This article is written by Subhashmin Moharana of 2nd Semester of NLUO, an intern under Legal Vidhiya.
The relationship between environmental law and climate change is a complex and pressing issue in Australia. This research aims to explore the current state of environmental law in Australia and its ability to address the challenges posed by climate change. The study will examine the legal frameworks and policies currently in place, as well as the effectiveness of these measures in mitigating the impacts of climate change on Australia’s environment. The research will also analyse the role of various stakeholders, including government agencies, NGOs, and the private sector, in shaping environmental policy and driving action on climate change. The results of this research will contribute to a better understanding of the legal and policy frameworks needed to address the pressing environmental challenges facing Australia and the world.
The impact of weather change on Australia’s ecosystems is a critical difficulty that cannot be unnoticed. With Australia’s rich biodiversity already facing many human-precipitated threats, the results of weather exchange will most effectively worsen the state of affairs. Unluckily, the ability of maximum species to evolve to these adjustments by means of moving their distributions can be confined due to the varying bodily and biotic characteristics of the Australian environment. those encompass elements which include topography, habitat fragmentation, low dispersal capacity, and the confined geographic stages of various species. It also highlights precise regions and ecosystems which are probable to be maximum adversely affected within the quick to medium time period. it is far vital that motion is taken to mitigate the outcomes of climate exchange on Australia’s herbal ecosystems, as they may be crucial not simplest to the use of a’s biodiversity, however to the health of the planet as a whole. information the environmental context wherein Australia’s precise biota developed is essential to information the future vulnerability of Australian ecosystems to climate alternate. Several features, including topography, soil, climate, biogeographic records, and past and gift human occupation, have fashioned ecological groups and the distribution and abundance of character species. The continent is the second driest inside the world, with 33% categorized as arid and seventy-five% as semi-arid. Rainfall is particularly variable and there is a marked gradient from the coast to the interior, with the northern element dominated by the summertime monsoon gadget and the southern part with the aid of the wintry weather Antarctic system. The El Nino/Southern Oscillation phenomenon is the strongest local motive force of climate variability, causing episodic activities which include floods and prolonged droughts. Some species, particularly in arid and semi-arid regions, have adaptations to cope with such variability. but the continent’s flat topography will limit the capacity of many species to move to better elevations as temperatures upward push, requiring long shifts in geographic variety for maximum species to maintain pace with converting weather zones.
Conservation of Australia’s biodiversity
Australia has a long and stable tectonic history, with the Australian continental plate separating from Gondwana around forty million years ago and drifting north until colliding with the Sund island arc system 15-20 million years ago. The continent consists of a core of very ancient rocks, over three hundred million years old, welded to the eastern highlands, over twenty million years old. Indigenous Australians arrived in the country at least 50,000 years ago, and their demographic history remains uncertain, with estimates ranging from 300,000 to around one million people at the time of European arrival in 1788. European settlement fully exploited the land by 1920, and agricultural intensification followed, with economic growth increasingly driven by manufacturing and minerals exploitation. The preservation of biodiversity plays a crucial role in sustaining human life on Earth, as it offers various advantages such as providing food, medicines, and industrial resources. It also contributes to the provision of clean air, water, and nutrient-rich soil. With over one million plant and animal species, Australia harbours a vast array of unique wildlife, with 82% of its mammals and 93% of its frogs found nowhere else in the world. However, the Australian environment has undergone significant modifications over the past two centuries, resulting in the depletion of 75% of its rainforests and the highest number of mammal extinctions worldwide[1]. Protecting the biodiversity of NSW requires community involvement and cannot solely rely on national parks and reserves. The Australian government’s Biodiversity Conservation Strategy 2010-2030 aims to guide the management and protection of the country’s biodiversity, with a long-term vision of maintaining healthy and resilient ecosystems. The strategy outlines three action priorities, including engaging citizens, building resilient ecosystem in a changing climate, and setting achievable goals. Citizens can participate in conservation efforts through programs like Citizen Science and Saving our Species. Over the last two centuries, Australia’s biodiversity has experienced significant declines with numerous species of mammals, birds, frogs, and plants presumed to have gone extinct. Among these, the mammalian species have been the most severely affected, with seventeen out of approximately 270 species that existed in continental Australia in 1788, now presumed extinct under “the Environment Protection and Biodiversity Conservation Act 1999″.
