Australian World Heritage, the constitution and international law

Haigh, David (2005) Australian World Heritage, the constitution and international law. Environmental and Planning Law Journal, 22 (5). pp. 385-396.

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The Environment Protection and Biodiversity Conservation Act 1999 (Cth) provides the legal regime for management of Australian World Heritage Areas. It purports to implement Australia's duty as a State Party to the World Heritage Convention to do all it can to the best of its resources to protect, conserve and present World Heritage Areas. This article challenges this contention. The Act implements the duty by providing protection for World Heritage Values, in contradiction of the outcome of a recent review of the Convention's Operational Guidelines. The review asserted that a State Party has a duty to protect the World Heritage property or area's integrity or authenticity. Consequently, this article contends that a constitutional challenge is possible to the World Heritage provisions of the Act.

Item ID: 14012
Item Type: Article (Research - C1)
ISSN: 0813-300X
Keywords: environmental law
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Date Deposited: 01 Dec 2010 01:04
FoR Codes: 18 LAW AND LEGAL STUDIES > 1899 Other Law and Legal Studies > 189999 Law and Legal Studies not elsewhere classified @ 100%
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