- The World Commission on Environment and Development, Our Common Future (Oxford University Press: Oxford, 1987) [hereinafter “the Brundtland Report”].
- Report of the UN Conference on the Human Environment (“Stockholm Declaration”), New York, 1972, UN Doc. A/Conf. 48/14 (1972).
- IUCN, World Conservation Strategy (International Union for the Conservation of Nature: Gland, Switzerland, 1980). The contribution of the World Conservation Strategy to the debate on sustainable development is explained in Michael Redclift, Sustainable Development—Exploring the Contradictions (Methuen: London and New York, 1987) at 20 et seq. Legal dimensions of the World Conservation Strategy are analysed in Francois Burhenne-Guilmin, Cyril de Klemm, Malcolm Forster and Barbara Lausche, “Environmental Law—Progress and Problems” in P. Jacobs and D.A. Munro (eds.), Conservation With Equity, (IUCN: Cambridge 1987).
- Brundtland Report, supra n. 1 at 8. 5 Id.
- Id. at 9.
- Id. c. 12 at 308 et seq. As well, a group of legal experts prepared a companion report. See Environmental Protection and Sustainable Development: Legal Principles and Recommendations (Kluwer Academic: London, 1987).
- P.F. Chester, “Energy Growth and Climate”, presented at St. John's College, Cambridge, January 31, 1989.
- Brundtland Report, supra n. 1 at 170.
- For a discussion of matters considered at the conference, see Dr. Hans Blix, “The World's Need for Nuclear Power”, presented at the Japan Atomic Industrial Conference, Tokyo, April 12, 1989.
- Id.
- Address on being sworn in as Chief Justice, (1952) 85 C.L.R. xiv.
- In a speech at the University of Virginia, reported in R. Menzies, Central Power in the Australian Commonwealth 55 (Cassell & Company Ltd: London, 1967).
- A. Mason, “The Role of a Constitutional Court on a Federation: A Comparison of the Australian and the United States Experience (1986-87) 16 Federal Law Review 1 at 5. For a discussion of these developments in Australian legal thinking, see P. Hanks, “The Political Dimension of Constitutional Adjudication” (1987) 10 University of New South Wales Law Journal 141.
- Convention on the Protection of the World Cultural and Natural Heritage, Treaty Series 1976, No. 45, Queen's Printer (Ottawa), 1979.
- World Heritage (Western Tasmania Wilderness) Regulations, 1983 (Cth.).
- The Commonwealth v. Tasmania (1984–85) 158 C.L.R.I (hereinafter referred to as “The Tasmanian Dam Case”).
- Richardson v. Forestry Commission (1988) 164 C.L.R. 261.
- Ozone Protection Act 1989 (Cth.).
- Vienna Convention for the Protection of the Ozone Layer, Vienna, March 22, 1985, I.L.M. 1529 (1987). Protocol on Substances that Deplete the Ozone Layer, Montreal, September 16, 1987, 26 I.L.M. 1541 (1987). The Vienna Convention and the Montreal Protocol are discussed in N.D. Bankes, “The Ozone Convention and Protocol: Further Steps Towards an International Law of the Atmosphere”, Resources No. 22, Spring 1988 (Canadian Institute of Resources Law: Calgary) and J. Owen Saunders, “Legal Aspects of Trade and Sustainable Development”, in The Legal Challenge of Sustainable Development 370 (Canadian Institute of Resources Law: Calgary, 1990).
- Hague Declaration on the Environment, 28 I.L.M. 1308 (1989).
- Resources Assessment Commission Act 1989 (Cth.).
- Convention for the Protection of the Natural Resources and Environment of the South Pacific Region (1987) 26 I.L.M. 38 (1987).
- Information on Canadian involvement has been gleaned from Annex 11 of the Brundtland Report, supra n. 1.
- “Environment Minister Seeks Stronger Economy/Environment Co-ordination Mechanisms”, Ministry of Environment Release PR-HQ-087–35, April 29, 1987.
- Report of the National Task Force on Environment and Economy, Submitted to the Canadian Council of Resource and Environment Ministers, September 24, 1987.
- Progress Report on the National Task Force on Environment and Economy, Submitted to the Canadian Council of Resource and Environment Ministers, October, 1988.
- Energy and Canadians into the 21st Century A Report on the Energy Options Process (Minister of Supply and Services Canada: Ottawa, 1988) (hereinafter “the Energy Options Report”), at 57.
- Jack Gibbons, Paul Muldoon and Marcia Valiante, “Sustainable Development: Its Implications for Energy Policy in Canada”, in The Legal Challenge of Sustainable Development 197, supra n. 20.
- Another critique of the Energy Options Report notes that one of the Report's greatest contributions is its very clear statement that the environment is as important in decision-making as economics, making it clear that an idea which was marginal in the 1970s has now become part of enlightened conventional wisdom: P.S. Elder and W.A. Ross. “Energy and Canadians into the 21st Century: The Energy Options Report”, Resources, No. 24, Fall 1988 (Canadian Institute of Resources Law: Calgary).
