ENVIRONMENTAL LAW REGIMES—PETROLEUM OPERATIONS IN AUSTRALIA'S OFFSHORE AREAS

1995 ◽  
Vol 35 (1) ◽  
pp. 813
Author(s):  
D.A. Cole
Keyword(s):  
Environmental Management ◽  
Environmental Law ◽  
Petroleum Industry ◽  
Northern Territory ◽  
Assessment Process ◽  
Environmental Laws ◽  
Risk Assessment Process ◽  
Community Awareness ◽  
Commonwealth Government ◽  
Potential Impact

Increasing petroleum activity in Australia's off­shore areas is heightening industry, government and community awareness of the potential impact of these operations on marine ecosystems and coastal environments.The Offshore Constitutional Settlement of the late 1970s has resolved the issue of allocation of governmental rights and powers over the resources of the sea and the seabed. However, the application of environmental laws to those areas remains largely untested. A complex web of legislation—State, Ter­ritory and Commonwealth—may apply to proposed and on-going petroleum activities.The Commonwealth Government has substantial power to intervene to protect environmentally sen­sitive areas whether they are within areas of the sea over which that government or the states or the Northern Territory have primary jurisdiction. De­spite the recent Intergovernmental Agreement on the Environment, substantial ultimate power re­sides with the Commonwealth to protect the envi­ronment, particularly through the use of the exter­nal affairs power. The politically fluid nature of environmental management in offshore areas adds an important dimension to the commercial risk assessment process for the petroleum industry.

scholarly journals IMPLIKASI POLITIK KEBIJAKAN HUKUM PIDANA DALAM UUPLH

2018 ◽  
Vol 25 (2) ◽  
pp. 147
Author(s):  
David Aprizon Putra
Keyword(s):  
Environmental Management ◽  
Law Enforcement ◽  
Criminal Law ◽  
Environmental Law ◽  
Criminal Code ◽  
Administrative Law ◽  
Political Elites ◽  
Political Choice ◽  
Environmental Laws ◽  
Set Up

Political Law is one of the discourses that control the existence of law.One of the realm of law that has recently received the spotlight and serious attention. Particularly related to the legal political option is the environment law that increasingly strong day include criminal law enforcement in law enforcement. There are some weak things that then have negative implications, against the enforcement of environmental laws related to the lack of cautious political choice. Since 1982 in Law No. 4 of 1982 on the Principles of Environmental Management which was changed in 1997 into Law No. 27 of 1997 on Environmental Management, the legal politics of criminal law policy has been conducted, that the criminal law policy in the realm of the environment is already a choice of legal politics in the realm of environmental law. Law Number 32 Year 2009 About PPLH as the latest generation, adds Chapter XV of the Criminal Code in its charge of 23 Articles. Law Number 32 Year 2009 contains a much more complete criminal provision than Law Number 23 Year 1997. Although there is still much to be fixed on the provisions of Law Number 32 Year 2009. Base on research shows that there are special procedural laws that regulate formal law enforcement. It is based on the principle of ultimum remedium which means that the implementation of the criminal law must wait until the effectiveness of administrative law is upheld. To minimize obstacles in enforcing environmental laws which are sometimes used by political elites to seek profit, formal laws against environmental crimes should be set up specifically with the Act.

scholarly journals The Impact of Environmental Management Plans on Firms’ Compliance with Governmental Regulations and Environmental Laws

2015 ◽  
Vol 5 (1) ◽  
pp. 30
Author(s):  
Hlamulo Reply Makelane
Keyword(s):  
Environmental Management ◽  
Impact Assessment ◽  
Industrial Development ◽  
Environmental Law ◽  
Research Question ◽  
Environmental Damage ◽  
Environmental Standards ◽  
Environmental Laws ◽  
The Impact ◽  
Laws And Regulations

<p class="emsd"><span lang="EN-GB">Many developed and developing countries have enacted environmental laws and regulations to control water quality and the environment. However, human activities, such as agriculture, urban and industrial development, mining, and recreation, significantly alter the quality of natural environments and their potential use. The compliance of firms with environmental laws is of great concern to scientists, governments, and regulatory agencies. The presence of hazardous chemicals in water resources even in small amounts may cause massive environmental damage. Thus, governments pass environmental laws and regulations to monitor human activity and enforce compliance with environmental standards. This study investigates the potential to improve firms’ compliance with environmental standards by implementing an environmental management plan (EMP) within a public firm and a private firm in South Africa. EMP implementation is required to mitigate and manage environmental risk. This study asks the following research question: To what extent does EMP implementation enhance a firm’s compliance to environmental laws and regulations? Further, to what extent are the specific characteristics of a firm associated with various EMP categories? The study used methods of inspection, observation, impact assessment, implementation, and monitoring to answer the research question. In both firms under study, the results showed no compliance with environmental law during initial site inspection and impact assessment. However, the implementation of EMPs in both firms improved compliance with environmental laws to nearly one hundred percent. As a result, EMPs were successfully implemented and monitored, improving the firms’ compliance with environmental laws and reducing negative environmental impacts to an insignificant level.</span></p>

scholarly journals PEMBANGUNAN BERKELANJUTAN MENJADI DASAR TERINTEGRASI DALAM PEMBANGUNAN SUATU WILAYAH BERDASARKAN UNDANG-UNDANG NO. 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP

