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Energy Law and the Environment

By: Rosemary Lyster, Adrian Bradbrook

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Paperback | 1 May 2006

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262 Pages

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22.86 x 15.24 x 1.4

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Unsustainable practices worldwide in energy production and consumption have led to a plethora of environmental problems. Until recently environmental law largely overlooked the relevance of energy production and consumption; energy was seen to be of little significance to the advancement of sustainable development. This has changed since 2000 with the global concern attached to climate change, the publication by the United Nations of the World Energy Assessment and the detailed consideration given to this issue at the World Summit on Sustainable Development in Johannesburg in 2002. Australia has been seen to be lagging behind the other major industrialised nations of the world in addressing sustainable energy issues. This book was first published in 2006.

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Non-Fiction Law Laws of Specific Jurisdictions Environment Environment Law Economics Development Economics & Emerging Economies Company Law Energy & Natural Resources Law International Law Public International Law International Environmental Law

List of figures & tables	p. xiii
Table of cases	p. xiv
Table of statutes	p. xv
Preface	p. xx
Overview of energy production and use in Australia	p. 1
Energy production and trade in Australia	p. 1
How Australia uses energy	p. 2
Uptake of renewable energy in Australia	p. 3
The Allen Consulting Group's Sustainable Energy Jobs Report	p. 4
Renewable Energy Action Agenda	p. 5
The role of biofuels	p. 7
Is there a place for nuclear energy in Australia's future energy mix?	p. 8
Energy technologies and sustainable development	p. 10
Energy efficiency technologies	p. 11
Buildings	p. 11
Domestic appliances	p. 12
Road transport	p. 12
Industry	p. 13
Renewable energy resources	p. 16
Solar energy	p. 16
Wind energy	p. 19
Geothermal energy	p. 21
Biomass	p. 22
Other renewable energy resources	p. 23
Hydrogen and fuel cell vehicle technology	p. 25
Advanced fossil fuel and nuclear technologies	p. 26
The role of the law	p. 28
Law in context	p. 28
Law, economics and education	p. 29
The meaning and scope of energy law	p. 30
Energy, international environmental law and sustainable development	p. 34
The role of energy in international law	p. 34
Customary international law	p. 38
Conventions	p. 41
The Acid Rain Convention	p. 41
Nuclear energy conventions	p. 45
Conventions relating to nuclear safety standards and State responsibility	p. 46
Nuclear emergencies conventions	p. 49
Climate Change Convention and Kyoto Protocol	p. 50
The United Nations Framework Convention on Climate Change (UNFCCC)	p. 52
The Kyoto Protocol	p. 53
Energy Charter Treaty and Protocol on Energy Efficiency	p. 57
Energy Charter Treaty	p. 58
Protocol on Energy Efficiency and Related Matters	p. 60
Non-binding declarations	p. 66
United Nations Conference on Environment and Development (UNCED)	p. 66
The Rio Declaration	p. 66
Agenda 21	p. 67
Millennium Development Goals	p. 68
World Summit on Sustainable Development	p. 68
Accessibility of energy	p. 69
Energy efficiency	p. 70
Renewable energy	p. 70
Advanced fossil fuel technologies	p. 70
Energy and transport	p. 70
Johannesburg Plan of Implementation	p. 71
Climate change	p. 73
The G8 Gleneagles 2005 Plan of Action	p. 74
Conclusion	p. 76
Evaluating Australian government initiatives on energy, climate change and the environment	p. 78
Australia's vulnerability to climate change	p. 78
Constitutional responsibility for managing energy and climate change	p. 80
The Australian government's responses at an international level to greenhouse gas emissions	p. 81
Responses from civil society to the refusal to ratify Kyoto	p. 84
The Federal government adopts a 'no-regrets' policy on climate change	p. 85
The Senate reviews the Federal government's response to global climate change	p. 87
Restructuring and underspending of the AGO	p. 88
The Australian National Audit Office audits the AGO	p. 89
Planning for results and program objectives	p. 89
The design of performance measures	p. 90
The design of program delivery	p. 90
Guidelines and applications	p. 90
Appraisal and selection	p. 90
Management and monitoring of agreements	p. 91
Evaluation and reporting	p. 91
Public reporting on results	p. 91
Conclusions	p. 91
Has the Australian government legislated to bring energy and climate change within its environmental assessment jurisdiction?	p. 92
Environment Protection and Biodiversity Conservation Act 1999 (Cth)	p. 92
Draft 'greenhouse trigger' under the EPBCA: where is it hiding?	p. 93
Assessing wind farm developments under the EPBCA	p. 93
Are forestry activities a matter of national significance?	p. 94
Renewable energy legislation at the Federal level	p. 95
Renewable Energy (Electricity) Act 2000 (Cth)	p. 95
Creating Renewable Energy Certificates	p. 96
Renewable energy sources	p. 96
'Liable entities' under the Act	p. 97
Acquiring sufficient RECs: what risks for 'liable entities'?	p. 98
False predictions of total acquisitions	p. 99
Calculating the RPP	p. 99
Predicting the RPP for any given year	p. 100
Lodging energy acquisition statements	p. 100
Auditing of 'liable entities'	p. 101
Registers	p. 101
Review of the Act	p. 102
Progress towards MRET objectives	p. 102
Wider economic, social and environmental objectives	p. 102
Energy, environment and industry policy considerations	p. 102
Refining the MRET measure	p. 103
Eligibility and operational issues	p. 103
