Forestry Law

The course will consider Australian forestry law in a comparative context. Specific aspects of Australian law will include:

• the role of the Commonwealth historically under the EPIP Act and currently under the EPBC Act;
• the purpose and effect of Regional Forestry Agreements and cases related thereto;
• forest tenures under State legislation;
• recent measures to separate title to embedded Co2;
• and commercial and legal aspects of bio-sequestration projects.

International dimensions will cover:

• the Forestry Principles and other attempts to develop a global agreement;
• role of other MEA's - World Heritage Convention, Biodiversity Convention and CITES (re listing of ramin);
• the Forestry Stewardship Council accreditation scheme;
• the impact of GATT on trade-related measures;
• avoided deforestation (REDD) proposals in relation to climate change under the Bali Roadmap; and
• recent efforts to adopt international measures to restrict illegal trade in forest products.

Finally, some comparison with other countries in terms of forest litigation will be offered - for example, the Philippines (Oposa's case); prosecutions for illegal forestry in Indonesia; and the Spotted Owl case in Oregon, USA.

On satisfying the requirements for this course, students will have the knowledge and skills to:

• Analyse the legal framework within which forestry operations are undertaken in Australia;
• critique approaches to the implementation and enforcement of forestry law through a comparative analysis of various jurisdictions within and outside Australia; and
• evaluate the role of forestry-related initiatives in relation to the reduction of greenhouse gas emissions.

Students must rely on the Approved Assessment which will be posted to the course homepage on the ANU Law website, prior to the commencement of the course.

26 Contact Hours (Intensive Delivery)

Click here for 2009 Graduate Law Timetable