5. What do you see as the main attributes of environmental decision-making in NSW? What changes, if any, need to be made to the law to protect the environment? 6. Former head of EDO NSW, Sue Higginson said about environmental law in Australia: “There are many aspects of our environmental legal system that I view as world class. However, there are still things I would like to change……Mostly I would like to see an absolute end to extinction. This would involve requiring legal obligations to recover threatened species and ecosystems away from the brink of extinction and addressing our climate-changed future.” To what extent do you agree with her? Use the experience of environmental law in NSW to back up your argument. 7. In a media release on 18 August 2015, the Federal Attorney General stated: “The Government has decided to protect Australian jobs by removing from the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the provision that allows radical green activists to engage in vigilante litigation to stop important economic projects. Section 487 of the EPBC Act provides a red carpet for radical activists who have a political, but not a legal interest, in a development to use aggressive litigation tactics to disrupt and sabotage important projects. Assess and critically evaluate this statement in the light of case law in Australia. 8. “Environmental crime is an oxymoron and is unhelpful in understanding the regulation of the environment in Australia”. Analyse with reference to legislation and cases in NSW. 9. Select any area of law in Australia. Assess and critically evaluate its efficacy in protecting the environment.
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