Jurisdiction and offshore petroleum in Australia: Creating symmetry between the Commonwealth and states by sharing benefits and avoiding costs

Ocean and Coastal Management

Volumn 34, Issue 3, 1997, Pages 173-204

  Evans, Nathan ^a,b   Bailey, John ^a  

^a MURDOCH UNIVERSITY   (Australia)

^b BUREAU OF RURAL SCIENCES   (Australia)

Author keywords

[No Author keywords available]

Indexed keywords

COST EFFECTIVENESS; DECISION MAKING; LAWS AND LEGISLATION; PUBLIC POLICY;

PETROLEUM ACT;

OFFSHORE OIL WELL PRODUCTION;

DECISION-MAKING STRUCTURE; ENVIRONMENTAL ISSUES; LEGISLATIVE APPROACH; MARINE POLICY; OFFSHORE DEVELOPMENT; OFFSHORE OPERATIONS; OIL AND GAS LEGISLATION; OIL RESOURCES;

AUSTRALIA;

EID: 0030863492     PISSN: 09645691     EISSN: None     Source Type: Journal    
DOI: 10.1016/S0964-5691(97)00004-5     Document Type: Article

References (147)

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2. 1. Cicin-Sain, B, and Knecht, R., The problem of governance of US ocean resources and the new exclusive economic zone. Ocean Development and International Law, 1985, 15, 289-320; Wilder, R. J., Cooperative governance, environmental policy, and management of offshore oil and gas in the United States. Ocean Development and International Law, 1993, 24, 41-62; Cicin-Sain, B., A national ocean governance strategy for the United States is needed now. Coastal Management, 1994, 22, 171-176.
3. 1. Cicin-Sain, B, and Knecht, R., The problem of governance of US ocean resources and the new exclusive economic zone. Ocean Development and International Law, 1985, 15, 289-320; Wilder, R. J., Cooperative governance, environmental policy, and management of offshore oil and gas in the United States. Ocean Development and International Law, 1993, 24, 41-62; Cicin-Sain, B., A national ocean governance strategy for the United States is needed now. Coastal Management, 1994, 22, 171-176.
4. Fitzgerald, E., Outer continental shelf oil and gas revenues: coastal states should be entitled to a share. Coastal Management, 1988, 16, 319-339; Lester, C., Contemporary federalism and new regimes of ocean governance: lessons from the case of outer continental shelf oil development. Ocean and Coastal Management, 1994, 23, 7-47; Smith, E. and Garcia, S., Evolving California opinion on offshore oil development. Ocean and Coastal Management, 1995, 26, 41-56; Walls, M., Federalism and offshore oil leasing resources for the future. Natural Resources Journal, 1993, 33, 776-795.
5. Fitzgerald, E., Outer continental shelf oil and gas revenues: coastal states should be entitled to a share. Coastal Management, 1988, 16, 319-339; Lester, C., Contemporary federalism and new regimes of ocean governance: lessons from the case of outer continental shelf oil development. Ocean and Coastal Management, 1994, 23, 7-47; Smith, E. and Garcia, S., Evolving California opinion on offshore oil development. Ocean and Coastal Management, 1995, 26, 41-56; Walls, M., Federalism and offshore oil leasing resources for the future. Natural Resources Journal, 1993, 33, 776-795.
6. Fitzgerald, E., Outer continental shelf oil and gas revenues: coastal states should be entitled to a share. Coastal Management, 1988, 16, 319-339; Lester, C., Contemporary federalism and new regimes of ocean governance: lessons from the case of outer continental shelf oil development. Ocean and Coastal Management, 1994, 23, 7-47; Smith, E. and Garcia, S., Evolving California opinion on offshore oil development. Ocean and Coastal Management, 1995, 26, 41-56; Walls, M., Federalism and offshore oil leasing resources for the future. Natural Resources Journal, 1993, 33, 776-795.
7. Fitzgerald, E., Outer continental shelf oil and gas revenues: coastal states should be entitled to a share. Coastal Management, 1988, 16, 319-339; Lester, C., Contemporary federalism and new regimes of ocean governance: lessons from the case of outer continental shelf oil development. Ocean and Coastal Management, 1994, 23, 7-47; Smith, E. and Garcia, S., Evolving California opinion on offshore oil development. Ocean and Coastal Management, 1995, 26, 41-56; Walls, M., Federalism and offshore oil leasing resources for the future. Natural Resources Journal, 1993, 33, 776-795.