Global warming and its impact on Australia.
Global warming has had a significant impact on Australia. According to the Australian Bureau of Meteorology, Australia’s temperature has increased by 1.44°C since national records began in 1910. This warming has led to heatwaves, bushfires, and droughts causing more rapidly for prolonged periods of time. This warming has led to an increase in the frequency and intensity of heatwaves, bushfires, and droughts. The Australian government has set a target of net zero emissions by 2050. The Australian Climate Council has identified that climate change is causing more frequent and severe heatwaves, bushfires, droughts, and floods in Australia. According to the Australian Bureau of Meteorology, the frequency of extreme heat events has increased significantly since the 1950s. In conclusion, global warming is having a significant impact on Australia’s climate
Wildfires in Australia have become a major environmental disaster in recent years. Scientists have found that global warming has increased the risk of hot, dry climates, which are likely to lead to wildfires, by at least thirty one percent. The ongoing bushfires have confirmed researchers’ warnings many years ago about an increase in bushfires in Australia due to climate change2. Climate change is having a major impact on Australia’s wildfires. Rising temperatures and rainfall are making the environment more vulnerable to fire. It is important to mitigate the impacts of climate change. Wildfires in Australia have become a major environmental disaster in recent years. Scientists have found that global warming has increased the risk of hot, dry climates, which are likely to lead to wildfires, by at least 30%. The ongoing bushfires confirm researchers’ warnings years ago about an increase in bushfires due to climate change in Australia. Since the mid-1990s, southeastern Australia has seen a 15 degree drop in late fall and early winter precipitation, and a 25 degree drop in average precipitation in April and May. In summary, climate change is playing a significant role in Australia’s wildfires. Rising temperatures and rainfall made the environment more fire prone.
Coral reefs are an important part of the marine ecosystem in Australia. However, climate change has been affecting coral reefs around the world. According to Australian and international research, an increase in average global temperatures of just one-degree Celsius above the preindustrial period will cause coral reefs to lose all their corals by mid-century1. The Great Barrier Reef, which is the world’s largest coral reef system is a victim of a string of marine heat waves that have killed half its coral. The impact of climate change on coral reefs is multilayered. While coral reefs only cover 0.1% of the ocean floor, they support more than 25% of all marine life3. The Australian Coral Reef Resilience Initiative is a seven-year research program aimed at reversing declines in the resilience of reef ecosystems due to the impacts of climate change. In conclusion, climate change is having a significant impact on coral reefs in Australia and around the world. However, climate change has been affecting coral reefs around the world.
The Reef 2050 Objectives and Goals[2] are the main supporting documents of the updated reef 2050 Long Term Sustainability Plan (Plan). In preparation, the agency will work with reef managers, scientists, other stakeholders, and end users to fully understand what information is needed to assess progress and make informed decisions. and compared this with the information already collected and the information needed for the replenishment work needed to prioritize critical gaps. They are important havens for flora and fauna and provide several ecosystem services such as: Protect coasts from storms, support nutrient cycling to adjacent marine ecosystems, and contribute to soil and sand formation (GBRMPA 2019). Cultural significance is understood to mean aesthetic, historical, scientific, social, or spiritual value to past, present, or future generations. The “Strong People – Strong Land” framework is an Indigenous Heritage monitoring framework that combines the health of coral reefs and their watersheds with the quality of life of their traditional owners.