LEGALITAS ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 65
Author(s):  
Farahwati Farahwati
Keyword(s):  
Environmental Management ◽  
Sustainable Development ◽  
Law Enforcement ◽  
Natural Resources ◽  
Natural Environment ◽  
Environmental Law ◽  
Development Planning ◽  
Environmental Laws ◽  
Judicial Procedures ◽  
Environmentally Sound

The environment on earth as regulated in Law No. 32 of 2009concerning Environmental Protection and Management, thatenvironmental management consists of the natural environment inaccordance with the understanding of ecosystem life and socialenvironment that is illustrated by the existence of human groups both insociety and in families and refers to the understanding of humanity(humanism), so that includes understanding about between nations,interregion and the built environment (originally thought to be man-made;man-made environment).Development needs to pay attention to environmental conditionsthat exist from the physical side (soil, water, air), biotics (flora, fauna),and culture (culture, interactions between people). Environmental qualityconditions will tend to continue to decline if not balanced with the conceptof sustainable development planning in an effort to preserve the existingenvironmental functions.The implementation of environmentally sound development and thecontrolled use of natural resources wisely is the main objective ofenvironmental management. Sustainable development is very closelyrelated to environmental management programs and policies.The nature of environmental law enforcement in sustainabledevelopment covers all environmental law systems with the aim ofprotecting and properly managing the environment and is an activity toimplement and apply just environmental laws and take legal actionagainst any violations or deviations of law committed by legal subjectseither through judicial procedures or through non-judicial procedures.Legal norms are the most dominant rules that are enforced with powerand for their violations subject to certain sanctions that have beenestablished by the State.

scholarly journals SINERGI PELAKSANAAN PENEGAKAN HUKUM LINGKUNGAN INDONESIA

2014 ◽  
Vol 3 (3) ◽  
pp. 237
Author(s):  
Eka Merdekawati Djafar
Keyword(s):  
Environmental Management ◽  
Law Enforcement ◽  
Environmental Law ◽  
Law Enforcement Officers ◽  
Law Enforcement Agencies ◽  
Environmental Laws ◽  
The Public ◽  
The Creation ◽  
The Law

Enforcement of environmental laws is expected to be carried out in synergy by law officers who are scattered in various law enforcement agencies in general and particularly in relation to environmental management. Understanding of the substance of environmental law should not be done partially adherence to environmental laws, both by the public and law enforcement officers itself so to create a legal substance is completely and thoroughly that understanding can be removed to the sectoral legislation. Likewise strongly support the creation of culture law enforcement of environmental law implementation synergies among law enforcement officers. It is intended that the law enforcement agencies have the same perception of the implementation of environmental law enforcement. Keyword : “ Law enforcement” and “ Environmental Law”

scholarly journals The Impact of Sustainability Awareness and Moral Values on Environmental Laws

2021 ◽  
Vol 13 (11) ◽  
pp. 5882
Author(s):  
Rita Yi Man Li ◽  
Yi Lut Li ◽  
M. James C. Crabbe ◽  
Otilia Manta ◽  
Muhammad Shoaib
Keyword(s):  
Sustainable Development ◽  
Developing Countries ◽  
Environmental Law ◽  
Developed Countries ◽  
Moral Values ◽  
Web Pages ◽  
Environmental Legislation ◽  
Environmental Laws ◽  
Academic Publications ◽  
The Impact

We argue that environmental legislation and regulation of more developed countries reflects significantly their moral values, but in less developed countries it differs significantly from their moral values. We examined this topic by using the keywords “sustainability” and “sustainable development”, studying web pages and articles published between 1974 to 2018 in Web of Science, Scopus and Google. Australia, Zimbabwe, and Uganda were ranked as the top three countries in the number of Google searches for sustainability. The top five cities that appeared in sustainability searches through Google are all from Africa. In terms of academic publications, China, India, and Brazil record among the largest numbers of sustainability and sustainable development articles in Scopus. Six out of the ten top productive institutions publishing sustainable development articles indexed in Scopus were located in developing countries, indicating that developing countries are well aware of the issues surrounding sustainable development. Our results show that when environmental law reflects moral values for betterment, legal adoption is more likely to be successful, which usually happens in well-developed regions. In less-developed states, environmental law differs significantly from moral values, such that changes in moral values are necessary for successful legal implementation. Our study has important implications for the development of policies and cultures, together with the enforcement of environmental laws and regulations in all countries.

Sign in / Sign up

Export Citation Format

Share Document