8. 3. Lester, C., Contemporary federalism and new regimes of ocean governance: lessons from the case of outer continental shelf oil development. Ocean and Coastal Management, 1994, 23, 7-47.
9. Cicin-Sain, B., Ocean resources and intergovernmental relations: an analysis of the patterns. In Ocean Resources and US Intergovernmental Relations in the 1980s, ed. M. Silva. Westview Press, Boulder, 1986, pp. 241-262;
10. Knecht, R., The exclusive economic zone: a new opportunity in federal-state ocean relations. In Ocean Resources and US Intergovernmental Relations in the 1980s, ed. M. Silva, Westview Press, Boulder, CO, 1986, pp. 263-273.
11. 5. Wilder, R. J., Cooperative governance, environmental policy, and management of offshore oil and gas in the United States. Ocean Development and International Law, 1993, 24, 41-62.
12. Fitzgerald, E., Outer continental shelf revenue sharing: a proposal to end the seaweed rebellion. UCLA Journal of Environmental Law and Policy, 1985, 5, 1-47; Hershman, M., Building a federal-state partnership for US ocean resource management. In Ocean Resources and US Intergovernmental Relations in the 1980s, ed. M. Silva. Westview Press, Boulder, 1986, pp. 221-240.
13. Fitzgerald, E., Outer continental shelf revenue sharing: a proposal to end the seaweed rebellion. UCLA Journal of Environmental Law and Policy, 1985, 5, 1-47; Hershman, M., Building a federal-state partnership for US ocean resource management. In Ocean Resources and US Intergovernmental Relations in the 1980s, ed. M. Silva. Westview Press, Boulder, 1986, pp. 221-240.
14. Cicin-Sain, B. and Knecht, R., Implications of the Earth Summit for ocean and coastal governance. Ocean Development and International Law, 1993, 24, 323-353; Koester, G. T., State-federal jurisdictional conflicts in the US 12-mile territorial sea: an opportunity to end the seaweed rebellion. Coastal Management, 1990, 18, 195-211; Wilder, R. J., Sea-change from Bush to Clinton: setting a new course for offshore oil development and US energy policy. UCLA Journal of Environmental Law and Policy, 1993, 11, 131-173.
15. Cicin-Sain, B. and Knecht, R., Implications of the Earth Summit for ocean and coastal governance. Ocean Development and International Law, 1993, 24, 323-353; Koester, G. T., State-federal jurisdictional conflicts in the US 12-mile territorial sea: an opportunity to end the seaweed rebellion. Coastal Management, 1990, 18, 195-211; Wilder, R. J., Sea-change from Bush to Clinton: setting a new course for offshore oil development and US energy policy. UCLA Journal of Environmental Law and Policy, 1993, 11, 131-173.
16. Cicin-Sain, B. and Knecht, R., Implications of the Earth Summit for ocean and coastal governance. Ocean Development and International Law, 1993, 24, 323-353; Koester, G. T., State-federal jurisdictional conflicts in the US 12-mile territorial sea: an opportunity to end the seaweed rebellion. Coastal Management, 1990, 18, 195-211; Wilder, R. J., Sea-change from Bush to Clinton: setting a new course for offshore oil development and US energy policy. UCLA Journal of Environmental Law and Policy, 1993, 11, 131-173.
17. Fitzgerald, E., Outer continental shelf revenue sharing: a proposal to end the seaweed rebellion. UCLA Journal of Environmental Law and Policy, 1985, 5, 1-47; Hildreth, R. G., Federal-state revenue sharing and resource management under Outer Continental Shelf Lands Act section 8(g). Coastal Management, 1989, 17, 171-191.
18. Fitzgerald, E., Outer continental shelf revenue sharing: a proposal to end the seaweed rebellion. UCLA Journal of Environmental Law and Policy, 1985, 5, 1-47; Hildreth, R. G., Federal-state revenue sharing and resource management under Outer Continental Shelf Lands Act section 8(g). Coastal Management, 1989, 17, 171-191.
