Table of Contents



Senate Environment, Communications, Information Technology and the Arts Committees

Commonwealth Environment Powers

Table of Contents

Membership of the Committee 39th Parliament

Membership of the Committee 38th Parliament/Secretariat

Terms of Reference

Executive Summary

Recommendations

Chapter One

    INTRODUCTION

    Reference to the Committee and Conduct of the Inquiry

Chapter Two

    COMMONWEALTH POWERS RELATION TO ENVIRONMENT PROTECTION

    AND ECOLOGICALLY SUSTAINABLE DEVELOPMENT

    The nature of Commonweatlh powers under the Australian Constitution

    Th Constitution of the Commonwealth environment powers generally

    Lingerring Constitutional uncertainty

Chapter Three

    USING COMMONWEALTH ENVIRONMENT POWERS UNDERLYING CONCERNS

    Support for greater Commonweatlh involvement

    Cooperative federalism

    General summary of submissions

    Issues underlying the Inquiry

Chapter Four

    IMPLEMENTING AUSTRALIA'S INTERNATIONAL OBLIGATIONS

    National and International Obligations

    Implementing the World Heritage Convention

    Fear of Devolution of Commonwealth powers

    A role for State Governments in World Heritage Protection

    Case Study: The Blue Mountains

    `Multiple use' in World Heritage Areas

    Implementing the Ramsar Convention

    Point Lillias

Chapter Five

    ENVIRONMENTAL IMPACT ASSESSMENT

    Objectives of the Environment Protection (Imapct of Proposals) Act 1974

    National environment impact assessment requirements and standards

    `Trigger'mechanisms and the EIA process

    State and local government involvement

    Consultation and Community participation

Chapter Six

    COMMONWEALTH ENVIRONMENT POWERS AND AUSTRALIAN FEDERALISM 73

    Ecological issues across borders

    The Inter-Governmental Agreement on the Environment (IGAE)

    The IGAE in practice

    The IGAE and Environmental Impact Assessment

    Developments since the IGAE

    An express Constitutional environment power

Chapter Seven

    CONCLUSION

Appendix 1

    List of Submissions

Appendix 2

    Individuals who appeared before the Committee at Public Hearings

Appendix 3

    Documents Tabled and Authorised to be published

Appendix 4

    Additional Information

ALP Senators' Report

Government Senators Report