LAW

Environmental law is an area of legal practice which is increasing in importance both nationally and internationally. This is reflected in the continuing expansion of environmental legislation enacted throughout Australia, as well as in the number of international conventions and treaties to which Australia is a signatory nation. Environmental law is a specialised area of legal practice as it provides the basis for the development, implementation and enforcement of regulatory control of the environment. In practice it encourages balanced and prudent environmental decision making for a wide range of environmental problems. These cover a broad spectrum of concerns such as sustainable use of natural resources, conservation of biodiversity, preservation of natural heritage, establishment of marine protection areas, management of toxic chemical hazards, environmental planning and management, and multiple use of large marine ecosystems. Issues such as these represent a major contemporary challenge for the management of marine environments, especially environmentally sensitive areas.

Because environmental disputes are founded predominantly on scientific and technical issues rather than questions of law, the law turns to science for answers to factual questions that are beyond the understanding and knowledge of non-scientists. Lawyers, who may not have had any scientific training, are then required to understand the scientific evidence, review it to ensure that it is consistent with the standards and criteria adhered to by scientists, and to apply this evidence to the dispute in question. These features illustrate clearly that environmental law is not the exclusive domain of lawyers or scientists. Rather, there must be integration of law and science to ensure that legal decisions are consistent with established scientific standards. This can be achieved by pursuing academic studies which focus on an interdisciplinary approach to law and science.

There are now 22 Law Schools in Australian universities which offer an undergraduate degree program in law. Environmental lawyers need to be familiar with many areas of law, including the traditional fields, for example torts, property, town planning, constitution and administrative law. However, anyone considering a career in marine resource management law would be well advised to have a bachelors degree in science, majoring in marine science, but including subjects that give them broad expertise across the environmental sciences.

Career opportunities range from professional legal practice, litigation and alternative dispute resolution, crown or corporate law, to careers in government and tertiary teaching.

Photo: The port of Townsville. In 1991 and 1992 the Commonwealth Administrative Appeals Tribunal heard application for a permit to erect within the Great Barrier Reef Marine Park new facilities for unloading imported nickel ore for a refinery 50 kilometres north of Townsville. During the 92 days of hearing, 78 witnesses gave evidence. Expert scientific witnesses included biologists, taxonomists, ecologists, chemists, toxicologists, impact assessment specialists, statisticians, and mathematical modellers.