- For example, see Into the Mainstream: Strategies for a Secure Environment (Environment Canada: Ottawa, 1988) and the Northwest Territories Draft Environmental Protection Policy. The latter contains the following definition of sustainable development: “Means a form of social and economic growth which harmonises conservation and development goals”. Other examples of environmentally-oriented policy initiatives include the federal Department of Energy, Mines and Resources 1988 document entitled EMR's Commitment to the Environment.
- Canadian Petroleum Association, Environmental Code of Practice. The CPA has recommended that all its members implement this Code by the end of 1989. Some companies, such as the Crown corporation, Petro-Canada, have publicly issued a statement concerning their environmental protection policy. See Petro-Canada's Environmental Update, Volume 1, number 1, November, 1988.
- The four conferences are described in Stephen Woodley and Gordon Nelson, “A Tale of Four Conferences”, Alternatives, Vol. 16 No. 4/Vol. 17, No. 1 at 70.
- Globe ′90, Call for Papers.
- 35-36-37-Elizabeth II. For a brief review of CEPA, see J.F. Blakney, “Canadian Environmental Protection Act: A Review” (1988) 9 Can. Competition Pol. 4:24–27.
- For a review of CEPA in its earlier bill form, see Alastair R. Lucas, “The Canadian Environmental Protection Act” in Resources, No. 20, Fall 1987 (Canadian Institute of Resources Law: Calgary) 3.
- As part of the Quebec provincial election campaign launched in August, 1989, a provincial environmental bill of rights was promised. Globe and Mail, August 9, 1989, p. Al. In May, 1990, two major environmental bills (60 and 65) were introduced. In Alberta, a member of the New Democratic Party opposition introduced Bill 201, the Alberta Environmental Rights Act, into the Legislature in March, 1990. As a non-governmental bill, however, it did not pass. The Northwest Territories enacted an Environmental Bill of Rights in late 1990 and the newly-elected New Democratic Government in Ontario has committed itself to introduce legislation of this kind by mid-1991.
- The process, which included industry, labour and community and environmental groups took place over a period of six years.
- SOR/90–247.
- On July 1, 1989, Environmental Canada introduced regulations that will reduce the use of CFCs in Canada to 50 per cent. of their 1986 levels by 1999. See Federal/Provincial/Territorial Task Force on Energy and the Environment, Report on Reducing Greenhouse Gas Emissions 32 (August 1986) [hereinafter referred to as the “Report on Greenhouse Gas”].
- Minister of the Environment, A Framework for Discussion on the Environment 22 (Minister of Supply and Services Canada; Ottawa, 1990) [hereinafter referred to as “The Green Plan”].
- Id. at 23.
- “Countries still undecided on CO2 emissions cuts”, Environment Policy and Law, June 1990, Vol. 1, No. 3, p. 35. the Report on Greenhouse Gas, supra n. 40, stopped short of recommending that Canada adopt that recommendation of the Conference on the Changing Atmosphere held in Toronto in June 1988, by undertaking to reduce CO2 emissions by 20 per cent. of 1988 levels by 2005. Instead, the Task Force emphasised the need for more energy conservation, use of renewable energy, public education, etc.
- Supra n. 41.
- Government of Canada, Canada's Green Plan (Ottawa: Minister of Supply and Services Canada, 1990).
- Id. at 92, 57, 44, 35 and 55.
- For example, the CPA Environmental Code of Practice, supra n. 17 emphasises corporate responsibility to anticipate the potential positive and negative effects upon the environment.
- For an overview, see William J. Couch (ed.), Environmental Assessment in Canada 1988 Summary of Current Practice (Federal Environmental Assessment Office: Ottawa, 1988). See also, Michael I. Jeffrey, Environmental Approvals in Canada (Butterworths: Toronto and Vancouver, 1989).
- The Ontario process has undergone a critical review. See Robert B. Gibson and Beth Savan, Environmental Assessment in Ontario (Canadian Environmental Research Foundation, December, 1986).
- Two interesting review documents are Federal Environmental Assessment Review Office, The National Consultation Workshop on Federal Environmental Assessment Reform (Minister of Supply and Services Canada: Ottawa, 1988) and Public Review: Neither Judicial, Nor Political, But An Essential Forum for the Future of the Environment, A Report Concerning the Reform of Public Hearing Procedures for Federal Environmental Assessment Reviews (Minister of Supply and Services Canada: Ottawa, 1988). Legislation regarding EIA was under consideration by Parliament in the fall of 1990. Bill C-78, an Act to establish a federal environmental assessment process, 2d sess., 34 Parl. 1989–90.
- (1989) 3 C.E.L.R. 287, [1989] 4 W.W.R. 286 (Fed.Ct.Tr.Div.), 4 C.E.L.R. 1, 99 N.R. 72 (Fed.C.A.) [hereinafter referred to as the “Rafferty-Alameda” case].
- The approach adopted in the Rafferty-Alameda case was followed by the Federal Court of Appeal in Friends of the Oldman River Society v. Minister of Transport et al., (Action No. A-395-89), rev'g. (1990) 4 C.E.L.R. (N.S.) 137 (Fed.Ct.Tr.Div.).
