The Progress of the Australian Environmental Law - Term Paper Example

«The Progress of the Australian Environmental Law» Outline: I Introduction II Discussion - Existing Australian Laws and Implementing / Regulatory Agencies - The Kyoto Protocol - Impact of Regulation on the Natural Environment of Australia - Government Actions and Environment Policy Progress III Conclusion The Progress of the Australian Environmental Law Introduction The recent environmental turmoil that made nations helpless has also made the same nations scramble to do what else could be done. From national to international efforts, governments made themselves accountable to protecting as well as preserving the environment but the system has been passed on as private industry duties and later on, individual duties. The government agencies remained the messengers of environmental laws and policies as they implement a compliance-based approach towards preserving the natural environment. International conventions have led to several agreements between nations to reduce their carbon footprints in order to decrease the impact of human activity on the environment. Australia on its part has been seen by Bates and environment observers to have been “marking time” mainly due to the delay of ratifying the Kyoto Protocol. This paper will proceed to discuss the progress of environmental law in Australia. Discussion Existing Australian Laws and Implementing / Regulatory Agencies As early as the 1950s, Australia has already passed its first environmental law seen as “anthropocentric” (Chow and Soh, 2009, p 1999). It was the Wildlife Conservation Act that aimed to protect indigenous Australian animals or periodic migrants (Bates, 1992. There exists Commonwealth laws, Australian Capital Territory acts, New South Wales legislations, Northern Territory laws, Queensland, South Australia, Victoria, Western Australia, and Tasmanian laws for the environment. After 2006, the Victorian Renewable Energy Act 2006 and the National Greenhouse and Energy Reporting Act 2007 (WebLaw, 2010) were passed. For the Commonwealth government alone, several laws passed were as follows: Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) an Act to preserve and protect places, areas and objects of particular significance to Aboriginals; Antarctic Marine Living Resources Conservation Act 1981 (Cth) relating to the conservation of marine living resources of the Antarctic and its surrounding seas; Antarctic Treaty (Environment Protection) Act 1980 (Cth) relating to the protection and conservation of the environment in the Antarctic; Australian Heritage Council Act 2003 (Cth) establishing the Australian Heritage Council; Environment Protection (Sea Dumping) Act 1981 (Cth) regulating the dumping into the sea, and the incineration at sea, of certain wastes and other matter and the dumping into the sea of certain other objects and by prohibiting the dumping into the sea; Environment Protection and Biodiversity Conservation Act 1999 (Cth) relating the conservation of biodiversity; Great Barrier Reef Marine Park Act 1975 (Cth) establishing a Great Barrier Reef Marine Park; Hazardous Waste (Regulation of Exports and Imports) Act 1989 (Cth) regulating the export, import and transit of hazardous waste; National Environment Protection Council Act 1994 (Cth) establishing National Environment Protection Council; National Greenhouse and Energy Reporting Act 2007 (Cth) for the reporting and dissemination of information related to greenhouse gas emissions, greenhouse gas projects, energy production and energy consumption; Natural Heritage Trust of Australia Act 1997 (Cth) establishing the Natural Heritage Trust of Australia Account; Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) to provide for measures to protect atmospheric ozone; Protection of Movable Cultural Heritage Act 1986 (Cth) to protect Australia's heritage of movable cultural objects, to support the protection by foreign countries of their heritage of movable cultural objects; Sea Installations Act 1987 (Cth) An Act relating to certain installations in the sea; and Wet Tropics of Queensland and World Heritage Area Conservation Act 1994 (Cth) for the conservation of the Wet Tropics of Queensland World Heritage Area (WebLaw, 2010). The Australian Capital Territory passed the Commissioner for the Environment Act 1993 (ACT) establishing the office of the Commissioner for the Environment; Electricity (Greenhouse Gas Emissions) Act 2004 (ACT) establishing greenhouse gas benchmarks for the electricity industry and to encourage activities relating to the reduction of greenhouse gas emissions; Environment Protection Act 1997 (ACT) providing for the protection of the environment; Land (Planning and Environment) Act 1991 (ACT) relating