Introduction

The EPA established in 1997 was set up with the cardinal aims of protecting and prolonging the environment for old ages to come, nevertheless it seems that this statute law has been forgotten about and pushed off. The ground why it has been forgotten and neglected is ill-defined, some say it’s for the benefit of Australia, a better economic Australia, but no affair what manner you interpret these sentiments it will stay a gross girl intervention of Australian statute law. The aims placed by the EPA are at that place for the safety and good being of the Environment apart from the aims non working, the simple fact is that they are neglecting to make the occupation which they were designed to make.

Economic Promotion

The Common jurisprudence has non provided much protection for the environment in the yesteryear and merely late authoritiess have started taking environmental issues earnestly, this disregard was brought approximately due to economic and industrial advancement. So in our current society people can natural presume that since we are so, progress that environmental Torahs setup to protect and continue as in the aims put frontward by the EPA of 1997, yet we still see the environmental Torahs being pushed aside for economical growing. In a recent instance, The Wandoan Coal Mine Case involved an expostulation to a major new open-cut coal mine proposed to run for 30 old ages in Queensland ( ) this is a clear illustration of the jurisprudence of which is put in topographic point to protect the environment is pushed aside for economical benefit. The Paradise Dam Case involved an application in the Federal Court for a declaration and an injunction to keep an alleged breach of a status of blessing under the EPBC Act for a big dike in Queensland ( ) another clear misdemeanor of the statute law put in topographic point to protect and continue alternatively its neglected for economical addition. This is merely a little lineation of some misdemeanors which have been made against the EPA, which highlights the fact that the aims put frontward by the EPA are non working.

Disregard for the Laws

The statute law is pretty black and white when mentioning to what is a misdemeanor and what a misdemeanor isn’t, nevertheless the authorities seems to happen ways to flex and self interpret the Torahs to accommodate them. This is neglect for the jurisprudence, that organic structure our society as a whole and every member no affair who they are must follow them.“Clive Palmer ‘s nickel refinery pumped toxic waste into Great Barrier Reef park”( ) one of many instances, the astonishing thing about this 1 was they allowed him to dump seven times before interfering and halting under the EPA Torahs. This shows how a adult male with money and power is able to flex the system in his favor he merely received a all right for 1.5 million but caused amendss which will take old ages to repair, if the EPA aims and guidelines where being followed decently this issues would hold ne’er accrued.

“The 2010 Great Barrier Reef oil spill occurred on 3 April 2010, when the Chinese majority coal bearer, MV Shen Neng 1 ran aground E of Rockhampton in Central Queensland, Australia” now this accident wasn’t necessary a mistake due to the EPA nevertheless the EPA failed to hold sufficient coverage of tracking over the great barrier reef for ships going through which stated “The Great Barrier Reef Vessel Traffic Service was non able to warn him due to limited coverage of the country by their systems.”( ) Point is if they followed the expostulation of protection, than proper coverage would be assumed.

These simple instances that show how people in our society disregard or environment and it by and large ends worse off than when it started taking to the thought that the EPA aims aren’t working.

General populace

The EPA wasn’t merely established to protect the environment from large companies and the authorities but besides from the general populace. When seting the act into pattern, all parties from the large to little must be enforced nevertheless in some instances the general populace are being pardoned for misdemeanors against the act due to the thought that the jurisprudence is merely enforced to large parties. A recent instance saw a little household contending the tribunals

Legislation

This Act is the Environment Protection Act 1997.

Objects

( 1 ) The peculiar objects of this Act are—

( a ) to protect and heighten the quality of the environment ; and

( B ) to forestall environmental debasement and inauspicious hazards to

human wellness and the wellness of ecosystems by advancing

pollution bar, clean production engineering, reuse and

recycling of stuffs and waste minimization plans ; and

( degree Celsius ) to necessitate people prosecuting in fouling activities to do

progressive environmental betterments, including decreases

of pollution at the beginning as such betterments become

practical through technological and economic development ;

