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Legislative development of the precautionary principle: the EPBC Amendment (Declared Commercial Fishing Activities) Act 2012 and forthcoming changes to the Fisheries Management Act 1991

Journal Article


Abstract


  • A rushed temporary amendment to the Environment

    Protection and Biodiversity Conservation Act 1999 (Cth)

    (EPBC Act) was made in September 2012 to enable the

    Environment Minister to impose a precautionary fishing

    ban on the "super trawler" FV Abel Tasman, the world's

    second-largest fishing vessel. At the same time, the

    federal government initiated the first large-scale review

    of federal fisheries legislation in more than 20 years. It

    is anticipated that the review will lead to changes to the

    Fisheries Management Act 1991 (Cth) (PM Act) that

    will reduce the extent to which the EPBC Act encroaches

    into the realm of fisheries management and will further

    empower the Fisheries Minister to make decisions based

    on the precautionary principle. The review provides a

    timely opportunity to develop a more practical and

    theoretically sound legislative incorporation of the precautionary

    principle.

Publication Date


  • 2012

Citation


  • W. Gullett, ''Legislative development of the precautionary principle: the EPBC Amendment (Declared Commercial Fishing Activities) Act 2012 and forthcoming changes to the Fisheries Management Act 1991'' (2012) November Australian Environment Review 405-410.

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/84

Number Of Pages


  • 5

Start Page


  • 405

End Page


  • 410

Volume


  • November

Place Of Publication


  • Australia

Abstract


  • A rushed temporary amendment to the Environment

    Protection and Biodiversity Conservation Act 1999 (Cth)

    (EPBC Act) was made in September 2012 to enable the

    Environment Minister to impose a precautionary fishing

    ban on the "super trawler" FV Abel Tasman, the world's

    second-largest fishing vessel. At the same time, the

    federal government initiated the first large-scale review

    of federal fisheries legislation in more than 20 years. It

    is anticipated that the review will lead to changes to the

    Fisheries Management Act 1991 (Cth) (PM Act) that

    will reduce the extent to which the EPBC Act encroaches

    into the realm of fisheries management and will further

    empower the Fisheries Minister to make decisions based

    on the precautionary principle. The review provides a

    timely opportunity to develop a more practical and

    theoretically sound legislative incorporation of the precautionary

    principle.

Publication Date


  • 2012

Citation


  • W. Gullett, ''Legislative development of the precautionary principle: the EPBC Amendment (Declared Commercial Fishing Activities) Act 2012 and forthcoming changes to the Fisheries Management Act 1991'' (2012) November Australian Environment Review 405-410.

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/84

Number Of Pages


  • 5

Start Page


  • 405

End Page


  • 410

Volume


  • November

Place Of Publication


  • Australia