Tutorial 2 Questionrevised 16 March

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LAW 217
Sep 28, 2023
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1 Environmental Law LAWS5183 (2022) Tutorial 2 Question We found in Tutorial 1 that Australian Governments and businesses have generally adopted a target of achieving net zero greenhouse gas emissions ("GHGe") by 2050 as the target for fulfilling the goals of the Paris Agreement. However, the Australian and Western Australian Governments have not adopted mechanisms for defining and applying a carbon / emissions budget to achieve the global carbon / emissions budget inherent in the Paris Agreement temperature goals. This tutorial explores how they may do that. It begins with an interesting question about how and whether to apply the precautionary principle in decisions relating to approval of actions with substantial GHGe. The 'Precautionary Principle' and government decision-making Pursuant to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) s.391 , the Minister must "take account of the precautionary principle" in making listed decisions, including a decision under s.133 to approve a controlled action. Can you explain why the applicant in Australian Conservation Foundation v Minister for Env't [2017] FCAFC 134 at [31]-[32] did not appeal the finding of Griffith J in Australian Conservation Foundation v Minister for Env't [2016] FCA 1042 at [175]-[186] whereas Bromberg J in Sharma v Minister for the Environment [2021] FCA 560 ; 248 LGERA 330 at [254]-[256] found the precautionary principle applicable to the Minister's decision. READING Reading Guide Topic 1.5, * references and above citations. Making and legislating for 'carbon budgets' Prepare a 500 words submission to the Western Australian Government's consultation on the ' Sectoral Emissions Reduction Strategies ' proposal. In doing so, you may briefly address: What is a carbon (emissions) budget? What is the global emissions budget? What is happening to the level of global, Australian and Western Australian GHGe? You may include information from the recent (2021) quarterly updates of the Australian National Greenhouse Gas Inventory and locate a reliable source or sources for global emissions levels. Has the Commonwealth promised to make and / or made a carbon (or emissions) budget? What should WA be doing? How do the proposals in "Shaping Western Australia's low- carbon future" at pp.12-17 compare to the Climate Change Act 2017 (Vic)? We will workshop your submission ideas. If you wish, you may send your submission to the Western Australian Minister for Environment and Climate Action , as it appears that the Department is not yet ready to receive submissions. READING Reading Guide Topic 1.4, * references in 1.4.3 Reading Guide Topic 2.1 - 2.2, * references
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