Dr Ted Christie: Environmental Dispute Resolution and Sustainable Solutions

Developing the Murray-Darling Basin Plan is a classic sustainable development issue for water resources management. The conflict that exists between competing land use interests over Basin Plan ESD outcomes is a feature of public interest environmental conflicts ! The key to manage and resolve this information conflict relates to the appropriateness of the methodology used to achieve ESD outcomes in developing the Basin Plan? READ MORE …

TAGS: Water Act 2007 (Cth); MDB Plan; MDB Royal Commission; MDB Authority; Basin Plan; SDL; ESLT; ESD; Sustainable Solutions; community concerns; Nick James; Multi-Objective Analysis Some uncertainty exists between the MDB Royal Commission findings for achieving ESD outcomes and the MDB Authority’s response to these findings. Specifically, whether Basin Plan outcomes provide a framework for achieving sustainable long-term solutions in accordance with the statutory meaning of ecologically sustainable development  in the Federal Water Act? Two issues are reviewed: Basin Plan decision-making and primacy under the Water Act; and the scientific methodology to derive ESD outcomes. Problem-solving solutions are outlined.  READ MORE ,,,

TAGS:   MDB Plan; MDB Royal Commission; risk analysis; concern assessment; procedural fairness; public interest; Rio Declaration; Inter-Governmental Agreement on the Environment The interpretation and application of the precautionary principle, as it is defined in the Water Act, is problematic. The core of this problem is statutory interpretation.  Does the legal meaning for the precautionary principle, as defined in the Federal Water Act, effectively integrate law and science to resolve conflict over the MDB Plan? READ MORE ... Dr Ted Christie has had a long association with the precautionary principle:  In professional legal practice; research & publication in law & science; and as a Fulbright Professional Scholar (Award as a practising lawyer – “ The Precautionary Principle and Legal Decision-Making ”).

TAGS: Murray-Darling Basin Plan; best available scientific knowledge; statutory interpretation; peer review; objective criteria; error rate; relevant and reliable scientific evidence; Murray-Darling Basin Authority       There is no legal meaning provided in the Federal Water Act for the term “best available scientific knowledge”.      The outcome has been to ignite an information conflict between the MDB Royal Commission and the MDB Authority.       How should this conflict be best addressed? READ MORE …

    The release of the Report of the Murray-Darling Basin Royal Commission ignited significant controversy over the Basin Plan prepared by the MDB Authority.     The following key findings of the Royal Commission raise issues that may make decision-making by Government problematic for implementing the Commission’s recommendations: 1. Best available scientific knowledge; 2. Climate change and the precautionary principle; 3. Effective public participation and community consultation;  4. The triple bottom line: ecologically sustainable development; and 5. Mathematical modelling. These issues will be reviewed in a series of short articles that will be posted on this site along a pathway of conflict management and resolution. READ MORE ...

Key Words :   Tree clearing; legislation; living area; threatened species; critical habitat; economics; LULUCF; conservation; biodiversity; protected areas; scientific uncertainty; conflict. 1 .     Tree clearing in Queensland has been an ongoing source of conflict for Government, especially within the Land Use, Land Use Change and Forestry (“LULUCF”) categories of “ cropland management ” and “ grazing land management” 2.         Strict regulatory controls on the broad scale clearing of intact woodlands and forests should not be in dispute. 3.       On the other hand, control of regrowth on previously cleared land for agriculture and grazing, arising as a lease condition to achieve a “ Living Area ” - as prescribed under Queensland’s Land Act - requires careful consideration to avoid conflict. 4.      One source of conflict for the sustainable land use of cropland and grazing lands relates to act...