Abstract
This research paper critically evaluates the status of natural resources law in Australia in relation to its capacity to disincentivize the capacity for mining and natural resource extraction related activities to pollute essential water sources. This paper articulates the historical development of the law protecting waterways from pollution within Australia and Queensland and identifies the deficiencies in this development. This paper then investigates mechanisms for improving the capacity of the law to incentivize environmentally sound practices from groups that carry out natural resource extraction. This topic warrants investigation due to the vital nature of water for sustainable growth and development in Queensland, particularly with Australia and Queensland’s dependence on waterways such as the Murray-Darling basin for agricultural and ecological sustainability. This paper investigates the complicated relationship between the necessity of water for facilitating mining infrastructure projects such as coal seam gas extraction, alongside the potential for waterways to become polluted through these processes and negatively impact the livelihood of local populations. This research looks toward jurisdictions who have recently made law reform attempts to address similar issues relating to pollutants from mining practices in waterways such as the recent reforms made by the People’s Republic of China. In studying these reforms, this paper critically assesses the capacity for these law reforms to provide solutions to address pollution caused by natural resource extraction in Australian waterways.
Highlights
This research paper critically evaluates the status of natural resources law in Australia in relation to its capacity to disincentivize the capacity for mining and natural resource extraction related activities to pollute essential water sources
This paper investigates the complicated relationship between the necessity of water for facilitating mining infrastructure projects such as coal seam gas extraction, alongside the potential for waterways to become polluted through these processes and negatively impact the livelihood of local populations
This paper critically assesses the capacity for these law reforms to provide solutions to address pollution caused by natural resource extraction in Australian waterways
Summary
This research paper divides its investigation into environmental law reform regarding water pollution in Queensland into three sections. 2) The second section of this research paper evaluates recent developments regarding the development of environmental protection legislation in the People’s Republic of China and their relation to present issues in Australia. 3) The final section of this paper critically evaluates issues in relation to the applicability of Chinese legal reforms to Australia’s legal framework. It considers whether such policy reform would be viable in an Australian socio-political context and consider mechanisms to address the difficulties that are associated with the legal transplantation of foreign policy. As Australian political structures can lead to rapid variation and lack the capacity for long-term nation-level planning through Five-Year implementation blocks (Dai, 2015: pp. 88-89), it will be considered whether there are alternative means of implementing these water source protecting policies in Australia
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