Capacity building for environmental law in the South Pacific
This report was prepared by the EDO at the request of the IUCN Environmental Law Program.
It is intended to inform the development and implementation of a project to build the environmental law capacity of government and nongovernment organisations in the South Pacific region, to be delivered jointly by the IUCN and the Secretariat of the Pacific Regional Environment Program (SPREP), in collaboration with government and non-government partners throughout the region.
The report provides an overview of the following topics:
environmental issues in the South Pacific;
environmental law and policy in the South Pacific;
key institutions and existing capacity-building programs; and
proposed capacity-building strategies and activities.
The purpose of this booklet is to help you understand your legal rights and obligations as a landholder and to manage your land in accordance with environmental and natural resource management law.
The topics covered in this booklet include:
vegetation management
protected plants and animals
bushfire management
water management
development consent
pollution
agricultural chemicals
crops and stock
mining and quarrying
heritage protection
voluntary conservation.
The booklet is free and you can request multiple copies (including boxes of 150).
The EDO assisted the Environmental Law Centre (ELC) in Papua New Guinea to prepare this book as a guide for rural communities, individuals and lawyers working with them on forestry and natural resources issues.
The EDO has been involved at the international level of policy making, for example, attending
the 2007 Bali meeting of the United Nations Framework Convention on Climate Change
(UNFCCC). We have been involved at the national level, for example, appearing at the
Senate Inquiry hearing on the National Greenhouse and Energy Reporting Bill 2007. In the past
week we have prepared three submissions addressing various Issues Papers and Reports
prepared by the Garnaut Review team. We have engaged in debate on state level laws and
policies, for example, by preparing a submission on the Renewable Energy (New South Wales) Bill 2007. Recently we have prepared a report for local coastal councils about the status of current legislation regarding climate change responsibilities and liabilities.
While there are exciting and progressive moves being made to develop Australia’s legal
framework for responding to climate change, we believe there is an opportunity now to
put in place a comprehensive, national legislative scheme. Such a scheme should build on
existing initiatives that have merit, augment areas where we have lagged behind in
implementing regulation, and establish best-practice standards. Comparable jurisdictions,
such as the United Kingdom, the United States and Canada have draft national Bills
currently under review.
The aim of this Discussion Paper is to highlight some of the issues we would like to see
addressed by comprehensive national climate change legislation. We ask the question: if
Australia was to introduce a national Climate Change Act, what should it cover? A
comprehensive plan to address climate change requires more than just the establishment
of an emissions trading scheme, and it is clear that there are a number of key elements
that should form part of the legislative architecture. This Paper by no means presents a
definitive list of necessary actions, rather it identifies ideas for discussion and
development.
Part One briefly discusses the context of Australian legislative action on climate change.
Part Two provides an overview of some recent legislative developments in other
jurisdictions. We analysed a number of existing and proposed Bills in order to find
examples of provisions and concepts that may be useful for Australia.
Part Three outlines a preliminary list of 10 key areas that should be addressed in national
climate change legislation. We note that while some elements are being addressed by
Australian legislation (for example, mandatory renewable energy targets and energy and
greenhouse reporting), it is necessary to ensure that these are ‘best practice’ and
integrated into a coordinated legislative framework. The 10 key elements cover the
following areas: objectives, quantified emissions reduction targets, mandatory renewable
energy targets, emissions trading scheme, regulating the voluntary carbon offsets market,
regulating biofuels, establishing an independent regulatory body, compliance and
enforcement, monitoring reporting and public participation, and complementary
amendments and policies.
The purpose of this guide is to assist Aboriginal people to understand their legal rights and obligations under environmental and natural resource management law.
This guide is written specifically for Aboriginal communities living in NSW, recognising that environmental issues don’t affect everyone in the same way.
The guide may be useful for people from other states but many of the laws referred to in this guide are NSW laws and the law may differ in other states.
It is hoped that this guide will help you to better understand the many complicated laws relating to country, culture and heritage so that you will be in a better position to protect your rights and the environment.
This plain English guide is an essential companion for those interested in learning about their legal rights to protest, and how to make informed decisions when participating in protest and campaign actions.
This publication examines laws governing campaigning as they apply in a wide range of circumstances, such as on the street, in forestry areas and on Commonwealth land. It is a practical source of information that is intended to help guide campaigners through the various aspects of campaigning in NSW including:
On 13-14 May 2005, the Environmental Defender’s Office (NSW) held a two day conference to celebrate the 20th anniversary of the Environmental Defender’s Office Network.
This conference reflected on the development of public interest environmental law in Australia over the last twenty years, discussed current issues of importance and explored future directions in environmental law and policy in Australia.