Australia’s environmental laws
Australia has a bunch of green laws for environment protection. These include the Emissions Reduction Fund (ERF) which incentivizes emissions reduction projects, the Renewable Energy Target (RET) which aimed to increase renewable energy generation, and the National Energy Guarantee (NEG) which sought to ensure reliable and affordable electricity supply while reducing emissions. The Carbon Pricing Mechanism (CPM), a former carbon tax, aimed to create an economic incentive for cleaner energy sources. The Clean Energy Finance Corporation (CEFC) that invests in renewable energy, while the Australian Renewable Energy Agency (ARENA) funds renewable energy research and development. The Climate Solutions Fund supports emissions reduction projects, the National Carbon Offset Standard (NCOS) provides guidelines for measuring and offsetting emissions, and the National Greenhouse and Energy Reporting Scheme (NGER) requires large emitters to report their emissions. The Energy Efficiency Opportunities (EEO) program identifies opportunities to save energy, and the Low Emission Technologies Statement (LETS) boosts the development and deployment of low-emission technologies. Additionally, the National Waste Policy and Product Stewardship Act aims to reduce waste and associated emissions, and the National Pollutant Inventory (NPI) tracks pollutant emissions. The National Clean Air Agreement addresses air quality and emissions from transportation and industry, and the Water Efficiency Labelling and Standards (WELS) system promotes water-efficient products. The Great Barrier Reef 2050 Plan focuses on protecting coral reefs from the impacts of climate change, and the National Land Management Program supports sustainable land use. The Biodiversity Conservation Strategy aims to conserve biodiversity, and the Murray-Darling Basin Plan manages water resources in areas vulnerable to climate change. Australia has a range of environmental policies in place to protect its unique and diverse natural environment. These policies are designed to ensure sustainable development and conservation of natural resources for future generations.
National Environment Protection and Biodiversity Conservation Act (EPBC Act) 1999[3]
The main environmental law in Australia is “the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)”. It is a central legislative bill that provides the required legal framework for protection of Australia’s unique flora and fauna. It also aims to protect the ecological communities native to Australia and their cultural heritages. In addition to the EPBC Act, each state and territory in Australia has its own environmental legislation. Australia has implemented a range of climate change policies and programs to address greenhouse gas emissions and environmental sustainability. This Act is intended to conserve and protect the country’s biodiversity, ecosystems, and heritage sites. It provides a legal framework for the management and assessment of activities that may affect the environment, including development projects, mining, and forestry. Another major policy is the Australian Government’s climate change policy. Australia also has policies in place to protect its oceans and marine life. The Australian Marine Parks system was established in 2012 to conserve marine biodiversity and protect important habitats. The system includes sixty marine parks covering over 3 million square kilometres of ocean. In addition to these national policies, individual states and territories have their environmental policies. For example, Victoria’s Biodiversity Strategy 2037 aims to protect and restore the state’s biodiversity, while New South Wales has a Waste Avoidance and Resource Recovery Strategy to reduce waste and increase recycling.
The national Environmental safety and Biodiversity Conservation Act (EPBC Act) is a federal regulation in Australia that turned into enacted in 1999. The act pursuits to shield and conserve the United States of America’s biodiversity, ecosystems, and historical past places. It provides a criminal framework for the assessment and control of sports that could impact the environment, inclusive of development initiatives, mining, and forestry.
underneath the EPBC Act, any proposed activity that may have an extensive effect on the surroundings ought to undergo an environmental assessment technique. This system evaluates the capacity influences of the interest at the environment and identifies any measures that can be taken to mitigate these affects.
The act additionally establishes a listing of threatened species and ecological communities, that are blanketed underneath the regulation. Any activity which can impact these species or communities have to go through a rigorous evaluation process to make certain that their conservation is not compromised. Similarly, the EPBC Act gives for the status quo of national parks and other protected regions, in addition to the protection of cultural background sites. additionally, it is provisions for the management of invasive species and the prevention of pollutants.
The Emissions Reduction Fund (ERF)
The Emissions Reduction Fund (ERF) is at the heart of Australia’s climate protection policy. It was founded in 2014 with the aim of providing incentives to businesses, farmers, and other organizations to reduce their greenhouse gas emissions. The ERF works through a reverse auction system, where the government buys emission reduction projects from the participant with the lowest cost per tonne of her CO2 equivalent. ERF has funded numerous projects, including tree planting, energy efficiency improvements, and waste management initiatives. As of June 2021, the ERF has contracted He 496 million tonnes at an average price of US$14.77 per tonne for emissions reductions. The government claims the ERF has successfully reduced emissions and met Australia’s international obligations under the Paris Agreement. However, critics have expressed concerns about the ERF’s effectiveness and transparency. Some argue that the program funded projects that would be implemented anyway, rather than pushing for additional emission reductions. Some have criticized the lack of accountability and oversight of emissions reductions under the ERF. Despite this criticism, the ERF remains a central part of Australia’s climate change policy. The government has pledged to allocate an additional US$2 billion to the ERF over the next decade as part of its plan to reach net zero emissions by 2050. But there is increasing pressure on governments to step up their ambition and take more decisive action on climate change.
