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Last updated: 27 August 2008
1.3 Which level of government is responsible for environmental matters?
There are three tiers of government in Australia – Federal, State and local government.
Although responsibility for environmental matters is split between all three levels of government, primary responsibility rests with the States.
State environmental laws
The NSW Government is generally responsible for regulating matters such as:
Planning and development (for more information, see Topic 2)
Pollution (for more information, see Topic 4)
Management of natural resources such as forests, water and minerals (for more information, see Topic 5)
Protection of threatened species (for more information, see Topic 6)
Heritage protection (for more information, see Fact Sheet 7.1)
To access NSW environmental legislation, click here.
In recent years the Federal Government has played an increasingly influential role in environmental matters although in practice, the role of the Commonwealth remains relatively small. This is because unlike State Parliaments, the Commonwealth Parliament's powers to make environmental laws are limited by the powers given to it under the Australian Constitution (for more information on Commonwealth constitutional powers, see Fact Sheet 3.1).
Areas of Commonwealth environmental responsibility
The Federal Government regulates activities and developments which relate to:
Commonwealth land
activities by Commonwealth agencies;
nationally threatened species and ecological communities;
nationally protected wetlands (Ramsar wetlands);
listed migratory bird species protected under international agreements;
For more information on Commonwealth environmental laws, see Topic 3.
The Commonwealth and international environmental law
The Commonwealth is also responsible for implementing the obligations which Australia has adopted under the many international environmental treaties and conventions which it has signed.
With three levels of government all involved in environmental regulation, it can sometimes be difficult to identify which government department and minister is responsible for a particular matter. However, taking the time to identify the correct decision-maker is an important first step in effectively addressing any environmental problem.
