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A Duty of Care for the Protection of Biodiversity on Land

Author

Listed:
  • Gerry Bates

    (Australian National University)

Abstract

„h The overarching policy framework for resource use and management in Australia is Ecologically Sustainable Development (ESD). ESD requires decision-makers to take into account economic development, the environment and social factors in their decisions. „h Australian legislation has tended to incorporate ESD as an input to decision- making, rather than as an outcome. In addition, there is a lack of guidelines on how to weight the components of ESD. Hence the implementation of ESD in Australia may not ensure adequate biodiversity protection. „h There is therefore merit in considering complementary approaches to ensuring adequate protection. In its 1998 inquiry into Ecologically Sustainable Land Management, for example, the Industry Commission proposed the introduction of a statutory duty of care. However, questions remain about how such a duty would work in practice.

Suggested Citation

  • Gerry Bates, 2001. "A Duty of Care for the Protection of Biodiversity on Land," Others 0105002, University Library of Munich, Germany.
  • Handle: RePEc:wpa:wuwpot:0105002
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    Citations

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    Cited by:

    1. Godden, David P. & Skellern, Matthew, 2006. "Natural Resources and the Environment," 2006 Conference (50th), February 8-10, 2006, Sydney, Australia 137772, Australian Agricultural and Resource Economics Society.
    2. Byron, Neil Holland & Holland, Paula & Schuele, Michael, 2001. "Constraints on Private Conservation: Some Challenges in Managing Australia's Tropical Rainforests," Conference Workshop Proceedings 31910, Productivity Commission.
    3. Unknown, 2002. "Pastoral Leases and Non-Pastoral Land Use," Commission Research Papers 31900, Productivity Commission.
    4. Phillip Hone & Iain Fraser, 2004. "Resource Management and Duty of Care," Agenda - A Journal of Policy Analysis and Reform, Australian National University, College of Business and Economics, School of Economics, vol. 11(3), pages 195-209.
    5. Crean, Jason, 2003. "Agri-environmental conservation – the case for an environmental levy," 2003 Conference (47th), February 12-14, 2003, Fremantle, Australia 57856, Australian Agricultural and Resource Economics Society.
    6. Aleta Lederwasch & Pierre Mukheibir, 2013. "The Triple Bottom Line and Progress toward Ecological Sustainable Development: Australia’s Coal Mining Industry as a Case Study," Resources, MDPI, vol. 2(1), pages 1-13, March.
    7. Yang, Wanhong & Bryan, Brett A. & MacDonald, Darla Hatton & Ward, John R. & Wells, Geoff & Crossman, Neville D. & Connor, Jeffrey D., 2010. "A conservation industry for sustaining natural capital and ecosystem services in agricultural landscapes," Ecological Economics, Elsevier, vol. 69(4), pages 680-689, February.

    More about this item

    Keywords

    environment; duty of care; biodiversity; common law;
    All these keywords.

    JEL classification:

    • P - Political Economy and Comparative Economic Systems
    • Q - Agricultural and Natural Resource Economics; Environmental and Ecological Economics
    • Z - Other Special Topics

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