Legal framework for biodiversity conservation in Australia and New Zealand: A comparative analysis

Document Type

Journal Article

Publication Title

Environmental and Planning Law Journal

Publisher

Thomson Reuters

School

School of Business and Law / Centre for People, Place and Planet

RAS ID

58314

Comments

Neil-Smith, R., & Naser, M. M. (2023). Legal framework for biodiversity conservation in Australia and New Zealand: A comparative analysis. Environmental and Planning Law Journal, 39(3), 254-275. https://search.informit.org/doi/10.3316/agispt.20230808092859

Abstract

Australia is one of the most biodiverse countries in the world and it is crucial that its biodiversity is sufficiently protected by law. This article argues that the current state of biodiversity protection in Australia’s environmental law framework, which is primarily the 'Environment Protection and Biodiversity Conservation Act 1999' (Cth) (EPBC Act), is insufficient and efforts to reform such inadequacies must be made to recast the balance more sustainably in favour of the environment. Further, the article recognises New Zealand as having a suitable environmental law framework, through the 'Resource Management Act 1991' (NZ) (RMA), for comparative analysis with Australia and providing a model for effective biodiversity protection. Before conducting a comparative analysis of biodiversity conservation framework between Australia and New Zealand, this article provides an overview of Australia’s national environmental law framework, specific to biodiversity protection, including a summary of the instrumental parts of the EPBC Act and a brief insight into its effectiveness. Then it provides a brief overview of New Zealand’s national environmental law framework, specific to biodiversity protection by including the important aspects of the RMA and providing an initial assessment of the merits of their laws relative to Australia. Finally, in conclusion, this article recommends significant amendments to the EPBC Act to protect biodiversity and prevent drastic and irreversible damage from occurring from continuing biodiversity loss.

Access Rights

subscription content

Link to Full Text

Share

 
COinS