4 ms·
Where do you exactly see the overreach? I'm reading the ruling and I see there only interpretation of the Australian law. Things like: 150 The objects of
by Isinlor 5y ago
Where do you exactly see the overreach?
I'm reading the ruling and I see there only interpretation of the Australian law.
Things like:
150 The objects of the EPBC Act include providing for the protection of the environment, especially those aspects of the environment that are matters of “national environmental significance”: s 3(1)(a). Section 3(1)(b) states that a further object is the promotion of “ecologically sustainable development” through the conservation and “ecologically sustainable use” of natural resources. Each of those terms used in s 3(1)(b) is defined. Section 528 provides the meaning of “ecologically sustained use” as the “use of the natural resources within their capacity to sustain natural processes while maintaining the life-support systems of nature and ensuring that the benefit of the use to the present generation does not diminish the potential to meet the needs and aspirations of future generations”. The principles of “ecologically sustainable development” are given meaning by s 3A which provides:
Principles of ecologically sustainable development
The following principles are principles of ecologically sustainable development:
(a) decision-making processes should effectively integrate both long-term and short-term economic, environmental, social and equitable considerations;
(b) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;
(c) the principle of inter-generational equity—that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;
(d) the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision-making;
(e) improved valuation, pricing and incentive mechanisms should be promoted.