Sarah Waddell - Academia.edu (original) (raw)

Papers by Sarah Waddell

Research paper thumbnail of NELA submission on the council of Australian governments' (COAG) 'green tape reduction' reforms

NELA is particularly interested in the reforms to streamline environmental assessment and approva... more NELA is particularly interested in the reforms to streamline environmental assessment and approvals. NELA welcomes COAG's commitment to maintain high environmental standards, and the Commonwealth's policy of not altering the existing levels of environmental protection in the Environment Protection Biodiversity Conservation Act 1999 (EPBC Act). NELA would, in fact, support extending the matters to which the EPBC Act applies.

Research paper thumbnail of 11 Rising to the Challenge of Providing Le gal Protection for the Indonesian Coastal and Marine Environment

... 14 One long-term program of this type is the Coral Reef Rehabilitation and Management Program... more ... 14 One long-term program of this type is the Coral Reef Rehabilitation and Management Program (Coremap); see http://www. coremap. or. id/. Page 199. ... 21 Copies of the case files were provided to the author by Dr Gatot Wibowo, Professor of Law, University of Mataram. ...

Research paper thumbnail of Reflections on a symposium: The governance challenge for Australia's marine environment

Many of the speakers and participants1 at the June 2013 Symposium 'True Blue: Progress, Chall... more Many of the speakers and participants1 at the June 2013 Symposium 'True Blue: Progress, Challenges and Opportunities for Australia's Marine Environment' applauded the Australian Government's progress in creating the National Representative System of Marine Protected Areas (NRSMPA), and the management plans that came into operation on 1July2013 covering nearly 40% of the Commonwealth marine area. The NRSMPA is represented in each of the five regions in the Commonwealth's Marine Bioregional Planning program: the South-west, North-west, North, East (Temperate East and Coral Sea) and South-east Marine Regions.

Research paper thumbnail of The Role of the 'Legal Rule' in Indonesian Law: environmental law and the reformasi of water management

Research paper thumbnail of Shifting Visions of the Social and Legal Order in Indonesia: Implications for Legislative Style and Form

This article suggests that since the fall of the New Order government an opportunity may have eme... more This article suggests that since the fall of the New Order government an opportunity may have emerged to question legislative form and style in Indonesia, particularly where it concerns legislation that deals with the activities of government itself. The past few years have witnessed a revival of constitutional human rights, a fading of the concept of the integralistic state and a concurrent retreat from the promotion of the past official interpretation of Pancasila. A debate is now emerging about legal form and linguistic practices, with significant implications for the law-making effort in Indonesia.

Research paper thumbnail of Property Rights for Natural Resources Management in Indonesia: Have They Been Ruled Unconstitutional?

Indonesia Law Review, 2012

A.new.property.right.known.as.the.coastal.waters.commercial.use.right. (Hak.Pengusahaan.Pengairan... more A.new.property.right.known.as.the.coastal.waters.commercial.use.right. (Hak.Pengusahaan.Pengairan.Pesisir.(HP-3)).introduced.by.Law.No..27. of. 2007. regarding. the. Management. of. Coastal. and. Small. Island. Areas. has. been. ruled. inoperative. by. the. Constitutional. Court.. The. decision. raises. a. question. as. to. whether. the. door. has. been. closed. to. marketbased.instruments.that.rely.on.property.rights.as.a.policy.tool.in.natural. resources.management..This.concern.is.relevant.as.legal.developments.in. natural.resources.law.internationally.have.moved.away.from.traditional. forms. of. regulation. to. focus. on. the. creation. of. new. statutory. property. rights. such. as. fisheries. rights,. water. use. rights. and. rights. associated. with. carbon. sequestration.. An. exploration. of. theConstitutional. Court's. decisionsuggests.that.a.similar.line.of.reasoning.would.not,.and.should. not,arise.in.relation.to.other.forms.of.property.rights.that.the.Government. of.Indonesia.may.seek.to.introduce.in.the.future..

Research paper thumbnail of Environmental Dispute Resolution in Indonesia

Kitlv press Koninklijk instituut voor taal-, land-en volkenkunde (royal netherlands institute of ... more Kitlv press Koninklijk instituut voor taal-, land-en volkenkunde (royal netherlands institute of southeast asian and caribbean studies)

Research paper thumbnail of By how much will a 'price on carbon' actually lower Australia's emissions?: Towards climate accountability for greenhouse gas emissions abatement

Journal of Natural Resources, 2013

A clear reason for passing climate change legislation is to achieve 'climate effectiveness&#3... more A clear reason for passing climate change legislation is to achieve 'climate effectiveness' as measured by the magnitude of emissions reductions and removals achieved over time. To ensure that there will be an opportunity to assess climate effectiveness, attention needs to be given to crafting legislative provisions to support accountability for climate policy outcomes. When seen through the lens of climate accountability, and using the UK's Climate Change Act 2008 as a benchmark, it can be seen that important aspects of accountability have been postponed by the Clean Energy Act 2011 (Cth). The Climate Change Authority will have an opportunity to make recommendations on a range of matters such as the effectiveness and efficiency of the Act, changes to medium-term and long-term targets, and specific measures such as the indicative national emissions trajectory and the national carbon budget. However, more broadly, attention needs to be given to how we can strengthen legis...

