Big sticks, carrots and enforceable undertakings under the Environment Protection and Biodiversity Conservation Act 1999

Baird, Rachel (2011) Big sticks, carrots and enforceable undertakings under the Environment Protection and Biodiversity Conservation Act 1999. Environmental and Planning Law Journal, 28 1: 3-8.

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Name Description MIMEType Size Downloads
Author Baird, Rachel
Title Big sticks, carrots and enforceable undertakings under the Environment Protection and Biodiversity Conservation Act 1999
Journal name Environmental and Planning Law Journal   Check publisher's open access policy
ISSN 0813-300X
Publication date 2011-01-01
Sub-type Article (original research)
Open Access Status Not Open Access
Volume 28
Issue 1
Start page 3
End page 8
Total pages 6
Place of publication Rozelle, NSW Australia
Publisher Lawbook Co.
Language eng
Subject 2308 Management, Monitoring, Policy and Law
3308 Law
3305 Geography, Planning and Development
Formatted abstract
The use of enforceable undertakings under the Environment Protection Biodiversity Conservation Act (1999) (Cth) is a relatively new tool for regulators. The first instance of the use of an enforceable undertaking in relation to the breach of a civil penalty provision in Pt 3 of the Act was in August 2008. Since that date, enforceable undertakings have become a key feature in enforcement options for the Commonwealth Department of Environment, Water, Heritage and the Arts (DEWHA) for there have been seven instances of enforceable undertakings being accepted by the federal Minister in the 15 months to August 2010. Similar provisions for enforceable undertakings exist under New South Wales and Victorian legislation. The
instances where enforceable undertakings have been accepted by federal and State authorities have not involved significant pollution events or wilful environmental harm. In fact, the circumstances of each case illustrate the types of mistake that should be prevented by the implementation of a robust environmental compliance program.
Keyword Environment Protection and Biodiversity Conservation Act
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collection: TC Beirne School of Law Publications
 
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