to the use of land in the Territory; National Environment Protection Council Act 1994 (ACT) establishing a national environment protection council; Nature Conservation Act 1980 (ACT) for the protection and conservation of native animals and native plants, and for the reservation of areas for those purposes. (Other laws are enumerated under Appendix). Abbot (2005) observed that Australia has command and control systems that implement environmental standards through licenses or permits. Business licenses to operate as directly linked with their environment compliance so that violations may render the revocation or suspension of their license. T the same time, the regulating agencies may file court cases against perceived violators, mostly industries, to deter offences. So far, the agencies were able to implement compliance-based approach with criminal prosecution as the last resort. It has been noted that the United States plays a key role in the legislation of environmental laws in Australia such as the case for National Environmental Policy Act or the NEPA (Trenorden, 1994). It preceded the Environmental Protection Act of 1986 called the WA Act or EP Act. Environmental cases as compared to other disputes are considered for their public interest factor that involves pollution potential, contamination issues and design. It is also noted that government has the duty to protect the environment for the public as a whole. Kyoto Protocol The ratification of the Kyoto Protocol has been considered a benchmark in a country’s commitment towards the environment. On the part of Australia, while it signed the agreement on April 29, 1998 (UNFCCC, 2006), it is only one of the two major countries which has failed to ratify it, the United States being the other one. The Kyoto Protocol is the treaty agreed upon by the United Nations members as set by the United Nations Framework Convention on Climate Change (UNFCCC) as a response to global warming. The agreement set a standard reduction of greenhouse gasses for member countries in order to prevent dangerous anthropogenic interference. The Protocol called on industrialized countries to a commitment to lessen the greenhouse gases carbon dioxide, methane, nitrous oxide, sulphur hexafluoride, as well as lessen production of hydrofluorocarbons and perfluorocarbons (UNFCC, 2006). The Protocol provided allowable mechanisms for industrialised countries to buffer their greenhouse gases emission limitation through trading and other flexible terms. These had been heavily criticised. Impact of Regulation on the Natural Environment of Australia In order to fully asses the progress of environmental law, it is necessary to point out immediate environmental issues in Australia. Way back in 1999, many of these already include soil erosion caused by overgrazing, industrial development, urbanisation and abusive farming practices; increased soil salinity caused by depletion of fresh water resources, clearing of land; desertification; depletion of biological diversity caused by natural vegetation clearing for agricultural or industrial purposes; destruction of the World Heritage Great barrier Reef near the northeast coast caused by increased shipping activities and tourism; depletion of natural fresh water resources (Leedbetter et al, 1999). On the other hand, general environmental problems include “pollution, depletion of the ozone layer, climate change, conservation of biological diversity and management and conservation of coastal areas,” (Anton, 2008, p 3). Government Actions and Environment Policy Progress Abbot (2005) proposed that business as usual (BAU) has been a stumbling block in Australian legislation for the environment. Australia failed to ratify its commitment for the Kyoto Protocol for being the world’s largest exporter of coal, and other economic reasons. The court’s role on environment law is activated through the Section 67AC(2)(c) of the EPA 1970 and section 250(1)(c) of the PEO Act 1997. The court can impose an “environmental service order” on offenders. The offenders are required to carry out a specified project for the restoration or enhancement of the environment in a public place of for the public’s good. The advantage of this is that it, “…is not so much a monetary penalty but the possibility of making orders that have the effect of enhancing the environment and encouraging its protection, and the avoidance of its degradation,” (Justice Pearlman in the Land and Environment Court NSW as quoted by Abbot, 2005, p 176). Adverse publicity orders have been endorsed to inform the community that offenders are doing their duty not only as a publicity stunt but as a penalty for environmental offence (Abbot, 2005). The court is also empowered by the EPA 1970 and the PEO