Research paper thumbnail of NELA submission on the council of Australian governments' (COAG) 'green tape reduction' reforms

NELA is particularly interested in the reforms to streamline environmental assessment and approva... more NELA is particularly interested in the reforms to streamline environmental assessment and approvals. NELA welcomes COAG's commitment to maintain high environmental standards, and the Commonwealth's policy of not altering the existing levels of environmental protection in the Environment Protection Biodiversity Conservation Act 1999 (EPBC Act). NELA would, in fact, support extending the matters to which the EPBC Act applies.

Research paper thumbnail of 11 Rising to the Challenge of Providing Le gal Protection for the Indonesian Coastal and Marine Environment

... 14 One long-term program of this type is the Coral Reef Rehabilitation and Management Program... more ... 14 One long-term program of this type is the Coral Reef Rehabilitation and Management Program (Coremap); see http://www. coremap. or. id/. Page 199. ... 21 Copies of the case files were provided to the author by Dr Gatot Wibowo, Professor of Law, University of Mataram. ...

Research paper thumbnail of Reflections on a symposium: The governance challenge for Australia's marine environment

Many of the speakers and participants1 at the June 2013 Symposium 'True Blue: Progress, Chall... more Many of the speakers and participants1 at the June 2013 Symposium 'True Blue: Progress, Challenges and Opportunities for Australia's Marine Environment' applauded the Australian Government's progress in creating the National Representative System of Marine Protected Areas (NRSMPA), and the management plans that came into operation on 1July2013 covering nearly 40% of the Commonwealth marine area. The NRSMPA is represented in each of the five regions in the Commonwealth's Marine Bioregional Planning program: the South-west, North-west, North, East (Temperate East and Coral Sea) and South-east Marine Regions.

Research paper thumbnail of The Role of the 'Legal Rule' in Indonesian Law: environmental law and the reformasi of water management

Research paper thumbnail of Shifting Visions of the Social and Legal Order in Indonesia: Implications for Legislative Style and Form

This article suggests that since the fall of the New Order government an opportunity may have eme... more This article suggests that since the fall of the New Order government an opportunity may have emerged to question legislative form and style in Indonesia, particularly where it concerns legislation that deals with the activities of government itself. The past few years have witnessed a revival of constitutional human rights, a fading of the concept of the integralistic state and a concurrent retreat from the promotion of the past official interpretation of Pancasila. A debate is now emerging about legal form and linguistic practices, with significant implications for the law-making effort in Indonesia.

Research paper thumbnail of Property Rights for Natural Resources Management in Indonesia: Have They Been Ruled Unconstitutional?

Indonesia Law Review, 2012

A.new.property.right.known.as.the.coastal.waters.commercial.use.right. (Hak.Pengusahaan.Pengairan... more A.new.property.right.known.as.the.coastal.waters.commercial.use.right. (Hak.Pengusahaan.Pengairan.Pesisir.(HP-3)).introduced.by.Law.No..27. of. 2007. regarding. the. Management. of. Coastal. and. Small. Island. Areas. has. been. ruled. inoperative. by. the. Constitutional. Court.. The. decision. raises. a. question. as. to. whether. the. door. has. been. closed. to. marketbased.instruments.that.rely.on.property.rights.as.a.policy.tool.in.natural. resources.management..This.concern.is.relevant.as.legal.developments.in. natural.resources.law.internationally.have.moved.away.from.traditional. forms. of. regulation. to. focus. on. the. creation. of. new. statutory. property. rights. such. as. fisheries. rights,. water. use. rights. and. rights. associated. with. carbon. sequestration.. An. exploration. of. theConstitutional. Court's. decisionsuggests.that.a.similar.line.of.reasoning.would.not,.and.should. not,arise.in.relation.to.other.forms.of.property.rights.that.the.Government. of.Indonesia.may.seek.to.introduce.in.the.future..

Research paper thumbnail of Environmental Dispute Resolution in Indonesia

Kitlv press Koninklijk instituut voor taal-, land-en volkenkunde (royal netherlands institute of ... more Kitlv press Koninklijk instituut voor taal-, land-en volkenkunde (royal netherlands institute of southeast asian and caribbean studies)

Research paper thumbnail of By how much will a 'price on carbon' actually lower Australia's emissions?: Towards climate accountability for greenhouse gas emissions abatement

Journal of Natural Resources, 2013

A clear reason for passing climate change legislation is to achieve 'climate effectiveness&#3... more A clear reason for passing climate change legislation is to achieve 'climate effectiveness' as measured by the magnitude of emissions reductions and removals achieved over time. To ensure that there will be an opportunity to assess climate effectiveness, attention needs to be given to crafting legislative provisions to support accountability for climate policy outcomes. When seen through the lens of climate accountability, and using the UK's Climate Change Act 2008 as a benchmark, it can be seen that important aspects of accountability have been postponed by the Clean Energy Act 2011 (Cth). The Climate Change Authority will have an opportunity to make recommendations on a range of matters such as the effectiveness and efficiency of the Act, changes to medium-term and long-term targets, and specific measures such as the indicative national emissions trajectory and the national carbon budget. However, more broadly, attention needs to be given to how we can strengthen legis...