THE
ENVIRONMENTAL PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999-
SOME KEY CONSTITUTIONAL
AND ADMINISTRATIVE ISSUES
JUSTICE CATHERINE BRANSON
ABSTRACT:
This article is concerned with
recent changes to Commonwealth environmental legislation and the
legislative powers of the Commonwealth in relation to the environment.
It outlines the scheme of the Environmental Protection and Biodiversity
Conservation Act 1999 (Cth) in so far as it deals with the protection
of the environment. It proceeds to provide an overview of the legislative
powers of the Commonwealth to protect the environment. In particular,
the article discusses the identification of the sources of Commonwealth
constitutional power in the Environmental Protection and Biodiversity
Conservation Act 1999. Finally, the article explores the validity
of the bilateral agreement mechanism used in the Act and the enforceability
of such bilateral agreements.