Act 1997 to sentence environmental offenders, impose environmental audit order which exceeds regulator roles as the court can extend audit to activities not directly connected with the offensive act. This is to deter any other violation that a company may have committed aside from the original offence. “By requiring the company to audit some or all of its sites, it is hoped that any potential violations will be identified the style approach of a leader as and corrected before harm is done,” (Abbot, 2005, 178). Abbot concluded that there is a need for effective and efficient enforcement of environmental regulation to minimise environmental risks. Abbot saw that industries fail to meet due to lack of ability or downright unwillingness as regulators coax and fail to instigate criminal proceedings for violators or offenders. The study also found that regulators have, “a broader spectrum of administrative powers and that the Australian courts have a wider range of sentencing options consequent to a finding of guilt in the criminal courts,” (p 180). Role of nation state has been shifting when it came to issues about the environment. New governance has been seen to recognize the need for participatory dialogue and deliberation, devolved decision-making, flexibility, inclusiveness, transparency, institutionalized consensus-building practices, and heterarchy (Gunningham, 2009). This approach redefines policy-making and legislation for the environment even in Australia. New governance is described as responsive, legitimate and more effective than traditional approaches because local issues are addressed at the local level. Gunningham (2009) cited three Australian attempts at environmental governance that involves: Environment Improvement Plans, Neighbourhood Environmental Improvement Plans (NEIP), and Regional Natural Resource Management (NRM) (Gunningham, 2009). The Environment Improvement Plans emerged from the 1970s regulatory agencies involved in command-and-control regulation of large point-source polluters. This evolved towards neo-liberalism delegating direct state intervention to various methods of deregulation, privatization, voluntarism, outsourcing, and market mechanisms (Gunningham and Grabosky, 1998). The movement deteriorated by the 1990s described as, “regulatory agencies were by and large contracting, and environmental policy became increasingly characterized by a preference for voluntary and negotiated agreements and environmental partnerships […] which sought less intrusiveness in the affairs of industry, greater efficiency, and greater industry self-regulation,” (Cunningham, 2009, p 148). In Australia, the state of Victoria introduced the Environment Improvement Plan or EIP designed to reduce pollution emissions from major industrial sites. The EIP introduced a systematic and collaborative approach to control pollution that influenced management practices and involved disclosure of information and consultation with local communities by regulators (Cunningham, 2009). It used the Community Liaison Committee or CLC to collaborate polluting enterprise, the environment regulator, the local government, non-government stakeholders, and interested citizens (Cunningham, 2009). Today, the EIP is seen as transitional instrument towards a new governance approach to the environment. But emergence of new environmental problems challenged the environmental agencies as large enterprise polluters are joined by multiple small polluters contributing to nutrient and sediment run-off, dirty water discharges, and other forms of wastes disposed in public places. This is further complicated by budget constraints. This gave birth to NEIP. Garbutt (2000, p 2) described NEIP’s role as …a statutory mechanism to enable those contributing to and those affected by local environmental problems to come together in a constructive forum. In this forum, the members of the local community, including residents, industry and local government, can agree on the environmental priority issues for the neighbourhood. They can devise a plan to address their agreed environmental issues in a practical manner.” Thus, the NEIP was seen as a progression of policy-making and regulation of which the Organisation for Economic Co-operation and Development (OECD) noted as … lubricating the policy mix; increasing flexibility, paving the way for new regulations without a stringent and brutal implementation, inducing industry to develop innovative approaches and filling enforcement deficits. The NRM is a more recent move towards involving multiple stakeholders, multiple levels of government, industry and civil society in addressing an environment in crisis and the acceptance that previous approaches failed. Effects of failure include rising water