Regulation of Land-based Marine Pollution in Australia: A Critical Assessment of the Current Legal Framework and Opportunities for Reform

摘要

Land-based marine pollution (LBMP), both point source and diffuse, is a significant environmental problem worldwide. Despite the lack of legally binding standards at the international level, Australia has developed quite a comprehensive legal framework for the regulation of LBMP. The nature of federalism in Australia, however, has also resulted in a complex mosaic of Commonwealth, State and Territory laws regulating LBMP. This article provides a critical assessment of the current legal framework for the regulation of LBMP in Australia. In doing so, the article first discusses, the divisions of powers between the Commonwealth and States/Territories as they relate to the regulation of LBMP, the common regulatory approaches used, and the gaps and deficiencies identified within national and State/Territory regulatory frameworks. The article then identifies a number of opportunities for potential legislative reform, including a stronger national framework and amendments to existing State and Territory legislation, which could improve the current LBMP regulatory environment in Australia.