19. Cicin-Sain, B. and Knecht, R., The problem of governance of US ocean resources and the new exclusive economic zone. Ocean Development and International Law, 1985, 15, 289-320; Shapiro, M. E. and Shapiro, R. W., Opportunities for a state-federal partnership in an expanded territorial sea. Coastal Zone Management Journal, 1984, 11, 335-351; Wilder, R. J., The three-mile territorial sea: its origins and implications for contemporary offshore federalism. Virginia Journal of International Law, 1992, 32, 681-746.
20. Cicin-Sain, B. and Knecht, R., The problem of governance of US ocean resources and the new exclusive economic zone. Ocean Development and International Law, 1985, 15, 289-320; Shapiro, M. E. and Shapiro, R. W., Opportunities for a state-federal partnership in an expanded territorial sea. Coastal Zone Management Journal, 1984, 11, 335-351; Wilder, R. J., The three-mile territorial sea: its origins and implications for contemporary offshore federalism. Virginia Journal of International Law, 1992, 32, 681-746.
21. Cicin-Sain, B. and Knecht, R., The problem of governance of US ocean resources and the new exclusive economic zone. Ocean Development and International Law, 1985, 15, 289-320; Shapiro, M. E. and Shapiro, R. W., Opportunities for a state-federal partnership in an expanded territorial sea. Coastal Zone Management Journal, 1984, 11, 335-351; Wilder, R. J., The three-mile territorial sea: its origins and implications for contemporary offshore federalism. Virginia Journal of International Law, 1992, 32, 681-746.
22. 10. The distinction between the two subnational levels of government is of little practical relevance. Within the discussion, therefore, all references to the states should be read to include the Northern Territory.
23. 11. Australian Constitution, section 52.
24. 12. Bates, G., Environmental Law in Australia. Butterworths, Sydney, 1995, pp 76-94.
25. 13. Crommelin, M., Federal-regional cooperation: a comparative perspective. Managing Natural Resources in a Federal State, ed. J. O. Saunders, Carswell, Calgary, 1986, pp. 295-321; Cullen, R., Bass Strait revenue raising: a case of one government too many? Journal of Energy and Natural Resources Law, 1988, 6, 213-247; Harders, C., Commonwealth and state jurisdiction over offshore areas. Australian Mining and Petroleum Law Association Journal, 1977, 1, 7-16.
26. 13. Crommelin, M., Federal-regional cooperation: a comparative perspective. Managing Natural Resources in a Federal State, ed. J. O. Saunders, Carswell, Calgary, 1986, pp. 295-321; Cullen, R., Bass Strait revenue raising: a case of one government too many? Journal of Energy and Natural Resources Law, 1988, 6, 213-247; Harders, C., Commonwealth and state jurisdiction over offshore areas. Australian Mining and Petroleum Law Association Journal, 1977, 1, 7-16.
27. 13. Crommelin, M., Federal-regional cooperation: a comparative perspective. Managing Natural Resources in a Federal State, ed. J. O. Saunders, Carswell, Calgary, 1986, pp. 295-321; Cullen, R., Bass Strait revenue raising: a case of one government too many? Journal of Energy and Natural Resources Law, 1988, 6, 213-247; Harders, C., Commonwealth and state jurisdiction over offshore areas. Australian Mining and Petroleum Law Association Journal, 1977, 1, 7-16.
28. 14. To clarify for readers unfamiliar with Australian legislation, it is worth commenting that the term 'Petroleum (Submerged Lands) Act' is simply the enacted title of the statute. A convention often employed by the Commonwealth when enacting legislation is to parenthesise part of the official title to distinguish between statutes enacted for different purposes within the same portfolio area. The common citation of Australian legislation is the statute title followed by the year of enactment, with the jurisdiction abbreviated in parenthesis, e.g. Petroleum (Submerged Lands) Act 1967 (Cth).
29. Cicin-Sain, B., Sustainable development and integrated coastal management. Ocean and Coastal Management, 1993, 21, 11-43; ODIL special issue, Vol. 27, 1996).
30. Cicin-Sain, B., Sustainable development and integrated coastal management. Ocean and Coastal Management, 1993, 21, 11-43; ODIL special issue, Vol. 27, 1996).
31. 16. Juda, L. Ocean policy, multi-use management, and the cumulative impact of piecemeal change: the case of the United States outer continental shelf. Ocean Development and International Law, 1993, 24, 355-376.
