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Osgoode Hall Law Journal

Authors

Ben Boer

Document Type

Special Issue Article

Abstract

This article outlines the development of environmental and resource law in Australia and explores its constitutional and political setting. The need for a national approach to the environment within the context of Australia as a federally organized country is recognized, particularly with regard to Australia's international obligations and the fact that environmental issues span state, territory, and/or national boundaries. It is argued that, to date, federal action with respect to the environment does not satisfactorily demonstrate the emergence of a national environmental strategy. However, the recent Intergovernmental Agreement on the Environment, signed by the state and federal governments in 1992, and the development of ecologically sustainable strategies for Australia are acknowledged for their potential to overcome the federal-state conflicts, which have inhibited an adequate national approach.

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