Australia

The Structure and substance of environmental law in Australia are a reflection of each other. The structure is a complex matrix of a series of rules that perform a range of different but related functions within an increasingly integrated system: the substance a complex matrix of physical,biological and ecological matters that are interconnected with each other but also with the environment of which they are a part. The structure is the creation of the human mind. The substance exists independently of humans but is used and affected by them. The complexity of the law increasingly reflects the complexity of the environment by creating strategic, regulatory, and operational rules in response to the wide variety of human activities involving the environment. The intrinsic complexity of environmental law in Australia is compounded by the federal nature of the system. The Commonwealth - the federal institution - has no direct legislative power in relation to the environment. Accordingly the states have direct control of the environment and its resources. Since the 1980s the Commonwealth has relied upon the technique of indirect environmental governance. In addition the traditional sectoral approach has been increasingly giving way to a more integrated system driven by the fundamental principle of ecologically sustainable development, its supporting principles and the corollary notion of polycentric decision-making