32. 17. Lumb, R., The continental shelf. Melbourne University Law Review, 1968, 6, 357-369; Cullen, R., Federalism in Action: The Australian and Canadian Offshore Disputes. The Federation Press, Sydney, 1990; Cullen, R., The encounter between natural resources and federalism in Canada and Australia. UBC Law Review, 1990, 24, 275-305.
33. 17. Lumb, R., The continental shelf. Melbourne University Law Review, 1968, 6, 357-369; Cullen, R., Federalism in Action: The Australian and Canadian Offshore Disputes. The Federation Press, Sydney, 1990; Cullen, R., The encounter between natural resources and federalism in Canada and Australia. UBC Law Review, 1990, 24, 275-305.
34. 17. Lumb, R., The continental shelf. Melbourne University Law Review, 1968, 6, 357-369; Cullen, R., Federalism in Action: The Australian and Canadian Offshore Disputes. The Federation Press, Sydney, 1990; Cullen, R., The encounter between natural resources and federalism in Canada and Australia. UBC Law Review, 1990, 24, 275-305.
35. 18. The management of ocean fisheries had traditionally been left to the states despite the Commonwealth having the clear constitutional authority to legislate in this regard. For instance, with respect to the Fisheries Act 1952 (Cth) - the first federal marine resources legislation - rather than challenging state control over fisheries, this Act created a framework for interstate fisheries management by vesting in states the federal authority to manage fisheries beyond 3 miles. See Harrison, A., Marine living resources policy in Tasmania. In Issues in Australia's Marine and Antarctic Policies, ed. R. Herr, R. Hall and B. Davies. University of Tasmania, Tasmania, 1982, pp. 69-88.
36. 19. Herr, R. and Davis, B., The impact of UNCLOS 3 on Australian federalism. International Journal, 1986, 41, 674-693.
37. 20. Taylor, J., The settlement of disputes between federal and state governments concerning offshore petroleum resources: accommodation or adjudication? Harvard International Law Journal, 1970, 11, 358-399.
38. 21. Opeskin, B. R. and Rothwell, D. R., Australia's territorial sea: international and federal implications of its extension to 12 miles. Ocean Development and International Law, 1991, 22, 395-431.
39. 22. Agreement relating to the Exploration for, and the Exploitation of, the Petroleum Resources, and certain other Resources, of the Continental Shelf of Australia and of certain Territories of the Commonwealth and of certain other Submerged Land ('the Agreement').
40. 23. Lumb, R., The Law of the Sea and Australian Off-shore Areas. University of Queensland Press, Brisbane, 1966.
41. 24. Lumb, R., The continental shelf. Melbourne University Law Review, 1968, 6, 357-369.
42. 25. Clause 9 of the Agreement stated the Common Mining Code would be administered by the Designated Authority in respect of each State, a role defined by the Commonwealth Petroleum (Submerged Lands) Act to be the responsible state minister. This arrangement raised a question of constitutional law that is yet to be answered - whether the Constitution permits the power to administer a Commonwealth statute to be conferred upon a state minister. The Designated Authority device was created to avoid the judicial review that such a fundamental legal issue would invite. The Commonwealth's Petroleum (Submerged Lands) Act refers to the Designated Authority instead of to the state minister directly, in order to avoid provoking concern over the constitutional legitimacy of the Designated Authority creation.
43. 26. Parliamentary Hansard, House of Representatives, 18 October 1967, pp. 1102-1103.
44. 27. Clause 26 of the Agreement illustrates the Settlement's legal unenforceability, stating in part '. . . (this Agreement) is not intended to create legal relationships justiciable in a Court of Law . . .' In other words, legally binding provisions were eschewed by the Commonwealth and the states in their efforts to avoid confronting the issue of offshore jurisdiction.
