28 Apr 2021

Environmental Protection and Economic Development: A Poorly Executed Balancing Act

This webinar presents Mr Tim Dickson’s research findings in his award-winning entry in the 2020 NELA essay competition. Tim applies Thomas Berry’s ‘Earth Jurisprudence Theory’ to argue that section 74A of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act) should be reformed.

Tim recommends that the objects section in the Act be amended to better consider the impacts of development proposals on the earth community. This could be achieved by providing that: “The overarching object of this Act is to provide for the protection of the environment” with the remaining objects clauses forming the secondary objects of the Act.

The first principle of ecological sustainable development in the Act should read: “Decision-making processes should effectively consider long-term and short-term environmental factors as primary, with secondary consideration of economic, social and equitable factors. These considerations are fundamental in decision-making.”