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

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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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.

9. 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