Integrated Natural Resource Management in Australia a gap

Integrated Natural Resource Management in Australia: a gap between theory and practice? Justine Bell TC Beirne School of Law: First in Law

OUTLINE • Concepts of ESD and Integration • Translation into Australian policy • Fragmented approach to natural resource management in Australia • Problems with this approach • Models and suggestions for reform TC Beirne School of Law: First in Law

THE CONCEPT OF ESD • Ecologically sustainable development (“ESD”) – driving force behind international environmental policy • 1972 Stockholm Declaration Integration – central to ESD 1987 Brundtland Report TC Beirne School of Law: First in Law 1992 Agenda 21 2000 Commission on Sustainable Development Decisions 2002 Johannesburg Declaration

THE CONCEPT OF INTEGRATION Integration Procedural Integration -Stockholm Declaration (1972) -Brundtland Report (1987) TC Beirne School of Law: First in Law Resource Integration -Agenda 21 (1992) -CSD Decisions (2000) Johannesburg Declaration (2002)

ESD and Integration in Australian policy • Intergovernmental Agreement on the Environment 1992 • National Strategy for ESD 1992 Both place emphasis on procedural integration TC Beirne School of Law: First in Law

ESD and Integration in domestic law • Procedural integration has become a feature of domestic environmental laws o Eg. Environmental Protection Act 1994 (Qld) – the object is to ‘allow for development. . . that maintains the ecological processes upon which life depends' o Most environmental statutes attempt to strike a balance between economic development and environmental protection • Resource integration has not been adopted TC Beirne School of Law: First in Law

The lack of resource integration in Australia is a barrier to ESD • The fragmented state of resource management is a barrier to ESD as landholders cannot easily ascertain what restrictions affect their land • It has also led to a decrease in security of landholding • Wall v Doyle & Anor [2008] QPEC 23 TC Beirne School of Law: First in Law

Wall v Doyle & Anor [2008] QPEC 23 Vegetation Management Act 1997 Nature Conservation Act 1992 (administered by Department of Natural Resources and Water) (administered by Environmental Protection Agency) Clearing WAS permitted TC Beirne School of Law: First in Law Clearing was NOT permitted

New approaches to integration in Australia • No Australian jurisdiction has enacted integrated legislation (cf New Zealand – Resource Management Act 1991) • Focus has instead been on integrated information management systems • Best example – Western Australia’s ‘Shared Land Information Platform’ (“SLIP”) • Other models – land title register TC Beirne School of Law: First in Law

Western Australia • Shared Land Information Platform (“SLIP”) • Operational since 2007 • Draws together information from government departments TC Beirne School of Law: First in Law

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Queensland • ‘Administrative advices’ recorded on the land title register • Only permitted where authorised by legislation TC Beirne School of Law: First in Law

Problems with Australian approaches Western Australia • Not linked to land titles • Not comprehensive • Disclaimers and limited liability Queensland • Not comprehensive • Limited liability TC Beirne School of Law: First in Law

Options for reform? • Integrated legislation? • Integrated information management? TC Beirne School of Law: First in Law

Conclusion • Integration is essential to ESD – this includes procedural and resource integration • To date resource integration is not occurring on a uniform in Australia, although some jurisdictions are moving this way • Integrated information systems could assist TC Beirne School of Law: First in Law