Harmonising Australian Environmental Law

Active Mission

The mission of the National Environmental Law Association (NELA) is to obtain and exchange information about environmental laws across Australia. This paper relates to the adoption by NELA of a project for the progressive development of environmental law.

NELA is uniquely placed to be proactive on certain national issues and to be a dynamic presence on the Australian environmental law scene.

The objectives are non-party political and will seek to optimise NELA's opportunities, effectiveness and attractiveness as an organisation.

National Harmonisation Concept

The concept for the progressive development of environmental law is to promote inter-governmental harmonisation of environmental law. NELA is committed to a strategy to promote harmonisation across the nine jurisdictions that make Australian environmental law. Such national harmonisation is desirable, not simply to level the environmental playing field, but to lift the level of play by highlighting State best practice. This approach has supported dramatic advances in environmental law in the European Union, for example.

It has been attempted in Australia in areas other than environment, for example, through the national Criminal Code. Closer to environmental issues, the Australian Building Codes Board is a joint venture of all levels of government in Australia. The Board's mission is to provide for efficiency and cost effectiveness in meeting community expectations for health, safety and amenity in the design, construction and use of buildings through the creation of nationally consistent building codes, standards, regulatory requirements and regulatory systems. Continual improvement to the Building Code of Australia has resulted.

NELA is in a position of unique relevance to promote the progressive development of environmental law at the truly national level in Australia (i.e. not just the Commonwealth). Harmonisation of environmental law is feasible within a cooperative federal framework in some generic and some sectoral areas.

For example, in a generic area of environmental law, NELA might seek to promote harmonised rules for public access to information, consultation, standing, and costs. Other generic areas for attention include guiding principles on directors' liability, criminal penalties and compliance systems. Current examples of sectoral harmonisation in the field of environment in Australia are the National Environment Protection Measures adopted through the National Environment Protection Council (NEPC), on matters such as air quality and transboundary movements of wastes. NELA might promote their extension to environmental sectors such as coastal water quality and wetlands management. It might also promote harmonisation through other organisations, such as the Productivity Commission.

National Harmonisation Program Strategic Directions

The national harmonisation concept will be supported by a program of activities. These activities will seek to develop understandings of and to promote national approaches to Australian environmental law.

The program will comprise of three categories of activity: research, consultation, and information exchange.

Areas of interest might include the EPBC Act, bilateral intergovernmental agreements, NEPC, environmental treaty implementation, or competition policy.

Examples of specific activities that could be fostered are:

• Research
  • Academic Linkages projects - support research on harmonisation of national environmental law.
  • NELA essay competition - a theme for the annual student competition.
• Consultation
  • Cooperative Federalism Workshops - meetings in each jurisdiction with government liaison staff on current inter-governmental consultation frameworks.
• Information Exchange
  • Conferences - themes on inter-governmental cooperation frameworks.
  • National Environmental Law Review - ongoing theme having relevance to national issues.

Comments and feedback are welcome by email to secretary@nela.org.au or post to NELA, GPO Box 133 , CANBERRA ACT 2601 or Fax: 02 6290 1580.