45. 28. In addition to the historic role of states as marine resource managers, the Commonwealth was not a significant land holder. There was not in place a parallel and easily adaptable federal system for the disposition of resources. It was perhaps natural that regulatory control should fall to the state governments.
46. 29. Clause 11 of the Agreement specified that state governments would consult the Commonwealth before granting, renewing or varying any permits, licences or authorities in relation to adjacent areas.
47. 30. Taylor, J., The settlement of disputes between federal and state governments concerning offshore petroleum resources: accommodation or adjudication? Harvard International Law Journal, 1970, 11, 358-399.
48. 31. Galligan, B. and Fletcher, C., New Federalism, Intergovernmental Relations and Environment Policy. Federalism Research Centre, Australian National University, Canberra, 1993.
49. 32. Seas and Submerged Lands Act 1973 (Cth) section 11.
50. 33. Seas and Submerged Lands Act 1973 (Cth) section 6.
51. 34. Seas and Submerged Lands Act 1973 (Cth) section 15.
52. 35. New South Wales v. the Commonwealth, 1975, 135 CLR 337.
53. 36. Cullen, R., Federalism in Action: The Australian and Canadian Offshore Disputes. The Federation Press, Sydney, 1990.
54. 37. One particular notable exception is to be found in Opeskin, B. R. and Rothwell, D. R., Australia's territorial sea: international and federal implications of its extension to 12 miles. Ocean Development and International Law, 1991, 22, 395-431.
55. 38. Haward, M., The Australian offshore constitutional settlement. Marine Policy 1989, 13, 334-348.
56. 39. Cullen, R., Federalism in Action: The Australian and Canadian Offshore Disputes. The Federation Press, Sydney, 1990. p 107.
57. 40. Cullen, R., Federalism in Action: The Australian and Canadian Offshore Disputes. The Federation Press, Sydney, 1990. p 107.
58. 41. Cullen, R., Canada and Australia: a federal parting of the ways. Federal Law Review, 1989, 18, 68-83.
59. 42. Cullen, R., Bass Strait revenue raising: a case of one government too many?. Journal of Energy and Natural Resources Law, 1988, 6, 213-247.
60. 43. Cullen, R., Federalism in Action: The Australian and Canadian Offshore Disputes. The Federation Press, Sydney, 1990;
61. Haward, M., The Australian Offshore Constitutional Settlement. Marine Policy, 1989, 13, 334-348.
62. 44. Cullen, R., Bass Strait revenue raising: a case of one government too many? Journal of Energy and Natural Resources Law, 1988, 6, 213-247. It was not enough for the Commonwealth to desire to readjust the offshore jurisdictional situation; the judgement with respect to the Seas and Submerged Lands Act 1973 (Cth) represented a legal obstacle that had to be overcome before the desired political position could be reached.
63. 45. Haward, M., The Australian offshore constitutional settlement. Marine Policy, 1989, 13, 334-348.
64. 46. The northwest region of Western Australia is approximately 4000 km from Canberra, the seat of the federal government. This expansive distance, the sparse population of the region, and a non-existant federal presence made the Commonwealth ineffectual as an administrator, and the region amenable to state administration.
65. 47. Opeskin, B. R. and Rothwell, D. R., Australia's territorial sea: international and federal implications of its extension to 12 miles. Ocean Development and International Law, 1991, 22, 395-431.
66. 48. In the case of Western Australia, the statute was the Petroleum (Submerged Lands) Act 1982 (WA).
67. 49. See note 13.
68. 50. Hunt, C. D., The offshore petroleum regimes of Canada and Australia: some comparative observations. Australian Mining and Petroleum Law Association Bulletin, 1990, 9, 103-111.
69. 51. Petroleum (Submerged Lands) Act 1967 (Cth) section 8.
70. 52. Forbes, J. and Lang, A., Australian Mining and Petroleum Laws. Butterworths, Sydney, 1987. The joint authority powers are equivalent to those available to the state minister under the mirror Petroleum (Submerged Lands) Acts within state waters.
71. 53. Petroleum (Submerged Lands) Act 1967 (Cth) sections 20(1 and 3), 30, 32, 33, 38(A-K), 39(A), 40, 44, 51, 54, 55, 56, 58, 65, 70, 78, 81, 103.
