Australian Coastal And Marine Law

This book is a comprehensive guide to Australian coastal and marine law. Since the landmark enactment of the Seas and Submerged Lands Act 1973 (Cth), and the subsequent High Court decision in NSW v Commonwealth, there have been rapid developments in Australian coastal and marine law and policy. The Offshore Constitutional Settlement paved the way for offshore management between the Commonwealth, States and the Northern Territory, and from this foundation a raft of new environmental laws were adopted in the 1980s and 1990s, often promoted by international developments such as the 1982 United Nations Convention on the Law of the Sea, or through new marine pollution conventions adopted by the International Maritime Organisation. The book particularly reflects upon how Australian law regulates and manages a range of environmental issues which arise in the coastal zone and the marine environment. The Australian maritime domain is the focus of analysis, including all areas within State and Territorial jurisdiction, and areas within Commonwealth control and regulation. Activities that are subject to specific consideration include the continental shelf, fishing, indigenous rights, marine parks, marine pollution, ports and harbours, and shipping.

Follows on from the First and the Second editions of which White was the editor and wrote some of the chapters. In those earlier editions many eminent Australian maritime lawyers contributed chapters from their own point of view but in this new edition the author has tried to bring a consistency of treatment of topics which flows from the one author writing the entire work.

The sea change towards principled oceans governance / Donald R. Rothwell and David L. VanderZwaag -- Beyond the buzzwords : a perspective on integrated coastal and ocean management in Canada / Aldo Chircop and Larry Hildebrand -- Operationalizing integrated coastal and oceans management in Australia : the challenges / Veronica Sakell -- The application of compliance and enforcement strategies on Canada's Pacific coast / Francois Bailet, Janna Cumming, and Ted L. McDorman -- Integrated maritime enforcement and compliance in Australia / Sam Bateman. [et al.] -- Canada and the precautionary principle/approach in ocean and coastal management : wading and wandering in tricky currents / David L. VanderZwaag, Susanna D. Fuller, and Ransom A. Myers -- Australia and the precautionary principle : moving from international principles to domestic and local implementation / Lorne K. Kriwoken, Liza D. Fallon, and Donald R. Rothwell -- Marine ecosystem management : is the whole greater than the sum of the parts? / Bruce G. Hatcher and Roger H. Bradbury -- Ecosystem bill of rights / Richard J. Beamish and Chrys-Ellen M. Neville -- Community involvement in marine and coastal management in Australia and Canada / Marian Binkley. [et al.] -- Aboriginal title and oceans policy in Canada / Dianna Ginn -- Canada's seas and her first nations : a colonial paradigm revisited / Russ Jones -- Indigenous rights in the sea : the law and practice of native title in Australia / Geoff Clark -- Aboriginal peoples and ocean policy in Australia : an indigenous perspective / Rodney Dillon -- The challenge of international oceans governance : institutional, ethical, and conceptual dilemmas / Douglas M. Johnston.

Australian Offshore Laws brings together in one place a reference to all laws that apply to offshore Australian waters for the benefit of legal practitioners, regulators, academics and students. It demonstrates the unnecessary complexity of the Australian offshore legal regime and proposes, as a first step towards reform, a review of the Offshore Constitutional Settlement of 1979 (OCS 1979). It discusses the manner of present drafting of such laws as many Commonwealth, State, and Territory laws apply offshore but few are drafted in a manner which identifies their limits or recognises their interaction with other offshore laws of with the OCS 1979.

This volume identifies those issues that affect Australia and New Zealand’s maritime security, evaluating the issues from legal and political perspectives, as well as examining the issues within the broad framework of international law and politics. The book also addresses considerations in the Pacific, Asian and Antarctic regions.