Barriers to application of these laws
Despite these policies, there have been criticisms that Australia’s environmental policies are not strong enough, particularly regarding climate change. The country has been criticized for its reliance on coal as a source of energy and its slow transition to renewable energy sources. However, there are ongoing efforts to improve environmental policies in Australia, with a growing focus on sustainability and conservation.
There are several barriers that hinder the application of environmental laws in Australia. These include the following: –
Lack of resources: Environmental agencies may not have the resources to effectively enforce environmental laws.
Complexity: Environmental laws can be complex and difficult to understand, which can make it difficult for individuals and businesses to comply with them.
Political interference: Environmental laws can be subject to political interference, which can undermine their effectiveness.
Lack of public awareness: Many people may not be aware of their environmental responsibilities or the consequences of their actions.
In conclusion, there are several barriers that hinder the application of environmental laws in Australia. It is important that we work towards addressing these barriers to ensure that our environment is protected for future generations.
Despite being a wealthy country, environmental policies fail to be applied with complete effect in Australia, showing willingness is the root of application of these policies and not fund. According to the International Monetary Fund (IMF), Australia has the 13th highest GDP per capita in the world as of 2021. However, wealth does not necessarily translate into effective environmental protection. While Australia is considered to be a wealthy country, this does not necessarily mean that it is effectively protecting its environment.
Australia is considered to be a wealthy country. According to the International Monetary Fund (IMF), Australia has the 13th highest GDP per capita in the world as of 2021. However, wealth does not necessarily translate into effective environmental protection. In conclusion, while Australia is considered to be a wealthy country, this does not necessarily mean that it is effectively protecting its environment.
The Role of Fossil Fuels in Australia’s Climate Change Policies
Fossil fuels have played a significant role in Australia’s economy and energy production. But they also contribute significantly to greenhouse gas emissions, which are a major contributor to climate change. As a result, Australia has taken steps to reduce emissions and switch to cleaner energy sources. The Emission Reduction Fund (ERF) is a government program that provides financial incentives to businesses and organizations to reduce their emissions. The Renewable Energy Target (RET) aims to increase the share of renewable energy in Australia’s electricity generation mix. The purpose of the National Energy Guarantee (NEG) is to ensure a reliable and affordable energy supply while reducing emissions. The Carbon Pricing Mechanism (CPM) is a pre-priced carbon emission policy that was phased out in 2014. The Clean Energy Finance Corporation (CEFC) and the Australian Renewable Energy Authority (ARENA) provide funding and support for renewable energy projects.
The Climate Solutions Fund is the latest initiative to support projects aimed at reducing carbon emissions and carbon storage in the land sector. The National Carbon Offset Standard (NCOS) provides guidelines for companies and organizations to measure and offset their emissions. The National Greenhouse and Energy Reporting Scheme (NGER) requires large emitters to report their emissions. The Energy Efficiency Opportunities (EEO) program encourages companies to identify and implement energy efficiency measures. The Low Emission Technologies Statement (LETS) describes the government’s approach to the development and deployment of low emission technologies. National waste policies aim to reduce waste and increase recycling. The Product Control Act requires manufacturers and importers to be responsible for product disposal. The National Pollutant Inventory (NPI) provides information on pollutants emitted by industry. The National Clean Air Agreement aims to improve air quality by reducing emissions from various sources. The Water Efficiency Labelling and Standards (WELS) system sets the standard for water efficient products. The Great Barrier Reef 2050 Plan aims to protect and conserve the Great Barrier Reef. The National Land Management Program supports sustainable land management and conservation. The Biodiversity Conservation Strategy aims to protect and restore Australia’s biodiversity. The Murray-Darling Basin Plan aims to ensure the sustainable use of water resources in the basin. In summary, fossil fuels have played a vital role in the Australian economy, but the country has taken various measures to emissions and transition to cleaner energy sources. These policies include financial incentives, support for renewable energy, emissions reporting, and water and waste management standards. The government also has programs to protect and conserve natural resources such as the Great Barrier Reef and biodiversity.