72. 54. Petroleum (Submerged Lands) Act 1967 (Cth) section 8(D)(3).
73. 55. Cullen, R., Bass Strait revenue raising: a case of one government too many? Journal of Energy and Natural Resources Law, 1988, 6, 213-247; Hunt, C. D., The offshore petroleum regimes of Canada and Australia: some comparative observations. Australian Mining and Petroleum Law Association Bulletin, 1990, 9, 103-111.
74. 55. Cullen, R., Bass Strait revenue raising: a case of one government too many? Journal of Energy and Natural Resources Law, 1988, 6, 213-247; Hunt, C. D., The offshore petroleum regimes of Canada and Australia: some comparative observations. Australian Mining and Petroleum Law Association Bulletin, 1990, 9, 103-111.
75. 56. Petroleum (Submerged Lands) Act 1967 (Cth) section 14.
76. 57. Petroleum (Submerged Lands) Act 1967 (Cth) sections 20(2), 31(5), 39A(5)(b) and 40(4)(b), 57(4), respectively.
77. 58. Haward, M., The offshore. In Intergovernmental Relations and Public Policy, ed. B. Galligan, O. Hughes and C. Walsh. Allen and Unwin, Sydney, 1991, pp. 109-128.
78. 59. Petroleum (Submerged Lands) Amendment Act 1984 (Cth).
79. 60. Petroleum (Submerged Lands) Amendment Act 1987 (Cth).
80. 61. Gardner, A., Federal intergovernmental co-operation on environmental management: a comparison of developments in Australia and Canada. Environmental and Planning Law Journal, 1994, 11, 104-136.
81. 62. Hildreth, R. G., Managing ocean resources: New Zealand and Australia. International Journal of Estuarine and Coastal Law, 1991, 6, 89-126.
82. 63. Resource Assessment Commission, Resources and Uses of the Coastal Zone. Information Paper No. 3, Coastal Zone Inquiry, Australian Government Publishing Service, Canberra, 1993.
83. 64. The number and content of joint authority decisions are employed as a surrogate indicator for effectiveness of the offshore oil regime within the context of Commonwealth/state relations. Other indicators, such as exploratory drilling activity and expenditure, are more a function of oil company marketing strategies and investment priorities than closely reflecting intergovernmental policy, and their use would misrepresent the extent of joint authority decision making.
84. 65. Petroleum (Submerged Lands) Amendment Act 1991 (Cth) section 3.
85. 66. Hansard, House of Representatives, 8 May 1991 p. 3262
86. 67. Bradley, D. and Ingram, H., How federalism matters in natural resources policy. In Ocean Resources and US Intergovernmental Relations in the 1980s, ed. M. Silva. Westview Press, Boulder, 1986, pp. 37-73.
87. 68. Exmouth fears oil spill threat to local industry. The West Australian, 27 April 1993.
88. 69. Federal/state relations in the area of maritime jurisdiction were strained in July 1991 when the Greek-registerd ship Kirki struck a reef proximate to a length of unspoilt coastline, placing oil spill readiness plans under great stress. White, M., The Kirki oil spill: pollution in Western Australia. UWA Law Review, 1992, 22, 168-177.
89. 70. Environment Protection (Impact of Proposals) Act 1974 (Cth) section 5.
90. 71. Administrative Procedures under section 6 of the Environment Protection (Impact of Proposals) Act 1974 (Cth).
91. 72. Crommelin, M., Commonwealth involvement in environment policy: past, present and future. Environmental and Planning Law Journal, 1987, 4, 101-112.
92. 73. Administrative Procedures, Paragraph 1.2.1.
93. 74. Administrative Procedures, Paragraph 3.1.1(a).
94. 75. Administrative Procedures, Paragraph 3.1.1(b).
95. 76. Respectively, Administrative Procedures, Paragraph 9.5; Environment Protection (Impact of Proposals) Act 1974 (Cth) section 8.
96. 77. Blumm, M., The origin, evolution and direction of the United States National Environmental Policy Act. Environmental and Planning Law Journal, 1988, 5, 179-193.
97. 78. Gibb, S., Some proposals for reform of the Environment Protection (Impact of Proposals) Act. Australian Law Journal, 1996, 70, 553-570.
98. 79. Environment Protection Agency, Public Review of the Commonwealth Environment Impact Assessment Process. Discussion Paper, Australian Government Publishing Service, Canberra, 1994.
