealth of Australia Constitution Act however the Constitution does not specifically include an environment or natural resources power and the Commonwealth government can only make laws under the heads of power provided by the Constitution. This paper considers how natural resources law has developed as environmental protection law, especially the Environment Protection and Biodiversity Conservation Act. Also discussed is the approach taken by the Northern Territory of Australia in relation to natural resources law. The discussion unearths the developing jurisprudence in Australian natural resources law that seems to increasingly favour environmental protection over human development.
Highlights
Danial Kelly monwealth government doesn't have the ability to make a valid law on the basis of the environment
What is the jurisprudential approach taken to Natural Resources Law in Australia and how is this approach located in international jurisprudence? The ultimate source of law in Australia is Commonwealth of Australia Constitution Act the Constitution does not include an environment or natural resources power and the Commonwealth government can only make laws under the heads of power provided by the Constitution
This paper considers how natural resources law has developed as environmental protection law, especially the Environment Protection and Biodiversity Conservation Act
Summary
The precautionary principle means that, “[w]here there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation”.7 This principle asserts that in cases dealing with environmental harm, it is not necessary to await full proof or certainty of that harm. The precautionary principle means that, “[w]here there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation”.7. This principle asserts that in cases dealing with environmental harm, it is not necessary to await full proof or certainty of that harm. The distance between the top of the mountain and the sea is about two kilometers which makes it an incredibly steep and spectacular area of land This case was brought by Mrs Walker, an environment activist, against. The upshot is that the minister, when making a relevant decision, needs to consider the public interest under various pieces of environmental assessment legislation and they need to consider ESD and the precautionary principle
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