and

( vitamin D ) to accomplish effectual integrating of environmental, economic

and societal considerations in decision-making procedures ; and

( vitamin E ) to advance the construct of a shared duty for the

environment by admiting environmental demands in

economic and societal decision-making ; and

( degree Fahrenheit ) to advance the construct of a shared duty for the

environment through public instruction about and public

engagement in determinations about protection, Restoration and

sweetening of the environment ; and

( g ) to advance the rules of ecologically sustainable

development ; and

( H ) to modulate, cut down or extinguish the discharge of pollutants and

risky substances into the air, land or H2O consistent with

keeping environmental quality ; and

( I ) to apportion the costs of environmental protection and

Restoration equitably and in a manner that encourages responsible

usage of, and reduces injury to, the environment with defilers

bearing the appropriate portion of the costs that arise from their

activities ; and

( J ) to ease the execution of national environment

protection steps under national strategy Torahs ; and

( K ) to supply for the monitoring and coverage of the

environmental quality on a regular footing in concurrence with

the commissioner for sustainability and the environment ; and

( cubic decimeter ) to command the coevals, storage, aggregation, transit,

intervention and disposal of waste with a position to reduction,

minimising and, where practical, extinguishing injury to the

environment ; and

( m ) to follow a precautional attack when measuring

environmental hazard to guarantee that all facets of environmental

quality, including ecosystem sustainability and unity and

good usage of the environment, are considered in assessing,

and doing determinations in relation to, the environment ; and

( N ) to guarantee that contaminated land is managed holding respect to

human wellness and the environment ; and

( O ) to organize all activities as are necessary to protect, reconstruct or

better the ACT environment ; and

( P ) to set up a procedure for look intoing and, where appropriate,

rectifying land countries where taint is doing or is

probably to cause—

  1. a important hazard of injury to human wellness ; or

( two ) a important hazard of material environmental injury or

serious environmental injury ;

and this Act must be construed and administered consequently.

( 2 ) For subdivision ( 1 ) ( g ) , ecologically sustainable development agencies

the effectual integrating of economic and environmental

considerations in decision-making procedures and to be accomplishable

through execution of the undermentioned rules:

( a ) the precautional rule, viz. , that if there is a menace of

serious or irreversible environmental harm, a deficiency of full

scientific certainty should non be used as a ground for

proroguing steps to forestall environmental debasement ;

( B ) the inter-generational rule, viz. , that the present

coevals should guarantee that the wellness, diverseness and

productiveness of the environment is maintained or enhanced for

the benefit of future coevalss ;

( degree Celsius ) preservation of biological diverseness and ecological unity ;

( vitamin D ) improved rating and pricing of environmental resources.

( 3 ) In this subdivision:

national strategy Torahs means—

( a ) the National Environment Protection Council Act 1994

( Cwlth ) ; and

( B ) the National Environment Protection Council Act 1994

Case Studies

High Court of Australia

The Tasmanian Dam Case is the most celebrated and influential environmental jurisprudence instance in Australian history. In it, the Commonwealth Government succeeded in halting a big hydro-electric dike proposed to be constructed in the Tasmanian Wilderness World Heritage Area.

Federal Court of Australia

The Flying Fox Case involved an application for an injunction to keep the violent death of 1000s of winging foxes. The instance was heard in the Federal Court in 2000-2001 and was the first trial of the Environment Protection and Biodiversity Conservation Act 1999 ( Cth ) ( “ EPBC Act “ ) .

The Nathan Dam Case involved a judicial reappraisal application and an entreaty against a determination affecting a proposed big dike in cardinal Queensland. The instance was heard in the Federal Court. It was a major trial instance for environmental impact appraisal under the EPBC Act and established that direct and indirect impacts of an action are relevant when measuring the impacts of actions under the Act.

The Greentree Case involved an of import test and entreaty in the Federal Court of Australia to keep husbandmans in northern NSW from conflicting the EPBC Act by uncluttering and plowing 100 hour angle of a Ramsar Wetland in readying for seting a wheat harvest.

The Nipponese Whaling Case involved an application for a declaration and an injunction in the Federal Court under the EPBC Act to keep Nipponese whaling in the Australian Whale Sanctuary adjacent to Antarctica.

The Wildlife Whitsunday Case involved a judicial reappraisal application in the Federal Court against determinations under the EPBC Act affecting the nursery gas emanations from two big coal mines in Queensland.

The Anvil Hill Case involved a judicial reappraisal application in the Federal Court against a determination under the EPBC Act refering nursery gas emanations from a big coal mine in New South Wales, known as the Anvil Hill Project.

The Waratah Coal Case involved judicial reappraisal proceedings in the Federal Court undertaken in 2008 by Waratah Coal Inc against a refusal of a $ 5.3 billion coal mine, railroad and port by the Federal Environment Minister.

The Paradise Dam Case involved an application in the Federal Court for a declaration and an injunction to keep an alleged breach of a status of blessing under the EPBC Act for a big dike in Queensland.

The Lamattina Case involved a civil prosecution in the Federal Court of a South Australian husbandman for uncluttering 170 eucalyptus trees, thereby doing a important impact on a threatened species contrary to segment 18 of the EPBC Act.

Alec Finlayson Pty Ltd v Armidale City Council involved judicial proceeding for carelessness against a NSW local authorities for O.K.ing a residential development on contaminated land.

