Democracy and the Environment

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Presentation transcript:

Democracy and the Environment The Future of Australian Environmental Laws Greg McIntyre SC Democracy and the Environment

Democratic engagement in environmental governance Fundamental human rights Public participation Free prior and informed consent ATSI communities Legal personality of nature Public integrity mechanisms

THEORETICAL & PRINCIPLED BASES FOR ENVIRONMENTAL DEMOCRACY Elected, accountable and responsible government Informed civil society Civil and political freedoms: Freedom of communication and association, Equality and non-discrimination Social, economic and cultural rights: National identity, Education, Housing, Decent living, Self-determination Checks and balances on power Rule of Law Non-violent collective action

RIGHT TO A SAFE AND HEALTHY ENVIRONMENT Protective: nuisance Restorative Ontario Environmental Bill of Rights 1993 Right to life Right to private and family life

PROCEDURAL RIGHTS Aarhus Convention rights: information, participation, expression of political opinions, freedom of association, redress and dispute resolution Ontario EBoR: comment, seek review, seek investigation, appeal, tribunal access and whistle-blower protection National Principles for Environmental Information, National Pollution Inventory, Open Government Partnership, Open Government National Action Plan

Recommendations on procedural rights Extend merits review Open standing – ‘citizen suit’ provisions Public interest costs protection Public interest environmental defence fund Specialist environmental law practice & judicial panels National judicial education body on environment

ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES RIGHTS ILO Convention 169 CBD & Akwe: Kon Gudelines UNDRIP FPIC Protection of land and resources Redress for interference Protection of productive capacity Protection of culture and knowledge Right to determine priorities and strategies for development

RIGHTS OF NATURE/ ‘WILD LAW’ Legal personality of places and objects Place or object recognised in legal instrument Purpose of protecting/restoring health, well-being or integrity Designated vehicle of legal recognition.

INTEGRITY New Zealand’s Parliamentary Commissioner for the Environment Ontario’s Environmental Commissioner Hungary’s Parliamentary Commissioner for Future Generation (until 2012) Canadian Commissioner of the Environment and Sustainable Development Commissioner for Sustainability and Environment Act 1993 (ACT) Commissioner for Environmental Sustainability Act 2003 (Vic) 2009 Hawke Review of the EPBC Act: National Environmental Commission