Cases involving environmental protection policies of Australia
Carmichael Coal Mine Case[4]:
A planned Carmichael coal mine in Queensland faces legal challenges from environmental groups and traditional owners over concerns about its impact on the Great Barrier Reef, water resources and climate change. The lawsuit highlights the need to reconcile economic development with environmental considerations.
Adani Carmichael Mine Judicial Review[5]:
Approval of the Adani Carmichael coal mine project has been subject to judicial review. Environmental groups have expressed concern about groundwater resources and potential impacts on the climate. The lawsuit involved legal arguments related to environmental impact assessments and compliance with environmental laws.
Franklin Dam Case[6]
In the 1980s, there was a sensational incident involving Tasmania’s plans to dam the Franklin River. Environmental activists, backed by the Australian Conservation Foundation, successfully challenged the dam plan in the Australian High Court. The incident played a key role in shaping the country’s environmental and conservation policy.
Murray-Darling Basin Plan Legal Issues[7]:
The Murray-Darling Basin Plan, which aims to manage the region’s water resources, faces legal challenges from various stakeholders, including environmental groups and irrigation companies. These lawsuits raised concerns about water quotas, environmental flows, and compliance with legal obligations.
Great Barrier Reef litigation[8]:
There have been legal actions and challenges related to protecting the Great Barrier Reef. Environmental groups are seeking legal remedies to address concerns about water quality, climate change impacts and coral reef management.
Climate change is a major challenge for Australia, impacting many aspects of the country including biodiversity, the environment, and the economy. Protecting Australia’s unique biodiversity is becoming increasingly important as rising temperatures and extreme weather threaten ecosystems and species. Global warming will amplify these impacts, causing more frequent and severe heat waves, droughts, and other extreme weather events. Australia’s devastating bushfires highlight the direct impact climate change has on the country’s landscapes, wildlife, and communities. Rising sea temperatures and coral bleaching due to climate change have made conserving Australia’s famous reefs, such as the Great Barrier Reef, of paramount importance. Address these challenges, Australia has introduced environmental legislation such as the National Environmental Conservation and Biodiversity Conservation Act 1999 (EPBC Act) to regulate and protect its natural heritage. Additionally, the country introduced the Emission Reduction Fund (ERF), which provides incentives for emission reduction and greenhouse gas mitigation projects.
However, the role of fossil fuels in Australia’s energy sector remains a crucial factor in Australia’s climate change policy. Continued reliance on fossil fuels such as coal and natural gas poses challenges to meeting ambitious emission reduction targets and transitioning to cleaner energy sources. In summary, Australia faces a complex challenge of balancing biodiversity conservation, climate change mitigation and transitioning to a more sustainable and resilient future. Continued efforts are needed to strengthen environmental laws, promote renewable energy, reduce greenhouse gas emissions, and promote international cooperation to effectively combat climate change.
[1] Michael S. Common and Tony W. Norton, “Biodiversity: Its Conservation in Australia,” Ambio 21, no. 3 (May 1992).
[2] Kroon, F. J., Thorburn, P., Schaffelke, B., & Whitten, S. (2016). Towards protecting the Great Barrier Reef from land-based pollution. Global Change Biol., 22(6), 1985-2002.
[3] Environment Protection and Biodiversity Conservation Act 1999 (Act, E. P. B. C., Canberra: comlaw.gov.au, 1999).
[4] Cassotta, S., Cueva, V.P., and Raftopoulos, M. (2021). A Case Study of the Carmichael Coal Mine from the Perspectives of Climate Change Litigation and Socio-Economic Factors. Law Env’t & Dev. J., 17, 55.
[5] Reddy, P. M., & Rosencranz, A. (2018). Challenging the proposed Carmichael mine before the UN. Envtl. Pol’y & L., 48, 31.
[6] Sewell, W. R. (1989). Wilderness decision making and the role of environmental interest groups: A comparison of the Franklin dam, Tasmania and South Moresby, British Columbia cases. Nat. Resources J., 29, 147.
[7] Hart, B. T. (2016). The Australian Murray-Darling basin plan: challenges in its implementation (part 1). Int’l J. Water Resour. Dev., 32(6), 819-834.
[8] Hamman, E. (2015). Save the reef! Civic crowdfunding and public interest environmental litigation. QUT L. Rev., 15(1), 159-173.
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