tables, increasing salinity, water scarcity, land clearing, loss of topsoil, diffusion of pollution and biodiversity loss. One of the more recent findings on reality is that low public visibility made non-compliance easier. The NRM sought to mix community, rural, and other stake holders to have formal responsibility in the consultation, planning and priority-setting (Gunningham, 2009). Here, even indigenous Australians are included as landowners together with regional communities, industry, local, Commonwealth governments, and the community in general. As noted by Gunningham (2009), there is “joined-up institutional arrangements, networks, and knowledge exchange” (p 155) in order to implement strict accountability, partnership agreements, quarterly financial reporting, six-monthly milestone reports on activities, and reporting on annual developments. The NRM supports the understanding that different regions or ecosystems have their own unique environmental challenges, thus the need for the development of their own mechanisms to address environmental problems. Despite the above progress and the emphasis of Bates’ (2010) observation that “significant new initiatives have been progressed… Older legislation is being reconsidered and replaced and existing legislation continues to receive increasing scrutiny from the courts,” the Australian government and its legislation cannot be credited towards a better environment. The Central Intelligence Agency (2010) continues to list the current environmental problems of Australia as follows: soil erosion from overgrazing, industrial development, urbanization, and poor farming practices; soil salinity rising due to the use of poor quality water; desertification; clearing for agricultural purposes threatens the natural habitat of many unique animal and plant species; the Great Barrier Reef off the northeast coast, the largest coral reef in the world, is threatened by increased shipping and its popularity as a tourist site; limited natural fresh water resources. Likewise, environmental groups such as the Green Party, Landcare, Bush Heritage Australia, Conservation Volunteers Australia, Australian Greens, Greenpeace, and other advocacy groups have emerged and continue to cooperate with government agencies and their communities to address environment issues. Related social issues are also included I their agenda with the understanding that there is an important connection between the physical natural as well as the psycho-social environment of humans. For the government part that shall embody its regulating agencies and the courts, Gunningham’s (2009) observation of a more inclusive movement that enlist cooperation with various stakeholders, sincere efforts may be glimpsed on their actions. Dialogues and discussions with non-government agencies and other advocacy groups are maintained as well as community consultations. Legislation may prove to be slower than what the emergency calls for, but this has been seen as the case in most government bodies not only in Australia (Chow and Soh, 2009). Bates’ observation is credited as true in most aspects. Old environmental laws create new bodies to plan, other bodies to implement, and still new ones to consider or police other agencies and re-consider revisions of old laws. It provides a cyclical approach towards addressing environment issues with the overall effect of continuity, and, as Abbot noted, ‘business as usual.’ Conclusion: In the context of Bates’ observation, that “In the past four years, that period of consolidation appears to have ended and significant new initiatives have been progressed… Older legislation is being reconsidered and replaced and existing legislation continues to receive increasing scrutiny from the courts,” there could be a strong indication in court decisions to improve environmental laws in Australia. As mentioned by Brian Preston of the Land and Environment Court of New South Wales, consideration of possible environmental impact remains a factor in the granting of permit for every industry or even private applicant’s actions. Possible offense and violation are anticipated and hopefully prevented at the level where actions are still to be done. However, as mentioned earlier, only two new legislations were passed between the periods indicated by Bates. Numerous cases had been tried in the courts of the Land and Environment Court of New South Wales, Queensland Planning and Environment Court, Environment Resources and Development Court of South Australia, and the Resource Management and Planning Appeal Tribunal of Tasmania. Many of these cases rallied the minimisation of environment impact. These tried cases show the vigilance and dedication of the agencies and the courts in their pursuit of environmental