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Some Australian examples of the integration of environmental, economic and social considerations into decision making: the jurisprudence of facts and context

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Chapter Summary

This chapter provides an overview of the processes leading to State and federal laws requiring the sustainable development of natural resources. It does this through the lens of judicial interpretation in key cases of the multifaceted concept of sustainable development. In particular, the jurisprudence on Ecologically Sustainable Development (ESD) has developed in six specific contexts in Australia to date, namely the law relating to carbon emissions, tuna fisheries, land use planning in coastal areas subject to sea level rises, wind farms, mobile phone towers, and freshwater planning and allocation decisions. The chapter starts by reviewing the process of the adoption of the concept of sustainable development in Australian policy and laws. The definitions used and the manner in which it is inserted into these laws are briefly reviewed in the light of international events prompting this change.

Keywords:Australian laws; decision making; ecologically sustainable development (ESD); federal laws; freshwater planning; jurisprudence; state law



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