Uncertainty, precaution, and listing in Australia : a key to the anteroom
Creators: name: Dwyer, Angela Margaret
Publisher: name: The Australian National University
Year: 2009
Subjects: subject: Precautionary principle
subject: Uncertainty
subject: Endangered species--Law and legislation--Australia
subject: Biodiversity conservation--Law and legislation--Australia
subject: Science--Decision making
subject: KN95.31.D99 2009 ANU
subject: Precautionary principle
subject: Uncertainty
subject: Endangered species Law and legislation Australia
subject: Biodiversity conservation Law and legislation Australia
subject: Science Decision making
subject: Australia. Threatened Species Scientific Committee
subject: Australia. Environment Protection and Biodiversity Conservation Act 1999
subject: Environmental law Australia

description: The Precautionary Principle (or 'the Principle') has been controversial and subject to debate over terminology, definition, and means of implementation and, even when articulated in legislation, it is frequently not used in the discretionary decision-making process. This thesis proposes that the Principle has a role to play in the conservation of threatened species and ecological communities in Australia. In Australia, the protection of threatened species and ecological communities has not been immune from the general reluctance to embrace the Precautionary Principle, although it is an area that lends itself to its use. The potential for serious or irreversible harm is high if incorrect decisions are made about the characterisation or status of species or ecological communities, or processes that may impact on them. Often the available scientific evidence is uncertain, inadequate, or inexact. The decisions are made against a background of potential conflict as there can be numerous stakeholders affected by the outcomes. The decisions are further complicated by being science-based, and the nexus between science and policy is confusing. Under the current national 'listing' system there is no effective provision made for species or communities where there is genuine concern that they are threatened, but the science is uncertain. Uncertainty will generally defeat a listing nomination: there is no ante-room for nominations of concern, no place for species or ecological communities to be watched over pending clarification of the uncertainty. This thesis examines the Australian approach to the Precautionary Principle. The key elements of the Principle and triggers for the application of the Principle are identified, and key issues in relation to the role of science, the choice of science, and 'scientific uncertainty' are clarified. The thesis concludes that the Principle should be a significant tool in the environmental decision-making framework. The thesis then examines the application of precaution in the listing of species, ecological communities, and key threatening processes under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Precaution is available to both the key decision-makers, the Minister and the Threatened Species Scientific Committee, under the legislation but both have failed to apply the Principle in listing. The thesis draws upon the approaches of the International Union for Conservation of Nature , the Endangered Species Act of 1973 in the United States of America and domestic examples to inform the discussion, and concludes that, under appropriate circumstances, the Precautionary Principle could play a key role in the listing of species, ecological communities and key threatening processes. It is asserted that a lack of will rather than 'way' hinders its appropriate use. A checklist and guidelines are proposed for the application of the Principle and, in the absence of legislative reform, the thesis highlights the potential of the existing legislation for a balanced precautionary approach to listing. The door to the anteroom would thus be opened.