Other recommendations	p. 104
Australian government response to MRET review	p. 104
Sustainable fuel initiatives	p. 104
Emissions from fuel	p. 104
Encouraging biodiesel and ethanol	p. 105
Energy efficiency and motor vehicles	p. 107
Clean coal technology	p. 108
Australia joins new Asia-Pacific Partnership on Clean Development and Climate	p. 110
Sustainable energy in the Australian electricity and gas sectors	p. 112
Restructuring Australia's electricity sector	p. 113
Restructuring of electricity markets and environmental impacts: international experience	p. 113
US Congress	p. 116
Denmark	p. 117
The Australian experience of electricity restructuring	p. 118
Are COAG agreements constitutionally sound?	p. 120
How the National Electricity Market works	p. 121
What have been the environmental impacts of the NEM?	p. 123
COAG agrees to review the NEM	p. 124
Changes to the regulation of the NEM	p. 126
New regulatory bodies	p. 127
Criticism of the 2005 energy market reforms	p. 128
How did the environmental impacts of the NEM fall off the agenda?	p. 129
Restructuring Australia's gas market	p. 129
Reform of Australia's gas market	p. 130
The Gas Access Regime and the Gas Code	p. 130
Recent review of the Australian gas market	p. 131
Australia's gas market is still emerging	p. 131
Perceptions of regulatory uncertainty	p. 131
Need to increase upstream competition	p. 131
Need for government facilitation of new gas projects	p. 132
Impact of greenhouse gas measures	p. 132
Removal of market distortions in the retail sector	p. 132
Proposed solutions	p. 133
MCE accepts need for further penetration of gas into Australian energy market	p. 133
Conclusion	p. 134
Implications of the US/Australia free trade agreement for a sustainable energy sector	p. 135
Investment and services	p. 135
The need to design a sustainable energy market for Australia	p. 136
The need for enforceable legal measures rather than voluntary programs	p. 137
State government initiatives on energy and the environment	p. 139
Greenhouse gas initiatives	p. 139
Profile of State greenhouse gas emissions	p. 139
States agree to establish a carbon emissions trading scheme	p. 140
New South Wales Greenhouse Benchmarks Scheme	p. 141
ACT Greenhouse Benchmarks Scheme	p. 144
Recognising a carbon sequestration right	p. 145
States develop greenhouse strategies	p. 146
NSW Greenhouse Strategy	p. 146
Victoria's Greenhouse Strategy	p. 147
Queensland's Greenhouse Strategy	p. 149
South Australia's Greenhouse Strategy	p. 149
Western Australia's 2004-08 Greenhouse Strategy	p. 150
Integrating planning, development assessment and greenhouse gas emissions	p. 151
New South Wales	p. 151
Planning and sustainable buildings	p. 152
Victoria	p. 153
Planning law	p. 153
Design and construction guidelines	p. 154
Queensland	p. 155
Sustainable housing initiatives	p. 155
State governments commit to green power	p. 155
What is green power?	p. 155
Advantages of green power schemes	p. 159
Disadvantages of green power schemes	p. 160
Other sustainable energy initiatives	p. 163
Establishment of sustainable energy agencies at State government level	p. 163
State-based renewable energy legislation	p. 163
Victoria gives legislative support to wind farms	p. 163
Victorian government enacts Geothermal Energy Resources Act 2005 (Vic)	p. 164
Queensland promotes geothermal energy	p. 165
NSW government regulates large-scale wind farms and burning biomass energy as renewable energy sources	p. 166
South Australia regulates renewable energy facilities	p. 167
State initiatives on demand-side management and energy efficiency	p. 169
Demand-side management	p. 169
DSM in NSW	p. 170
Victoria's Essential Services Commission adopts DSM measures	p. 173
Demand management initiatives in South Australia	p. 173
Energy performance standards and labelling requirements	p. 174
Appliances	p. 174
Buildings	p. 179
A sustainable energy law future for Australia	p. 182
Where is the Australian government going with energy: Securing Australia's Energy Future?	p. 182
Fuel excise reform	p. 183
Energy efficiency	p. 184
Providing energy security	p. 185
Energy and climate change	p. 185
Industry responses to Securing Australia's Energy Future	p. 188
Senate Environment, Communication, Information Technology and the Arts References Committee responds to Securing Australia's Energy Future	p. 188
Summary and comment	p. 189
Inspiration for a sustainable energy framework from overseas jurisdictions	p. 190
Energy and carbon taxes	p. 190
Clean Energy tax incentives	p. 190
National market-oriented emissions reductions schemes for the electricity sector	p. 191
Participation in international or national emissions trading schemes	p. 192
Will we ever have a domestic carbon emissions trading scheme in Australia and what might it look like?	p. 192
Effective Renewable Portfolio Standards	p. 193
Systems-benefits charge/public benefit funds	p. 195
Demand-side management programs	p. 195
Mandatory labelling of consumer bills	p. 196
'Feed laws'	p. 196
Other international, national or State law reform measures	p. 198
International law	p. 198
National or State law	p. 199
Solar energy	p. 201
Wind energy	p. 202
Geothermal energy	p. 202
Energy efficiency in industry	p. 203
Hydrogen	p. 205
Clean coal, oil and gas measures	p. 206
Draft non-legally binding Statement of Principles for a Global Consensus on Sustainable Energy Production and Consumption	p. 208
Draft Protocol on Energy Efficiency and Renewable Energy to the United Nations Framework Convention on Climate Change	p. 215
Index	p. 233
Table of Contents provided by Ingram. All Rights Reserved.

Energy Law and the Environment

At a Glance

Paperback

Shipping

How to return your order

Defective items

You Can Find This Book In

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