The Volga Cases involved two related proceedings refering the apprehension of the Russian-flagged longline fishing vas, Volga, which was apprehended by the Australian Navy for illicitly angling for Patagonian Toothfish in the Australian Fishing Zone ( AFZ ) adjacent to Heard and McDonald Islands, remote and uninhabited islands 4000 kilometer sou’-west of Perth.

Queensland Planning and Environment Court

The Pelican Links Cases involved a series of instances in the Planning and Environment Court, Magistrates Court, District Court and Court of Appeal affecting preemptive glade and a planning entreaty for a big residential development near Caloundra in South-East Queensland.

The Tornabene entreaty is a instance survey of a everyday and typical development application and subsequent entreaty under Queensland ‘s planning Torahs.

The Cassowary Case involved an entreaty in the Planning and Environment Court under the Integrated Planning Act 1997 ( Qld ) refering the impacts of a proposed rural residential subdivision on cassowary home ground.

The Donnybrook Sand Mine Case involved an entreaty in the Planning and Environment Court about a big sand mine adjacent to a Ramsar Wetland.

The Frippery Case involved an application under the Nature Conservation Act 1992 ( Qld ) to keep the burning of flying-foxes. Two tests were heard in the Planning and Environment Court and two entreaties were made to the Queensland Court of Appeal.

The Yardley Case involved another application under the Nature Conservation Act 1992 ( Qld ) in the Planning and Environment Court to keep the burning of flying-foxes.

The Plumb ‘s Chambers Case involved an entreaty in the Planning and Environment Court against destruction of two cultural heritage listed edifices at Warwick.

Queensland Land and Resources Tribunal

The Newlands Coal Mine Case involved an expostulation in the Queensland Land and Resources Tribunal ( LRT ) against the nursery gas emanations from the excavation, conveyance and usage of coal from the enlargement of a big unfastened cut coal mine in Queensland.

The Sonoma Coal Mine Case involved an expostulation in the LRT against the greenhoues emanations from the excavation, conveyance and usage of coal from a big unfastened cut coal mine in Queensland.

Land Court of Queensland

The Khyber Case involved an entreaty to the Land Court of Queensland by a landowner against refusal of a tree glade license under the Land Act 1994 ( Qld ) for a pastoral belongings known as “ Khyber ” . Applications for broadscale glade such as involved in this entreaty are no longer possible due to the phase-out of broadscale land glade in Queensland in 2006. This instance survey is provided to explicate and exemplify the operation of the constructs involved in Queensland ‘s flora direction system in pattern.

The Wandoan Coal Mine Case involved an expostulation to a major new open-cut coal mine proposed to run for 30 old ages in Queensland and produce 1.3 billion metric tons of nursery gases.

District Court of Queensland

R V Dempsey involved an application for leave to appeal to the Queensland Court of Appeal against a sentence imposed by the District Court of Queensland for illegal logging in the Wet Tropics World Heritage Area. The determination in the entreaty stated of import rules for condemning of serious environmental offenses done for commercial addition.

R V Boyle involved a prosecution and sentencing of a serious environmental offense in the District Court of Queensland. The facts involved glade of a big swath of a national park by a grazier to let easiness of motion of his cowss between paddocks.

Magistrates Court of Queensland

Broughton V Nguyen involved a drumhead condemnable prosecution in the Magistrates Court of Queensland for piscaries offenses ensuing in a $ 30,000 mulct.

NSW Land and Environment Court

The Hudson Case involved a condemnable prosecution in the NSW Land and Environment Court for illegal glade of native flora on a grazing belongings known as “ Yarrol ” near Moree. The accused, Mr Hudson was convicted and fined $ 408,000, plus costs.

NSW Local Court

EPA V Feodoroff involved a drumhead condemnable prosecution and condemning for a comparatively minor environmental offense in the NSW Local Court at Ballina. The instance besides involved a difference on costs.

Victorian Supreme Court

Brown Mountain Logging Case involved a proceeding in the Victorian Supreme Court to keep logging at Brown Mountain in East Gippsland.

Victorian Civil & A ; Administrative Tribunal

The Hazelwood Power Station Case involved a judicial reappraisal proceeding in the Victorian Civil & A ; Administrative Tribunal disputing the failure to see nursery gas emanations when O.K.ing enlargement of a coal mine to provide the Hazelwood Power Station. It was one of the first clime alteration instances in Australia.

International Tribunal for the Law of the Sea ( ITLOS )

The Volga Cases involved two related proceedings, one in the Federal Court of Australia and the other in the International Tribunal for the Law of the Sea. The instances concerned the apprehension of the Russian-flagged longline fishing vas, Volga, which was apprehended by the Australian Navy for illicitly angling for Patagonian Toothfish in the Australian Fishing Zone ( AFZ ) adjacent to Heard and McDonald Islands, remote and uninhabited islands 4000 kilometer sou’-west of Perth.