RESPONSIBILITY TOWARDS ENVIRONMENT BY COMMONWEALTH

The Commonwealth Constitution sets out the responsibilities of the Commonwealth and State Governments. Included in the Constitution are lists of exclusive and concurrent powers [see ss 51 and 52]. Where there is no specific mention in the Constitution of a particular power, then the matter is generally regarded as a State responsibility.

When the Constitution was drafted in the 1890s, the environment was not regarded as a particular issue of national importance. Accordingly, there is no specific mention of “conservation” or “the environment” in the list of Commonwealth powers. This means that matters such as air and water quality or resource exploitation are left for the States to regulate.

Whilst the States may have primary responsibility for the environment, the Commonwealth still has significant powers which can be used to make laws about the environment. For example, the Commonwealth has responsibility for foreign affairs and international treaties and this can be used to pass laws to give effect to international treaties Australia has signed.

In some areas, Commonwealth and State powers and operations overlap, resulting in both State and Commonwealth legislation on the same subject matter. In the event of such a conflict, the Commonwealth laws prevail.

Under the Constitution, the Commonwealth is directly responsible for Commonwealth land, the management of Australia’s external territories and the coastal seas outside the State three-mile limit, (but within the 200km “exclusive economic zone”).

Increasingly, Commonwealth and State governments are trying to co-operate to avoid duplication in environmental assessment or regulation. For example, where both State and Commonwealth legislation require an Environmental Impact Statement, then a single process would normally be followed to satisfy both sets of laws.

Commonwealth laws are administered by a number of regulatory authorities. In most cases the Department of Agriculture, Water and Environment is the relevant authority.

To find out which particular part of the Department of Agriculture, Water and Environment is responsible for administering Commonwealth environmental law, telephone the Department on free call 1800 803 772 or visit the Department of Agriculture, Water and Environment website (link opens new window).

The main Commonwealth legislation dealing with the environment is the Environment Protection and Biodiversity Conservation Act 1999 (Cth). This Act is covered in a separate part of this chapter.

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.