Natural Resources Law in Australia

principles and practices

Research output: Contribution to journalArticleResearchpeer-review

Abstract

What is the jurisprudential approach taken to Natural Resources Law in Australia? The ultimate source of law in Australia is Commonwealth of Australia Constitution Act however the Constitution does not specifically include an environment or natural resources power and the Commonwealth government can only make laws under the heads of power provided by the Constitution. This paper considers how natural resources law has developed as environmental protection law, especially the Environment Protection and Biodiversity Conservation Act. Also discussed is the approach taken by the Northern Territory of Australia in relation to natural resources law. The discussion unearths the developing jurisprudence in Australian natural resources law that seems to increasingly favour environmental protection over human development.
Original languageEnglish
Pages (from-to)155-176
Number of pages22
JournalJambe Law Journal
Volume1
Issue number2
DOIs
Publication statusPublished - 12 Jul 2018

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natural resources
Law
constitution
environmental protection
act
source of law
jurisprudence
biodiversity
conservation

Cite this

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Natural Resources Law in Australia : principles and practices. / Kelly, Danial.

In: Jambe Law Journal, Vol. 1, No. 2, 12.07.2018, p. 155-176.

Research output: Contribution to journalArticleResearchpeer-review

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