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The Australian Centre for Environmental Law
The Centre includes a number of full-time members of the
ANU’s Faculty of Law who are central to ACEL’s
teaching and research. Several of Australia’s leading
environmental law academics from other universities and
leading environmental law practitioners and also play a
key role in ACEL’s postgraduate teaching program.
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BA/LLB (ANU), PhD (Cantab), FAAH, FASSA
Tim began studying environmental law when he did
his PhD at Cambridge on public rights in the English
countryside resulting in his influential book The
Law of the Countryside: The Rights of the Public.
Since then he has explored many aspects of Australian
environmental law - especially in his books Environmental
Protection and Legal Change, Places Worth
Keeping: Conservationists, Politics and Law
and The Colonial Earth which won the New
South Wales Premier’s Prize for Australian
History and the Queensland Premier’s Prize
for History. He is particularly interested in property
rights and obligations, public participation in
environmental regimes, environmental impact assessment
and the relationship between environmental law,
politics, policy and history. He was recently a
member of the expert panel for the independent statutory
review of the Commonwealth's Environment Protection
and Biodiversity Conservation Act which in October
2009 produced the report The Australian Environment
Act: Report of the Independent REview of the Environment
Protection and Biodiversity Conservation Act 1999.
Together with Adnrew Macintosh, he also edited Mills,
Mines and other Controversies: The Environmental
Assessment of Major Projects (Federation Press,
2010). He is the director of ACEL.
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BSC (CMSU), JD (St Louis)
Anton joined The ANU College of Law in 2000. He
served as Acting-Director of the Australian Centre
for Environmental Law and Covenor of all Undergraduate
and Postgraduate Environmental Law Programs until
June 2003. He is currently a Professor of Intenational
Environmental Law in the United Nations Institute
for Training and Research and for a number of years
has served as Visiting Professor of Law at the University
of Michigan Law School, where he has taught Transnational
Law and International Environmental Law. He is a
co-author of International Environmental Law
(with Charney, Sands, Schoenbaum & Young) and
International Law: Cases and Materials
(with Mathew & Morgan).
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Judith
Jones
Selected Publications
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BSc (Sydney), LLB (UNSW)
Judith Jones has been a member of
ACEL and a teacher of a range of environmental law
courses in the environmental law specialisation of
the Graduate Program at ANU since 1996. She currently
teaches Environmental Landuse and Planning Law and
Science in Environmental Regulation. With a background
in both science and law her research focuses on the
interdisciplinary dimensions of environmental law
including risk assessment, regulatory design for scientific
uncertainty and precaution. She is a former member
of the Federal government Gene Technology Technical
Advisory Committee and a current member of the Gene
Technology Ethics Committee.
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Matthew
Zagor |
BA (London), LLB (UNSW)
Matthew has a degree in Religious
Studies with Social Anthropology from the School of
Oriental and African Studies, University of London,
and an LLB from the University of New South Wales.
He worked on the India desk at the International Secretariat
of Amnesty International (AI), and as the refugee
coordinator and government liaison officer at the
Australian Section of AI. Matthew practiced as a solicitor
in several community legal centres and the Commonwealth
Legal Aid Commission, working primarily with migrants
and asylum-seekers. As a federal public servant, he
worked in the Australian Greenhouse Office, the Migration
Review Tribunal, and the Attorney General’s
Department.
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Don
Rothwell
Selected Publications |
BA/ LLB (Queensland), LLM (Alberta), MA (Calgary),
PhD (Sydney)
Donald R Rothwell is Professor of
International Law at the ANU College of Law. Previously
he was Challis Professor of International Law and
Director of the Sydney Centre for International and
Global Law, University of Sydney. His major research
interest is international law, with a specific focus
on international law and the use of armed force, law
of the sea, law of the polar regions, and implementation
of international law within Australia. He is a regular
commentator on international law issues in the print
and electronic media. He has taught a range of courses
including Constitutional Law, Law of the Sea, International
Environmental Law, International Law and Use of Armed
Force, and Public International Law. Major publications
amongst 11 books and over 100 book chapters and articles
include The Polar Regions and the Development of International
Law (CUP, 1996), and International Environmental Law
in the Asia Pacific (Kluwer, 1998) coauthored with
Ben Boer and Ross Ramsay. His most recent book is
Towards Principled Oceans Governance: Australian and
Canadian Experiences and Challenges (2006) co-edited
with David VanderZwaag. He is presently working on
projects assessing globalisation and health law, the
law of the sea and maritime security, and the rights
of Australian citizens when detained by foreign governments.
