The 'Triangle' of Australian Energy Law and Policy: Omissions, Connections and Evaluating Environmental Effects

Citation

Marsden S (2017) The 'Triangle' of Australian Energy Law and Policy: Omissions, Connections and Evaluating Environmental Effects. Journal of Environmental Law, 29 (3), pp. 475-503. https://doi.org/10.1093/jel/eqx018

Abstract
Utilising the theory of the ‘Energy Law and Policy Triangle’, this article analyses the consequences of not having a comprehensive national energy policy, whereby economics, environment and politics are all included. While focusing on two of the three points of the Triangle—economics and environment—the Australian 2015 Energy White Paper has not incorporated the third fully—the politics of energy security—and environmental protection is also inadequate. The article argues that the absence of a comprehensive national energy policy leaves Australia open to piecemeal, reactive approaches to critical issues. Using the example of the South Australian Nuclear Fuel Cycle Royal Commission it highlights the implications of a federal policy vacuum, as whatever decisions the South Australian Government takes on waste disposal, it is unclear whether the Australian Government will support them. It recommends the development of a comprehensive policy, clearer links between aspects, and to apply strategic environmental assessment to significant environmental effects of policy.

Keywords
Energy law and policy triangle; Australia; strategic environmental assessment

Journal
Journal of Environmental Law: Volume 29, Issue 3

People

Professor Simon Marsden

Professor, Law