EDO NSW Fact Sheet 1.4 - Role of Government

The information contained in this fact sheet is current as at 1 January 2005.

Topic 1 - Introduction to Environmental Law

1.4 Role of Government

Text Box 1.1 – International Environmental Law

International environmental law has developed rapidly in response to concerns about global environmental issues. International environmental law covers a wide range of issues, such as natural and cultural heritage, biodiversity conservation, migratory species, marine pollution, climate change and ozone depletion.

International agreements are not binding within Australia unless the federal parliament enacts domestic legislation to implement the agreement. Ratification of a treaty may give rise to a ‘legitimate expectation’ that administrative decisions will comply with the terms of that treaty. However, in most cases, the practical effect of this expectation will be limited.

Nonetheless, developments in international law have a significant impact on the development of environmental law and policy in Australia. For example, ratification of treaties by the federal government may provide a constitutional basis for new federal environmental laws.

For more information on constitutional law and the environment, see Fact Sheet 1.5.

There are three tiers of government in Australia – federal, state and local government.

In Australia, responsibility for natural resource management and environmental protection primarily rests with the states. However, the federal government has in recent years played an increasingly influential role in the management of the environment.

For more information on the division of powers between the state and federal governments, see Fact Sheet 1.5 – The Commonwealth Constitution and Environmental Law.

In New South Wales, local government also has a fundamental role in managing and regulating planning and environmental matters. Local government has broad delegated powers in relation to planning and pollution control and plays a key role in enforcement of environmental law.