Professor Rothwell is the immediate part-President
of the Australian New Zealand Society of International
Law (ANZSIL), and current Co-Chair of the Australian
Canadian Oceans Research Network (ACORN).
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James
Prest
Selected
Publications |
BA(Hons) (Adel.), LLB( Hons) (ANU), GDLP (ANU),
PhD (Env. Law) (Wollong.)
Dr Prest is a lecturer in law specialising in environmental
law with interests in administrative law and litigation.
After graduating from the University of Adelaide
and the ANU and gaining admission to practise in
the Supreme Court of the ACT in 1995 he worked for
several years as a legal policy officer at the Department
of Prime Minister and Cabinet. He has also held
positions as a Research Officer at the Law and Bills
Digest Group of the Parliamentary Library in Canberra
and as an adviser at Parliament House. He has practiced
as a solicitor with Corrs Chambers Westgarth, and
the Legal Aid Office in Canberra. In 2004 he was
a solicitor in the Save the Ridge legal team with
matters in the ACT AAT, Commonwealth AAT, ACT Supreme
Court and Federal Court. In January 2004 he submitted
a PhD thesis in law at the Centre for Natural Resources
Law and Policy, Faculty of Law, University of Wollongong,
under the supervision of Professor David Farrier,
author of the NSW Environmental Law Handbook. Whilst
completing his PhD he gave lectures and tutorial
assistance in environmental law at the University
of Wollongong and the ANU. He is also admitted to
practice in NSW, South Australia and the High Court.
He has a long-standing interest in environmental
law and public interest litigation. Since October
2004 James has held the position of principal solicitor
at the Environmental Defender’s Office (ACT).
He is currently publishing papers on major projects
legislation, wilderness legislation as well as material
from his PhD thesis dealing with the regulation
of forestry on privately held land in NSW and Tasmania.
He is conducting research in the area of sentencing
of environmental offences.
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BSc (Hons) Monash, LLB (Hons) Monash, MPhil Environment,
Society, and Development Cambridge.
Brad is a human geographer and an environmental law
specialist. Brad's research and teaching draws on
political theories, his expert knowledge of environmental
law processes, and is usually grounded in case study
examples. Brad teaches foundation law subjects and
planning and environmental assessment law.
Brad joined ACEL in 2007, and shortly after began
his current primary research project, which focuses
on concepts of ecological and environmental justice
in Australian environmental law. As part of this project
Brad has recently written on ethics and values in
environmental law, and exploring the contribution
of environmental justice ideas to the development
of the law. Brad is also the co-editor a forthcoming
edited series supported by ACEL and published by Cambridge
University Press titled 'Environmental Discourses
in Public and International Law'.
Brad graduated from Monash University in 2001 with
Honours degrees in Science (majoring in Geography)
and Law before commencing a legal career. Brad worked
with Freehills’ environmental and planning law
group from 2001 until 2006, including as a qualified
lawyer from 2003. Brad advised corporate, government,
and not-for-profit clients on environmental impact
assessment, administrative law, land use planning,
land access, heritage, native title, mining law, and
pollution and contamination law.
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Owen Cordes-Holland
Selected
Publications
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LLB (Hons) (ANU)
Owen Cordes-Holland is a full-time PhD scholar
at the ANU College of Law, tutor in the undergraduate
program and occasional lecturer. He completed his
studies in law at the ANU in 2007, graduating with
first-class honours and a University Medal.