99. 80. Tasmanian Conservation Trust v. Minister for Resources and Gunns Limited. Unreported, Federal Court of Australia, NG 536 of 1994, 10 January 1995.
100. 81. Commonwealth of Australia Gazette No GN 46, 22 November 1995.
101. 82. Evans, N., Offshore oil updates. Australian Mining and Petroleum Law Association Bulletin, 1996, 15, 116-117.
102. 83. Nunn, R. M., Comment on environmental assessment. Australian Mining and Petroleum Law Journal, 1978, 1, 581-597.
103. 84. Department of Primary Industries and Energy Annual Report 1994-95, AGPS, Canberra.
104. 85. Tasmanian Conservation Trust v. Minister for Resources and Gunns Limited. Unreported, Federal Court of Australia, NG 536 of 1994, 10 January 1995.
105. 86. Munchenberg, S., Amendments to Commonwealth EIA procedures. Environmental and Planning Law Journal, 1995, 12, 235-237.
106. 87. Commonwealth of Australia Gazette No GN 25, 28 June 1995.
107. 88. Commonwealth of Australia Gazette No 5165, 5 May 1995.
108. 89. Court, J., Wright, C. and Guthrie, A., Environmental assessment and sustainability: are we ready for the challenge. Australian Journal of Environmental Management, 1996, 3, 42-57; Fowler, R., Environmental impact assessment: what role for the Commonwealth? - an overview. Environmental and Planning Law Journal, 1996, 13, 246-259.
109. 89. Court, J., Wright, C. and Guthrie, A., Environmental assessment and sustainability: are we ready for the challenge. Australian Journal of Environmental Management, 1996, 3, 42-57; Fowler, R., Environmental impact assessment: what role for the Commonwealth? - an overview. Environmental and Planning Law Journal, 1996, 13, 246-259.
110. 90. Blumm, M., The origin, evolution and direction of the United States National Environmental Policy Act. Environmental and Planning Law Journal, 1988, 5, 179-193.
111. 91. Greenpeace, Oil company under fire over $80m platform. The Australian, 20 March 1996.
112. 92. For the sake of completeness, it is worth commenting that within the 3 miles of Western Australian state waters offshore oil activity occurring under the mirror Petroleum (Submerged Lands) Act 1982 (WA) is subject to statutory environmental impact assessment pursuant to the state Environmental Protection Act 1986 (WA). The regime created under this statute differs greatly from that applicable to federal waters under the Commonwealth's Impact of Proposals Act. All stages of development activity in state waters - from exploratory leasing through to production and pipeline construction-are exposed to full public comment and independent evaluation by the Western Australian Environmental Protection Authority. See Wood, C. and Bailey, J., Predominance and independence in environmental impact assessment: the Western Australia model. Environmental Impact Assessment Review, 1994, 14, 37-59.
113. 93. For example, conditions are set under the Petroleum (Submerged Lands) Act 1967 (Cth) with respect to exploration permits (section 33), retention leases (section 38A), and production licences (section 56).
114. 94. House of Representatives Standing Committee on Environment and Conservation, Australian Coastal Zone Management. Australian Government Publishing Service, Canberra, 1980.
115. 95. Paragraph 198.
116. 96. Paragraph 174.
117. 97. Hildreth, R. G., Managing ocean resources: New Zealand and Australia. International Journal of Estuarine and Coastal Law, 1991, 6, 89-126.
118. 98. House of Representatives Standing Committee on Environment, Recreation and the Arts, The Injured Coastline. Australian Government Publishing Service, Canberra, 1991.
119. 99. The Injured Coastline, Paragraph 6.10.
120. 100. The Injured Coastline, Paragraphs 6.21-6.22.
121. 101. Hildreth, R., Australian coastal management: a North American perspective. Environmental and Planning Law Journal, 1992, 9, 165-174.
122. 102. The Injured Coastline, Recommendation 12.
123. 103. The Injured Coastline, Paragraph 3.38.
124. 104. Crawford, D. 'The Injured Coastline' - A Parliamentary report on coastal protection in Australia. Coastal Management, 1992, 20, 189-198.
125. 105. The Injured Coastline, Paragraphs 3.35-3.37.
