melsc
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- HSC
- 2005
Here are the key questions and some of the answers I wrote, hope they help 
. Its good to practice answering them as they are often the basis for essay questions in exams.
How are international obligations reflected in Australian law?
For international obligations to be reflected in Australian law, the Federal Government must carry out the following process. Firstly the Australian Government must enter into an international obligation, such as a treaty, protocol, convention etc and then sign it. Once the document is signed, Australia must undergo the process of ratification before the obligations are binding on Australian citizens.
To ratify an international agreement the Australian government is require to enact the principles of the agreement (using External Affairs power s.51 (29) Constitution) into domestic legislation, once this has occurred, these principles will protected by Australian law and can be enforced through the Australian courts and environmental bodies.
One such example is Australia’s adoption of the precautionary principle into domestic law. Australia, a signatory of the Rio Declaration 1992 integrated Principle 15 Rio Declaration into the Protection of the Environment Administration Act 1991 (NSW).
What are the different Commonwealth and State powers and responsibilities in environmental protection?
The state government unlike the Commonwealth Government has the specific power to create laws in relation to environmental issues, the NSW government can make laws for the “planning, preservation and protection of the environment” pursuant to the Constitution Act 1902 (NSW), thus excluding the powers which it is has delegated to the local government, the state governments have the major legislative and enforcement role in terms of protecting the environment domestically.
However in terms of protecting the global environment, the majority of this power lies with the Commonwealth Government. As the states of Australia do not meet the requirements of the Vienna Convention on the law of treaties (as they do not have international relations power) only the Federal Government can enter into international agreements which protect the environment.
Pursuant to the s.51 (29) Constitution Act 1901 the Commonwealth government has “external affairs power” allowing them to enter into international agreements to protect the environment on both a domestic and global scale, thus the onus of enacting the principles into domestic legislation.
How effective are Commonwealth and State powers in protecting the
environment?
Is litigation an effective way of protecting World Heritage areas?
What is the relationship between local and global efforts to protect the
environment?
. Its good to practice answering them as they are often the basis for essay questions in exams.How are international obligations reflected in Australian law?
For international obligations to be reflected in Australian law, the Federal Government must carry out the following process. Firstly the Australian Government must enter into an international obligation, such as a treaty, protocol, convention etc and then sign it. Once the document is signed, Australia must undergo the process of ratification before the obligations are binding on Australian citizens.
To ratify an international agreement the Australian government is require to enact the principles of the agreement (using External Affairs power s.51 (29) Constitution) into domestic legislation, once this has occurred, these principles will protected by Australian law and can be enforced through the Australian courts and environmental bodies.
One such example is Australia’s adoption of the precautionary principle into domestic law. Australia, a signatory of the Rio Declaration 1992 integrated Principle 15 Rio Declaration into the Protection of the Environment Administration Act 1991 (NSW).
What are the different Commonwealth and State powers and responsibilities in environmental protection?
The state government unlike the Commonwealth Government has the specific power to create laws in relation to environmental issues, the NSW government can make laws for the “planning, preservation and protection of the environment” pursuant to the Constitution Act 1902 (NSW), thus excluding the powers which it is has delegated to the local government, the state governments have the major legislative and enforcement role in terms of protecting the environment domestically.
However in terms of protecting the global environment, the majority of this power lies with the Commonwealth Government. As the states of Australia do not meet the requirements of the Vienna Convention on the law of treaties (as they do not have international relations power) only the Federal Government can enter into international agreements which protect the environment.
Pursuant to the s.51 (29) Constitution Act 1901 the Commonwealth government has “external affairs power” allowing them to enter into international agreements to protect the environment on both a domestic and global scale, thus the onus of enacting the principles into domestic legislation.
How effective are Commonwealth and State powers in protecting the
environment?
Is litigation an effective way of protecting World Heritage areas?
What is the relationship between local and global efforts to protect the
environment?
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