Owen's thesis, supervised by Professor Don Rothwell,
involves assessing Australia's recent performance
as an international citizen with respect to the
environment. It does this by critically examining
our engagement with international environmental
law during the Howard years and the early years
of the Rudd government. The thesis further develops
the doctrine of good international citizenship (as
first conceptualised by Gareth Evans and later international
relations scholars) and applies this to aspects
of international environmental law in which Australia
has had a particularly important role to play: climate
change, the protection of whales, biodiversity and
world heritage, among others.
Part of Owen's research will include attending the
United Nations Convention on Climate Change to be
held in Copenhagen, 2009, at which parties to the
UNFCCC intend to adopt a successor to the Kyoto
Protocol.
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Elinor Jean
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BA(Hons), LLB(Hons) (ANU)
Elinor Jean is a PhD student researching water
law in Australia, focusing on rights to control
and access water and water resources. Her research
uses Marxist legal and ecological theory to explore
the relationship(s) between humans and water within
the Australian landscape. Elinor has an LLB (Hons)
and a BA (Hons) in German, both with first-class
honours. She is a recipient of the ANU Vice-Chancellor’s
Scholarship.
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Research Associate
Chris McGrath |
Dr Chris McGrath is a Brisbane barrister
practising in environmental law. His website at http://www.envlaw.com.au
provides case studies of environmental litigation
in the Federal Court and Queensland courts in which
he has been involved. He acted as counsel in the Wildlife
Whitsunday Case, Xstrata Case, and Anvil Hill Case,
which concerned the assessment of greenhouse gas emissions
from Australian coal mines.
Dr McGrath holds a BSc, LLB (Hons), LLM (Environmental
Law), and PhD. His PhD
thesis considered laws protecting the Great Barrier
Reef and the impacts of climate change on the GBR.
Dr McGrath has authored over 30 books, chapters and
articles on environmental law. His present research
focus is climate change.
LATEST PUBLICATION:
Chris McGrath (2010) Does environmental law work?
How to evaluate the effectiveness of an environmental
legal system, Lambert Academic Publishing, Saarbrücken.
(ISBN-10: 3838317343)
 Many
laws exist to protect our environment but research
into the effectiveness of these laws is rare. The
complexity of the environment and the laws themselves
makes evaluating the effectiveness of an environmental
legal system a Herculean, multi-disciplinary task
requiring the integration of environmental science
and law. Without a clear conceptual and analytical
framework this task is practically impossible and
the communication of any results of such research
for policy improvement is severely hampered. This
book aims to address these issues with particular
emphasis to evaluating the effectiveness of the response
to climate change, the most complex and difficult
environmental issue currently faced by society. It
uses the pressure-state-response method of State of
the Environment Reporting, originally developed by
the OECD and now widely used worldwide, to evaluate
the effectiveness of laws protecting the Great Barrier
Reef, Australia. This book will be of particular interest
to policy-makers and others interested in creating
and implementing effective environmental laws.
Available
from Amazon or it can be downloaded for no charge
from http://www.envlaw.com.au/delw.pdf
Contact details:
Address: John Cooke Chambers, Level 2, 33 Queen Street,
Brisbane, Qld, 4000
Telephone: (07) 3229 9097 or 043 829 9097
Email: chris.mcgrath@envlaw.com.au
Website: http://www.envlaw.com.au
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OUR GUEST
LECTURERS
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Adjunct Professor, ANU College of Law
LLB PhD (Birmingham)
Gerry Bates is one of Australia’s best known
and respected environmental lawyers. He is author
of Environmental Law in Australia, the standard text
on the subject. He is founder and editor of the Environmental
and Planning Law Journal and co-editor of the
Laws of Australia (environmental law section).
In 1994 he was honoured with the National Environmental
Law Association’s special award for "Outstanding
Contribution to Environmental Law". After teaching
for many years at ACEL, he has recently been made
an adjunct professor within the ANU’s Law Faculty.
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LLB(Hons)(UTS), MEnvL(ANU), Solicitor ACT and NSW
Alan has been involved in the teaching
of environmental land use planning and assessment
law in the postgraduate program in law since 1999.