improvement. The numbers, however, cannot indicate any form of success or progress as environment problems in Australia remain unprecedented, unabated, and critical. Australia still remains highest in per capita greenhouse gas emissions and carbon dioxide emission. In addition, lobby groups of industry polluters are well-placed politically that echoes lobby groups in the US. As mentioned earlier, the US holds an inspiring position for Australia not only in policy but also legislation. Whilst government agencies and courts continue showing their vigilance through notices, proceedings and decisions that may indicate pro-environment stance, effects of these actions do not reflect well on the environment. Humans and their courts’ decisions and actions may assuage their own doubts but the environment heeds only its own laws. Reference: Abbot, Carolyn. 2005. The regulatory enforcement of pollution control laws: the Australian experience. Journal of Environmental Law 17 (2), 161-180. Anton, Donald K. Australian Environmental Law: A Federal Overview. Australian National University (ANU) - College of Law June 6, 2008 Bates, Gerry. Environmental Law in Australia, LexisNexis Butterworths, Sydney, 2010, 7th ed. Central Intelligence Agency. 2010. Australia. World Factbook. Accessed September 2010 from https://www.cia.gov/library/publications/the-world-factbook/geos/as.html Chow, Michael Ewing and Darryl Soh. 2009. “Pain, Gain, or Shame: The Evolution of Environmental Law and the Role of Multinational Corporations.” Indiana Journal of Global Legal Studies, Volume 16, Issue 1, Winter, pp. 195-222. Gunningham, Neil. 2009. The New Collaborative Environmental Governance: The Localization of Regulation. Journal of Law and Society 36, 1, March. 145-166 Gunningahm, N. and Grabosky, P. 1998. Smart Regulation: Designing Environmental Policy. Oxford University Press. Hon. Garbutt. 2000. Environmental Protection (Liveable Neighbourhoods) Bill 2000 (Vic) 2nd Reading. Hansard Extract, egislative Assembly. United Nations Framework Convention on Climate Change (UNFCCC). 2006. Kyoto Protocol Status of ratification. Accessed from http://unfccc.int/files/essential_background/kyoto_protocol/status_of_ratification/application/pdf/kpstats.pdf Trenorden, C.L. 1994. Judging the Jurisdictions: Where Should Environmental Disputes Be Resolved, " No. 4 Australian Env. L. News 46, 47 (Dec., 1994). OECD. 1999. Voluntary Approaches for Environmental Policy: An Assessment Leadbeter, P., N. Gunningham, & B Boer, eds., Environmental Outlook No 3: Law and Policy (Federation Press, 1999). WebLaw. 2010. Environmental Law. Accessed from http://www.weblaw.edu.au/display_page.phtml?WebLaw_Page=Environmental+Law Appendix: Other Australian environment laws: New South Wales have the legislations Catchment Management Authorities Act 2003 (NSW) establishing catchment management authorities and to devolve to them certain natural resource management functions in their regions; Coastal Protection Act 1979 (NSW) relating to the use and occupation of the coastal region, and to facilitate the carrying out of certain coastal protection works; Environmental Planning and Assessment Act 1979 (NSW) to institute a system of environmental planning and assessment for the state of New South Wales; Environmental Trust Act 1998 (NSW) to fund environmental restoration, rehabilitation, research and education and to fund land acquisition for the national parks estate; to constitute the Environmental Trust to administer the funding arrangements; Environmentally Hazardous Chemicals Act 1985 (NSW) to provide for control of the effect on the environment of chemicals and chemical wastes; Forestry Act 1916 (NSW) to consolidate and amend the law relating to forestry; to provide for the dedication, reservation, control, and use of State forests, timber reserves, and Crown lands for forestry and other purposes; to appoint a commission to administer the Act; Land and Environment Court Act 1979 (NSW) to constitute the Land and Environment Court and to make provision with respect to its jurisdiction; Marine Pollution Act 1987 (NSW) relating to the protection of the sea and certain waters from pollution by oil and other noxious substances discharged from ships; National Environment Protection Council (New South Wales) Act 1995 (NSW) establishing a National Environment Protection Council; National Parks and Wildlife Act 1974 (NSW) to consolidate and amend the law relating to the establishment, preservation and management of national parks, historic sites and certain other areas and the protection of certain fauna, native plants and Aboriginal objects; Native Vegetation Act 2003 (NSW) relating to the sustainable management and conservation of native vegetation; Natural Resources Commission