Climate Law in Australia

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Tim Bonyhady, Peter Christoff
Federation Press, 2007 - Law - 315 pages
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Climate Law in Australia provides the first extended account of Australia’s new climate law. It examines key federal and state legislation and the main cases brought before Australian courts. It combines incisive legal analysis with a deep understanding of climate-related issues and policy. The authors include leading academics such as Professors Robyn Eckersley, David Farrier, Rob Fowler and Jan McDonald, and leading practitioners such as Charles Berger, Kirsty Ruddock, Chris McGrath, Allison Warburton and Martijn Wilder. The editors are Professor Tim Bonyhady, Director of the Australian Centre for Environmental Law at the Australian National University, and Dr Peter Christoff of the University of Melbourne and Vice President of the Australian Conservation Foundation. The book examines pivotal issues in Australian climate law and policy – the Kyoto Protocol and its alternatives, emissions targets, carbon trading, geosequestration, nuclear decision-making, adaptation to climate change and legal liability. It contains detailed analysis of the leading cases involving the Hazelwood power station, the Anvil Hill, Xstrata and Bowen Basin coal mines, and the Bald Hills and Taralga wind farms. Climate Law in Australia explores both the need for conventional legal regulation and the potential of economic responses to climate change. It shows how climate law has grown in Australia - and how far the law still has to go.
  

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...The most engaging parts of the book are the case analyses. From wind farms to coal mines, all the significant climate change cases are covered...A comprehensive set of references provides further reading around all the topics discussed, and while the book is not really a reference volume, the index appears accurate and sufficient. Every chapter is rigorously researched and contains thoughtful analysis and potential solutions that would be useful for any policy maker involved in climate change. ...overall an informed and interesting collection of chapters. If you need to quickly get across the major climate change cases, possible climate change mitigation strategies, as well as the current (to mid 2007) state of the legal framework surrounding climate change, this this would be an extremely useful book.
Australian Law Librarian, Vol 16 No 2, 2008
Sharply written by acknowledged experts in practice and academia, Climate Law in Australiais an excellent introduction to this burgeoning field emerging from environmental law with a purely Australian perpective. ...this book shows there is a path forward to galvanise action to learn and remedy earlier mistakes.
Law Institute Journal of Victoria, June 2008
This comprehensive text examines, through the work of various authors, key federal and State legislation and the main cases brought before Australian courts... Climate Law in Australia is a thoroughly readable text which provides not only a history of the legislation and cases to date but which also argues that Australia still has a very long way to go in response to climate change.
Victorian Bar News, Winter 2008
Not only has the collection made the point, effectively, that “climate law” is an organising principle whose time has arrived. It also provides an excellent primer for practitioners, students, and educators who wish to obtain a basic mastery of the new topic. Hopefully, further seminars and other fora will not only update the essays as further legal developments take place [but also] build on the excellent analysis provided by this publication.
Stephen Keim SC, Hearsay, No 24, February 2008
Although there has been a major shift in government policy in the short time since the book was written, it is likely to maintain its currency, particularly due to the useful historical background it provides and the insights into cases that may form the basis for future legal precedent. Students and practitioners seeking an introduction into the various emerging issues in climate law in Australia will find the book informative and accessbile.
Asia Pacific Journal of Environmental Law, Vol 11 Issues 1 & 2
...it provides an excellent primer for practitioners , students and educators who wish to obtain a basic mastery of the new topic...
Stephen Keim SC, (2008) 25 EPLJ, 147
Climate Law in Australia is a book that pulls together much of the policy, legislation and case law across jurisdictions in Australia. It provides context to the many developments in climate change policy and law emerging from governments. For local governments that may be impacted by a national emissions trading scheme, it explores the legal considerations of emissions reporting and trading. Local government itself must adapt to climate change impacts and plan for their communities. However, there are liability risks both from taking action and inaction, as explained in this book. As a consent authority, local government needs to consider the way state and Commonwealth legislation is being interpreted in the courts.
Local Government Reporter, Vol 6(7) April 2008
 

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Contents

Chapter 5
33
Legal considerations
67
Chapter 6
82
Emissions reduction targets legislation
103
Chapter 8
124
Chapter 9
142
A new lease on life for a greenhouse dinosaur
161
Anvil Hill in
189
Pyhrric victory or harbinger?
214
Chapter 14
230
Chapter 15
256
Chapter 16
277
References
293
Table of Statutes
308
Copyright

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About the author (2007)

Tim Bonyhady is an environmental lawyer. He is the author of Images in Opposition, Burke and Wills, and Places Worth Keeping.

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