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[20PacRimLPolyJ455] Victoria's Window Dressing: How the Environment Effects Act 1978 Failed at Bastion Point

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dc.contributor.author Wonhoff, Taylor K
dc.contributor.author Pacific Rim Law & Policy Journal
dc.date 2011-03
dc.date.accessioned 2011-03-21T15:50:10Z
dc.date.available 2011-03-21T15:50:10Z
dc.date.issued 2011-03
dc.identifier.citation 20 Pac. Rim L. & Pol'y J. 455 en_US
dc.identifier.issn 1066-8632
dc.identifier.uri http://hdl.handle.net/1773.1/1016
dc.description.abstract Abstract: In 1978, Victoria’s Parliament enacted the Environment Effects Act 1978 (“EEA”), creating procedures by which the state could call for environmental impact assessments prior to beginning work on proposed construction projects. The EEA, however, is significantly flawed, in that it authorizes the Planning Minister, an elected official, the power not only to promulgate guidelines for the administration of the environmental assessment process, but also the power to determine whether the environmental effects of a project are outweighed by the economic or social benefits of the project’s completion. A case study involving Bastion Point offers a prime example of the effect outside political interests may play in subverting the protection of the environment. With Bastion Point, the Planning Minister’s approval of a contentious construction proposal led a community group to sue the Planning Minister in Victoria’s Supreme Court, asserting he failed to adequately weigh the environmental effects of the proposed project under the Environment Effects Act 1978. The community group lost at the Supreme Court, but their case demonstrated the shortcomings of the EEA and the unreasonably high levels of discretion the Planning Minister enjoys. This comment argues that four changes should be made to the EEA to reduce the Planning Minister’s discretion in order to better protect the environment. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Pacific Rim Law & Policy Journal, University of Washington School of Law en_US
dc.subject Comment en_US
dc.title [20PacRimLPolyJ455] Victoria's Window Dressing: How the Environment Effects Act 1978 Failed at Bastion Point en_US
dc.type Article en_US
dc.rights.holder Copyright 2011 by Pacific Rim Law & Policy Association en_US


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