Act 2003 (NSW) establishing the Natural Resources Commission; Ozone Protection Act 1989 (NSW) to empower the regulation and prohibition of the manufacture, sale, distribution, use, emission, re-cycling, storage and disposal of stratospheric ozone depleting substances and articles which contain those substances; Protection of the Environment Administration Act 1991 (NSW) An Act to constitute the Environment Protection Authority and to make provision with respect to its general responsibilities and management; Protection of the Environment Operations Act 1997 (NSW) to replace other environment protection legislation; Soil Conservation Act 1938 (NSW) for the conservation of soil resources and farm water resources and for the mitigation of erosion; State Environmental Planning (Permissable Mining) Act 1996 (NSW) to validate a State environmental planning policy regarding permissibility of mining; Wilderness Act 1987 (NSW) to identify wilderness and protect and manage wilderness areas in the State The Northern Territory has the Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1996 (NT) to acknowledge and secure the right of Aboriginals to occupy and use certain land on the Cobourg Peninsula in the Northern Territory of Australia, to vest that land in trustees for Aboriginals, to declare that land to be a national park, making certain provisions; Environmental Assessment Act 1994 (NT) to provide for the assessment of the environmental effects of development proposals and for the protection of the environment; Lands, Planning and Mining Tribunal Act 1998 (NT) an Act to establish the Lands, Planning and Mining Tribunal; National Environment Protection Council (Northern Territory) Act 1994 (NT) an Act to provide for the establishment of a National Environment Protection Council; Territory Parks and Wildlife Conservation Act (NT) an Act to make provision for and in relation to the establishment of Territory Parks and other Parks and Reserves and the study, protection, conservation and sustainable utilisation of wildlife. Queensland Environmental Protection Act 1994 (Qld) an Act about the protection of Queensland’s environment; National Environment Protection Council (Queensland) Act 1994 (Qld) an Act to provide for the establishment of a National Environment Protection Council; Nature Conservation Act 1992 (Qld) an Act to provide for the conservation of nature; Wet Tropics World Heritage Protection and Management Act 1993 (Qld) an Act to provide for the protection and management of the Wet Tropics of Queensland World Heritage Area. South Australia Coast Protection Act 1972 An Act to make provision for the conservation and protection of the beaches and coast of this State; and for other purposes; Development Act 1993 (SA) an Act to provide for planning and regulate development in the State; to regulate the use and management of land and buildings, and the design and construction of buildings; to make provision for the maintenance and conservation of land and buildings where appropriate; Environment Protection (Sea Dumping) Act 1984 (SA) an Act to provide for the protection of the environment by regulating the dumping into the sea, and the incineration at sea, of wastes and other matter and the dumping into the sea of certain other objects; Environment Protection Act 1993 (SA) an Act to provide for the protection of the environment; to establish the Environment Protection Authority; Environment, Resources and Development Court Act 1993 (SA) an Act to establish the Environment, Resources and Development Court; National Environment Protection Council (South Australia) Act 1995 (SA) an Act to provide for the establishment of a National Environment Protection Council; National Parks and Wildlife Act 1972 (SA) An Act to provide for the establishment and management of reserves for public benefit and enjoyment; to provide for the conservation of wildlife in a natural environment; Native Vegetation Act 1991 (SA) an Act to provide incentives and assistance to landowners in relation to the preservation and enhancement of native vegetation; to control the clearance of native vegetation; Natural Resources Management Act 2004 (SA) an Act to promote sustainable and integrated management of the State's natural resources; to make provision for the protection of the State's natural resources; River Murray Act 2003 (SA) an Act to provide for the protection and enhancement of the River Murray and related areas and ecosystems; Water Resources Act 1997 (SA) an Act to provide for the management of the State's water resources; Wilderness Protection Act 1992 (SA) an Act to provide for the protection of wilderness and the restoration of land to its condition before European colonisation. Tasmania Environmental Management and Pollution