Australia's Contribution to Environmental Law and Climate Change.

The Kyoto Protocol has established three cost-effective mechanisms referred to as International Emissions Trading (IET), Joint Implementation (JI) and the Clean Development Mechanism or CDM, which all aimed to encourage greater use of sustainable energy.

In 1985 the Convention for the Protection of the Ozone Layer was agreed upon in Vienna, and gave rise to the development of the Montreal Protocol in 1987.   This instrument was also an Intergovernmental Agreement made by Australia to restrict the manufacture and use of ozone depleting substances.  The long-term aim of the convention and Montreal Protocol was also to stabilise atmospheric concentrations of greenhouse gases.  Australia also made a commitment to the IPCC which was established in 1988 by the United Nations Environment Program.   However, the National Greenhouse Strategy in particular is one of the primary mechanisms through which Australia’s international commitments will be satisfied.   In 1992, Australian Government’s along with the Australian Greenhouse Office, approved the National Greenhouse Response Strategy as an effective means for working together on greenhouse issues and meeting Australia’s international obligations under the FCCC.  

Over the last fifteen years Australia has committed to a number of instruments which can be categorised into market based instruments (such as taxes on emissions), regulatory instruments (such as non-tradable permits, technology and performance standards, product bans, and direct government spending), and voluntary agreement instruments.

Successive Governments:

        Prior to the current government headed by Prime Minister John Howard, successive governments have passed which have also made an active attempt to combat the problem of global warming and climate change.    Former Prime Minister Bob Hawke in particular was also involved in environmental matters relating to climate change and made a large contribution to the Tasmania Dams Case.  

In the Tasmania Dams Case during the early 1980’s, the High Court gave great weight to the external affairs power so that the Commonwealth could regulate Australia’s internal affairs.   The WHPC Act was passed by the Hawke Government which stopped the Franklin Dam scheme.           In 1996 the Commonwealth government went through a change of ruling, and the Liberal party government continued support for the Greenhouse Challenge.

International Obligations:

Under the Kyoto Protocol, Australia is committed to a target for national greenhouse gas emissions of eight per cent above 1990 levels by 2008-2012.   This represents a 30 per cent reduction against current business-as-usual projections of greenhouse gas emissions.    A failure to meet this target would be a breach of an international treaty obligation.   The Protocol also includes an obligation on Parties to measure and report their emissions and removals on an annual basis.    

One of the requirements of the Framework Convention on Climate Change is that developed countries that are party to the convention produce annual national greenhouse gas emission inventories.   Australia has produced a National Greenhouse Inventory every year since 1990 and will continue to do so in the future.   However, Australia’s obligations in relation to ozone depletion under the Montreal Protocol have been implemented domestically through complementary legislation and controls enacted by Commonwealth, State and Territory governments.    

The NEPC was established as part of the Intergovernmental Agreement on the Environment with an obligation to set national environmental goals and standards which seeks to ensure all Australian’s have equivalent protection from air pollution.

Developed countries would also have an obligation to provide financial assistance to developing countries in their efforts to monitor and report their emissions.    Additional obligations, not yet discussed, that would be imposed on Australia, if the Kyoto Protocol entered into force, are set out in the following indicative list of additional obligations.

• pursue (through ICAO and the IMO) limitation of emissions of certain greenhouse gases controlled by the Montreal Protocol on Substances that Deplete the Ozone Layer (ATS (1989) 18)
• have in place a national system for the estimation of anthropogenic emissions and removals
• formulate cost-effective national and regional programs to improve the quality of emissions factors and data.
• formulate, implement, publish and regularly update national and regional programs containing measures to mitigate, and facilitate adequate adaption to, climate change
• promote and facilitate the development of climate change technologies, and their transfer to developing countries
• develop and cooperate at the international level, and implement education and training programs relating to climate change. All:

The National Greenhouse Research Program (NGRP) on climate change also commenced in 1989 and was funded by the Commonwealth Government and support of the states.   Through the Australian Greenhouse Office, the Commonwealth has developed a balanced mix of policy responses including voluntary industry programs such as the Greenhouse Challenge, mandatory requirements such as the Renewable Energy (Electricity) Act 2000 and grant programs to support the development and uptake of renewable energy technology.        

Compliance :

        Any international or domestic policy instrument can only be effective if accompanied by adequate systems of monitoring and enforcement.   In the event that the states of Australia take measures inconsistent with Australia’s obligations, the Commonwealth Government has the ability to take legislative action in order to compel states to co-operate.  

The Tasmania Dams Case for example, was an issue whereby the State Government wished to build a dam within an area under assessment by the World Heritage Committee, however was over ruled by the Federal Government by way of the external affairs power (Sect 51. xxix) set out in the constitution.

The COAG tries to resolve any potential conflicts between the states and territories and the Commonwealth Government, with a set of principles which binds all levels of government.

        Compliance penalties might also have an economic impact on those Parties that have failed to reach their target at the end of the commitment period.  This effect might be direct (via payment of a financial penalty), or indirect (if the party is required to put in place additional domestic measures).  

Conclusion:

Human activities inadvertently affect the workings of the atmosphere in a variety of ways.   However, if we devise appropriate proactive strategies to adapt to climate and other environmental changes as or before they occur, then their impact will be lessened for the future.

In the longer term, an effective response to climate change will need to involve developing countries, which will account for more than half of the world’s greenhouse gas emissions by 2000.   By reducing CO2 emissions over the coming decade, the wealthy nations can help prevent unnecessary loss of life, reduce human suffering and economic disruption from global warming and save plants and animals from being wiped out over huge areas in the future.
 

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