The rule of law, the public interest and the management of natural resources in Australia

Fisher, Douglas E. (2014) The rule of law, the public interest and the management of natural resources in Australia. Environmental and Planning Law Journal, 31(3), pp. 151-163.

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The statutory arrangements for the management of natural resources in Australia confer powers of decision-making upon government agencies and, at the same time, restrict how these powers are to be exercised by reference either to stated criteria or in some instances to the public interest. These restrictions perform different functions according to their structure, form and language: for example they may be in the form of jurisdictional, deliberative or purposive rules. This article reviews how the offshore resources legislation of the Commonwealth and some examples of the onshore resources legislation of Queensland address the functions performed by the public interest in determining whether there is compliance with the principle of the rule of law.

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ID Code: 74470
Item Type: Journal Article
Refereed: Yes
Keywords: rule of law, public interest, natural resources, offshore resources legislation, onshore resources legislation
ISSN: 0813-300X
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Environmental and Natural Resources Law (180111)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2014 Please consult the author
Deposited On: 28 Jul 2014 23:29
Last Modified: 02 Aug 2014 04:05

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