- On February 8, 1990, the Minister of Energy, Mines and Resources wrote to the Chairman of the National Energy Board (NEB) to inquire how the NEB had complied or would comply with EARP in its gas export decisions. The NEB subsequently put questions to gas exporters concerning the environmental impact of their activities. For further detail, see J. Thomas Brett, “The National Energy Board has been requested to apply the environmental assessment act (sic) review process guidelines order in assessing natural gas export license applications”, Natural Gas Regulatory Newsletter, Vol. 1, No. 2, May 25, 1990.
- P.S. Elder and W.A. Ross, “How to Ensure that Developments are Environmentally Sustainable”, in The Legal Challenge of Sustainable Development, supra n. 20 at 124.
- The New Zealand Constitution Act 1986 continues the unicameral legislative structure, enabling the majority party to govern according to cabinet decision. The constitution is not entrenched, and no paramount bill of rights or constitution powers exist to enable the courts to declare statutes invalid.
- D.A.R. Williams, Environmental Law 236 (Butterworth: Wellington, 1980). The Ministerial portfolio and the Commission lacked a specific staturory base, and remained a minor influence until reconstituted under the Environmental Act 1986 (infra).
- Environmental Administration in New Zealand, A discussion paper, 12 (State Services Commission: Wellington, 1984).
- Antarctica Act 1960 (NZ). The Antarctic Treaty was signed at Washington on December 1, 1959. Antarctic Marine Living Resources Act 1981 (NZ)—Conservation Convention signed at Canberra on August 1, 1980. See also G.D. Triggs, ed., The Antarctic Treaty Regime, 1980, 146 (Cambridge U.P., 1987). In 1972, another convention was concluded to protect seals.
- Supra n. 57 at 10.
- Supra n. 57. The new Minister for the Environment was the Hon. Russell Marshall, a former ordained minister of religion.
- Environment 1986. Report of the Post-Environment Forum Working Party (State Services Commission: Wellington, 1985).
- See Environment Act 1986 (NZ), part I—Parliamentary Commissioner for the Environment who continues EIR audit functions; part II—Ministry for the Environment establishment and functions. Conservation Act 1987, s.6 (functions of department).
- Public Works Amendment Act 1988, s.5—abolition of Ministry of Works and Development on April 1, 1988; Ministry of Works and Development Abolition Act 1988—redistribution of functions to other ministries and public bodies.
- The major review was facilitated at a political level with the appointment of the Prime Minister, the Right Hon. Geoffrey Palmer to be also the Minister for the Environment.
- Ecological Principles for Resource Management 67 (Ministry for the Environment: Wellington, July 1988).
- People, Environment, and Decision Making: the Government's Proposals for Resource Management Law Reform 5, 19, 20. (Ministry for the Environment: Wellington, December 1988).
- The conference proceedings are found in Saunders, supra n. 20.
- A general parliamentary election held in October 1990, led to the defeat of the Labour Government. The new National Government has announced its intention to proceed with the reform project.
- Ministerial policy announcement, March 1990, concerning beech forest protection. Also Trade in Endangered Species Act 1989, implementing the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Washington DC, March 3, 1973), and extending to all animal species (other then human beings).
- Resource Management Bill 1989, part XV. This part may be separately enacted under another title. Pesticide control will be a key function: Pesticides Act 1979. Also Toxic Substances Act 1979 (handling of toxic substances).
- South Pacific Nuclear Free Zone Treaty of August 6, 1985 (approved by the 15th South Pacific Forum at Tuvalu, Hon David Lange, Prime Minister for New Zealand).
- New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987. The Act also implements the Treaty Banning Nuclear Weapons Tests in the Atmosphere (August 5, 1963); the Treaty on the Non-Proliferation of Nuclear Weapons (July 1, 1969); the Treaty on the Prohibition of Nuclear Weapons on the Sea-bed (February 11, 1971), and the Convention on the Prohibition of the Development of Bacteriological and Toxin Weapons (April 10, 1972). The National Party (in opposition) opposed the 1987 Act, but in March 1990 reversed its policy and now endorses the nuclear prohibition. The Crown has the right to license nuclear fission under the Atomic Energy Act 1945, and the use of substances and apparatus under the Radiation Protection Act 1965.
- Ozone Layer Protection Bill 1989. The non-indigenous people in New Zealand have a significant rate of skin cancer, which is related to the depleted ozone layers crossing the country from time to time.
- See Triggs, supra n. 58 at 146, 184 (mineral resource principles), Cf. “Environment Update”, (Ministry for the Environment, No. 14, September 1989)—former ministerial view supporting CRAMRA; “Environment Update” (Ministry for the Environment, No. 16, March 1990)—new policy to oppose ratification.
- Climatic Change, A Review of Impacts on New Zealand (Ministry for the Environment: Wellington, April 1990). Responding to Climate Change, A Discussion of Options for New Zealand (Ministry for the Environment: Wellington, May 1990).
- See e.g. R. v. Crown Zellenbach [1988] I.S.C. R.401, which recognised federal legislative power, pursuant to the “peace, order and good government” (pogg) clause, to deal with marine pollution.
Journal of Energy & Natural Resources Law
Volume 9, 1991 - Issue 1