126. 106. The Resource Assessment Commission was part of an effort to implement an accordist environmental policy in Australia. The findings of the RAC did not comport with the preferred policies of the Commonwealth, and it was disbanded after the Coastal Zone Inquiry. See Economou, N., Accordism and the environment: the Resource Assessment Commission and national environmental policy-making. Australian Journal of Political Science, 1993, 28, 399-412.
127. 107. Resource Assessment Commission, Coastal Zone Inquiry. Final report, Australian Government Publishing Service, Canberra, 1993, Paragraph 19.37.
128. 108. Department of the Environment, Sport and Territories, Living on the Coast - Commonwealth Coastal Policy. Australian Government Publishing Service, Canberra, 1995.
129. 109. The Commonwealth Coastal Policy is projected over a budgetary horizon of 4 years, and provides for an evaluation of progress after 3 years.
130. 110. Bradbrook, A., Energy law: the neglected aspect of environmental law. Melbourne University Law Review 1993, 19, 1-19.
131. 111. Haward, M., The Australian Offshore Constitutional Settlement. Marine Policy, 1989, 13, 334-348.
132. 112. Attorney-General's Department, Offshore Constitutional Settlement - A Milestone in Cooperative Federalism. Australian Government Publishing Service, Canberra, 1980.
133. 113. To be fair, the Commonwealth recognized the need for marine environmental law during the 1970s. Before the proposed Marine Environment Protection Bill was enacted, the initiative was regrettably lost with the demise of the Whitlam government in 1975 (mentioned earlier). A similar attempt was made in 1990 to create a marine environmental policy with the Coastal Waters (Environment Protection) Bill, which, like the earlier attempt, did not survive on the political agenda as it was the initiative of a minor party and lacked the support of the government.
134. 114. Evans, N., LOSC, Offshore resources and Australian marine policy. Marine Policy, 1996, 20, 223-227;
135. Rothwell, D., Australia and the United Nations Convention on the Law of the Sea. International Law News, 1994, 30-35.
136. 115. Parts XII and XIII are entitled, respectively, 'Protection and preservation of the marine environment' and 'Marine scientific research', wherein are detailed regimes for the regulation of these areas of marine policy.
137. 116. Brazil, P., UNCLOS comes into force - implications for mining. Australian Mining and Petroleum Law Association Bulletin, 1995, 14(1) 1-3.
138. 117. Offshore Minerals Act 1994 (Cth) section 13.
139. 118. Offshore Minerals Act 1994 (Cth) sections 29-34.
140. 119. Rothwell, D. and Haward, M., Federal and international perspectives on Australia's maritime claims. Marine Policy, 1996, 20, 29-46.
141. 120. Opeskin, B. R. and Rothwell, D. R., Australia's territorial sea: international and federal implications of its extension to 12 miles. Ocean Development and International Law, 1991, 22, 395-431.
142. 121. Hildreth, R., Australian coastal management: some North American perspectives on recent Queensland and other initiatives. Coastal Management 1992, 20, 255-268.
143. 122. Wilder, R. J., Cooperative governance, environmental policy, and management of offshore oil and gas in the United States. Ocean Development and International Law, 1993, 24, 41-62.
144. 123. Fischer, D., Hard mineral resource development policy in the US exclusive economic zone: a review of the role of the coastal states. Ocean Development and International Law, 1988, 19, 101-111.
145. 124. This comment borrows from the scheme of policy making described in Kingdon, J., Agendas, Alternatives, and Public Policies. HarperCollins, Boston, 1984.
146. 125. Cicin-Sain, B., Ocean resources and intergovernmental relations: an analysis of the patterns. In Ocean Resources and US Intergovernmental Relations in the 1980s, ed. M. Silva. Westview Press, Boulder, 1986, pp 241-262.
147. 126. Hunt, C. D., The offshore petroleum regimes of Canada and Australia: some comparative observations. Australian Mining and Petroleum Law Association Bulletin, 1990, 9, 103-111.