Environmental Law

Environmental law is a body of law which addresses the system of complex and interlocking rules which seeks to protect from destruction or development the natural environment which may be endangered by human encroachment. It is the special body of official rules, decisions, and actions concerning environmental quality, natural resources, and ecological sustainability. In Australia, there are a number of laws both at the Commonwealth and State levels for the protection of the environment. These laws provide for the protection of environment, setting up of national parks, regulates the development of land, regulation of hazardous waste, etc.

The main Commonwealth Statutes are:

  • Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) preserves and protects places, areas and objects of particular significance to Aboriginals.
  • Antarctic Marine Living Resources Conservation Act 1981 (Cth) for the conservation of marine living resources of the Antarctic and its surrounding seas. Antarctic Treaty (Environment Protection) Act 1980 (Cth) for the protection and conservation of the environment in the Antarctic.
  • Australian Heritage Commission Act 1975 (Cth) establishing an Australian Heritage Commission
  • Environment Protection (Sea Dumping) Act 1981 (Cth) providing for the protection of the environment by regulating the dumping into the sea, and the incineration at sea, of certain wastes and other matter and the dumping into the sea of certain other objects and by prohibiting the dumping into the sea
  • Environment Protection and Biodiversity Conservation Act 1999 (Cth) for the protection of the environment and the conservation of biodiversity.
  • Great Barrier Reef Marine Park Act 1975 (Cth) establishing a Great Barrier Reef Marine Park.
  • Hazardous Waste (Regulation of Exports and Imports) Act 1989 (Cth) for the regulation of the export, import and transit of hazardous waste.

The States also have similar statutes for the protection of the environment. There are also special Court and Tribunals set up at the Commonwealth and State level to deal with these statutes at both levels.