AIC Conference Proceedings

No. 26: Environmental crime : proceedings of a conference held 1-3 September 1993, Hobart

Neil Gunningham, Jennifer Norberry, and Sandra McKillop (eds.)
ISBN 0 642 21348 8 ; ISSN 1034-5086
Canberra: Australian Institute of Criminology, 1995

Introduction

These proceedings discuss the crucial issue of how to protect the environment. The papers examine whether criminal law is the most appropriate instrument or whether there are more flexible cost efficient means for curbing environmental degradation. Information based strategies, environmental audits and third party enforcement strategies are suggested as additional mechanisms of environmental regulation.

Contents

• Contents (PDF 114kB)
• Contributors (PDF 84kB)
• Glossary of terms/abbreviations (PDF 93kB)
• Introduction (PDF 28kB)
  Neil Gunningham and Jennifer Norberry
• The nature of environmental crime
  Brian Robinson, Environment Protection Authority, Victoria
• Criminal law and environmental protection : overview of issues and themes
  Nicola Pain, Commonwealth Environment Protection Agency
• Old wine in new bottles : difficulties in the application of general principles of criminal law to environmental law
  Zada Lipman, Macquarie University
• Practical difficulties in prosecuting environmental offenders
  Steven Molino, ERM Mitchell McCotter
• Tasmanian approaches to environmental offences
  Richard Bingham and Ian Woodward, Department of Environment and Land Management, Tasmania
• Problems with defending crimes against the environment
  Philip Clifford, Department of Environment and Land Management, Tasmania; and Sharon Ivey, Freehill, Hollingdale and Page, Western Australia
• The role of the NSW Land and Environment Court in environmental crime
  Paul Stein, Land and Environment Court of New South Wales
• Criminal responsibility in relation to offences in the Great Barrier Reef Marine Park
  Darin Honchin, Great Barrier Reef Marine Park Authority
• Corporate criminal liability
  Matthew Goode, Attorney-General's Department, South Australia
• Prosecuting the crown for environmental offences
  Andrew Beatty, Allen Allen and Hemsley, Sydney
• Australian pollution laws : offences, penalties and regulatory agencies
  Jennifer Norberry, Australian Institute of Criminology
• Prosecution guidelines : a commentary
  Dorelle Pinch, Environment Protection Authority, New South Wales
• Enforcing laws in a remote location : Antarctica
  Wendy Fletcher, Department of Environment, Sport and Territories, Tasmania
• The Intergovernmental Agreement on the Environment and proposals for uniform offences and penalties
  Rob Fowler, The University of Adelaide
• Recent developments in environmental criminal law in New South Wales
  Josephine Kelly, Barrister-at-Law, Sydney
• Pollution from ships : a global perspective
  Paul Nelson, Australian Maritime Safety Authority
• The environmental audit as a "sanction" or incentive under the Victorian Environmental Protection Act 1970
  Sandra Edmonds, Swinburne University of Technology
• Confidentiality of environmental audit documents
  Jan McDonald, Bond University
• Self-regulation
  Ian Prince, Kinhill Engineers Pty Ltd
• Empowering the public : information strategies and environment protection
  Neil Gunningham, Australian National University
• Citizen suits : tools for improving compliance with environmental laws
  David Mossop, Environmental Defender's Office, Sydney
• Bill of Rights legislation as a sanction against environmental offenders
  Peter Breen, Solicitor, Sydney
• Innovative enforcement mechanisms in the United States
  Mark Squillace, Australian National University; and University of Wyoming College of Law