Prest (2000) The Implementation and Enforcement of Environmental Laws Applying to the Forestry Industry Operating on Privately Owned Land in Two Australian Jurisdictions

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The Implementation and Enforcement of Environmental Laws Applying to the Forestry Industry Operating on Privately Owned Land in Two Australian Jurisdictions

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CONTRIBUTORS:

Author:

Prest, James (Australian National University)

CONFERENCE TITLE:

1st International Congress on Conservation and Private Natural Reserves, (hosted by the Private Natural Reserves Costa Rican Network and the Natural Resources and Environmental Law Center - El Centro de Derecho Ambiental y de los Recursos Naturales (CEDARENA)), Melia Corobici Hotel, San José, Costa Rica, 14th, 15th and 16th of June, 2000

CONF. LOCATION:

None

YEAR:

2000

PUB TYPE:

Conference Paper

SUBJECT(S):

biodiversity conservation law, private property rights, forestry regulation, Australia, NSW, Tasmania

DISCIPLINE:

Law

HTTP:

http://www.cedarena.org/

LANGUAGE:

English

PUB ID:

103-396-301 (Last edited on 2003/11/06 00:36:01 US/Mountain)

SPONSOR(S):

ABSTRACT:
There is a pressing need to improve measures for biodiversity conservation on private land in Australia. In particular, there is a need to prevent habitat destruction, which is the main cause of biodiversity decline. This paper examines the implementation of environmental laws applying to private land forestry operations in two Australian jurisdictions: NSW and Tasmania. The question posed is: “is the present legal framework for regulating the environmental impacts of private land forestry adequate, and is the existing framework adequately implemented and enforced ?” The issue of private native forestry is important because private forests are home to much threatened biodiversity, make up a significant proportion of the total area of native forests, as well as a sizeable contribution to total wood production. The research findings to date are that the regulatory framework applied in NSW is highly fragmented and complex, with responsibility for administration spread between too many agencies. The NSW framework is definitely inadequate to ensure ecologically sustainable forest management (‘ESFM’). The same applies to the Tasmanian framework, which, while more uniform and subject to fewer exceptions, does not amount to a Code for ecological management of forests. This research paper has broader implications for regulatory policy and theory, and for the design of a policy and regulatory framework which can ensure ESFM on private land.

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