He is a NSW Law Society Accredited Specialist in Local
Government and Planning Law and a partner in Williams
Love and Nicol Lawyers in Canberra. Alan's experience
covers work across a wide range of Courts and Tribunals
including the NSW Land and Environment Court and Administrative
Decisions Tribunal, the ACT Civil and Administrative
Tribunal and both the Commonwealth and ACT Administrative
Appeals Tribunals. He is a former President of the
National Environmental Law Association and was included
in the planning and environmental law section of the
Australian Financial Review’s 2010 list of Australia’s
Best Lawyers. He is also currently the National President
of the Australian Institute of Administrative Law.
Scholarly interests: environmental law,
planning law, local government law and administrative
law
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Alex Gardner |
Visiting Fellow (part-time), Associate
Professor, Law School,
University of Western Australia, BA/LLB (ANU), LLM
(UBC)
Alex Gardner practised law in Melbourne
before joining the staff of UWA Law School in 1988,
where he now teaches public law and natural resources
and environmental law to undergraduate and graduate
students. He has been an active member of the National
Environmental Law Association, and a consultant to
the Environmental Defender's Office (WA), government
agencies and private firms in Western Australia. Alex
was a member of the Advisory Council to the Environmental
Protection Authority of Western Australia from 1995
to 1999 and has been a senior sessional member of
the Western Australian State Administrative Tribunal
since 2005. From October 2006 to June 2008, Alex was
advising the Western Australian Department of Water
on water resources law reform. In 2009-2010, he has
been a consultant on Commonwealth water law issues
concerning the Lower Lakes of the Murray River in
South Australia.
Alex is the lead author of Gardner, Bartlett and Gray,
Water
Resources Law, LexisNexis Butterworths 2009: .
He is also a Chief Investigator in Program
5 of the National Centre for Groundwater Research
and Training, a national co-operative research centre
established June 2009.
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Neil
Gunningham |
Adjunct Professor, Faculty of Law,
ANU
LLB, MA (Criminology) (Sheffield)
Neil Gunningham, one of the founders
of ACEL, is a professor within the ANU’s School
of Resources and Research School of Social Sciences.
He has held appointments at the University of Wales,
Cardiff, Osgoode Hall Law School, Toronto, the American
Bar Foundation, Chicago, Wolfson College, Oxford,
and the Centre for Study of Law and Society at the
University of California, Berkeley. He has been a
private practitioner and consultant to government
agencies, parliamentary committees, employer and trade
union groups.
Neil has published widely about business
and social regulation from an inter-disciplinary and
policy-oriented perspective. His present research
seeks to identify the contribution that broader, innovative
forms of regulation can make to environmental protection.
His numerous books include Smart Regulation: Designing
Environmental Policy (with Grabosky), Pollution,
Social Interest and the Law, Environmental Outlook:
Law and Policy (edited with Boer and Fowler)
and Crime and Environment (edited with Norberry). |
Jan McDonald |
Professor, School of Law, Griffith
University, BA LLB (Qld), LLM (Northwestern School
of Law, Lewis and Clark), PhD (Bond)
Jan McDonald taught at Bond University
for many years before becoming the inaugural John
F Kearney Chair in Law at Griffith University. She
has published widely in the area of corporate environmental
liability and trade and the environment. Her present
research is examining the impacts of trade and environment
on the Australian timber industry and the use of the
APEC forum to further ESD in the Asia Pacific region. |
Brian Preston |
Chief Judge of the Land and Environment
Court of New South Wales
Brian Preston was the founding solicitor of the New
South Wales Environmental Defender's Office. He moved
to the NSW bar in 1987 where he specialised in environmental
law and planning law. He was appointed as Senior Counsel
in 1999 and has conducted consultancies for the government
of Trinidad and Tabago and for the Indonesian judiciary.
His many publications include the book Environmental
Litigation. He became Chief Judge of the Land and
Environment Court in 2005. |
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