Control Act 1994 (TAS) an Act to provide for the management of the environment and the control of pollution in the State; Land Use Planning and Approvals Act 1993 (TAS) an Act to make provision for land use planning and approvals; National Environment Protection Council (Tasmania) Act 1995 (TAS) an Act to provide for the establishment of a National Environment Protection Council; National Parks and Reserves Management Act 2002 (TAS) an Act for the management of national parks and other reserved land; Natural Resource Management Act 2002 (TAS) an Act to establish the Tasmanian Natural Resource Management Council and regional committees for natural resource management and to provide for the development of regional strategies for natural resource management; Nature Conservation Act 2002 (TAS) an Act for the conservation and protection of the flora, fauna and geological diversity of the State; and to provide for the declaration of national parks and other reserved land; Pollution of Waters by Oil and Noxious Substances Act 1987 (TAS) to protect the State waters from pollution by oil and other substances; to give effect to certain parts of the Marpol Convention. Victoria Catchment and Land Protection Act 1994 (VIC) to establish a framework for the integrated management and protection of catchments; to encourage community participation in the management of land and water resources; to set up a system of controls on noxious weeds and pest animals; Commissioner for Environmental Sustainability Act 2003 (VIC) provides for the appointment and objectives, functions and powers of the Commissioner for Environmental Sustainability; Conservation, Forests and Lands Act 1987 (VIC) to establish a body corporate called the Director-General of Conservation, Forests and Lands; to provide a framework for a land management system; Environmental Effects Act 1978 (Vic) an Act to require the environmental effects of certain works to be assessed; Environmental Protection Act 1970 (Vic) an Act to establish an Environment Protection Authority; National Environment Protection Council (Victoria) Act 1995 (VIC) to establish the National Environment Protection Council (Victoria); National Parks Act 1975 (Vic) to consolidate, amend and make further provision in the law relating to national parks and other Crown lands; Planning and Environment Act 1987 (Vic) to establish a framework for planning the use, development and protection of land in Victoria; Pollution of Waters by Oil and Noxious Substances Act 1986 (VIC) to make certain provisions for the protection of the sea and certain waters from pollution by oil and other noxious substances and to implement the Marpol Convention; Sustainability Victoria Act 2005 (VIC) an Act to establish Sustainability Victoria and provide for it to be the successor in law of the Sustainable Energy Authority Victoria and EcoRecycle Victoria; Victorian Environmental Assessment Council Act 2001 (VIC) an Act to establish the Victorian Environmental Assessment Council; Victorian Renewable Energy Act 2006 (VIC) to promote the development of renewable energy generation through the establishment of a scheme that provides for the creation and acquisition of renewable energy certificates and requires the surrender of renewable energy certificates; Wildlife Act 1975 (Vic) promote the protection and conservation of wildlife. Western Australia Carbon Rights Act 2003 (WA) an Act to provide for the creation and effect of certain interests in land in relation to the effects of carbon sequestration from, and carbon release to, the atmosphere, and for related matters; Conservation and Land Management Act 1984 (WA) an Act for the use, protection and management of certain public lands and waters and the flora and fauna; Environmental Protection Act 1986 (WA) an Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment; National Environment Protection Council (Western Australia) Act 1996 (WA) an Act to provide for the establishment of a National Environment Protection Council; Pollution of Waters by Oil and Noxious Substances Act 1987 (WA) an Act relating to the protection of the sea and certain waters from pollution by oil and other noxious substances discharged from ships and places on land; Soil and Land Conservation Act 1945 (WA) an Act relating to the conservation of soil and land resources, and to the mitigation of the effects of erosion, salinity and flooding; Waterways Conservation Act 1976 (WA) An Act to make provision for the conservation and management of certain waters and of the associated land and environment; for the establishment of a Rivers and Estuaries Council; Wildlife Conservation Act 1950 (WA) provides for the conservation and protection of wildlife. 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