This page intentionally left blank Energy Law and the Environment Unsustainable practices worldwide in energy production and consumption have led to a plethora of environmental problems For a long time environmental law largely overlooked the relevance of energy production and consumption, and energy was not seen to be of much significance to the advancement of sustainable development This has changed in recent years, with increasing global concern about climate change, and in particular with the publication by the United Nations of the World Energy Assessment report followed by the detailed consideration of this issue at the World Summit on Sustainable Development in Johannesburg in 2002 Australia has been seen to be lagging behind the other major industrialised nations in addressing sustainable energy issues Energy Law and the Environment shows the relevance of energy production and consumption to climate change and sustainable development It discusses current national and international legal regimes and offers creative legal solutions for enhancing the role of the law in advancing sustainable development in the future This is compulsory reading for legal practitioners and academics interested in energy law and climate change, as well as for professionals in environmental consultancies and relevant government agencies across Australia Students of environment law, energy law, environmental management and environmental science will find this book an invaluable resource, as will anyone with an interest in energy and sustainable development Rosemary Lyster is Associate Professor and Director of the Australian Centre for Environmental Law (Sydney) at the University of Sydney Adrian Bradbrook is the Bonython Professor of Law at the University of Adelaide and Fellow of the Center for Environmental Legal Studies at Pace University Law School in New York Energy Law and the Environment Rosemary Lyster and Adrian Bradbrook Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo Cambridge University Press The Edinburgh Building, Cambridge , UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521843683 © Rosemary Lyster, Adrian Bradbrook 2006 This publication is in copyright Subject to statutory exception and to the provision of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press First published in print format 2006 - - ---- eBook (EBL) --- eBook (EBL) - - ---- paperback --- paperback Cambridge University Press has no responsibility for the persistence or accuracy of s for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate To my parents, who gave me every opportunity, and to my partner Mark and children Kathryn and Matthew, to whom I am devoted With thanks also to my environmental law colleagues around the world for their support and encouragement RL To Richard L Ottinger, in appreciation and admiration for his lifelong commitment to furthering the cause of sustainable energy development AB Contents List of figures & tables xiii Table of cases xiv Table of statutes xv Preface xx Overview of energy production and use in Australia 1.1 Energy production and trade in Australia 1.2 How Australia uses energy 1.3 Uptake of renewable energy in Australia 1.3.1 1.4 1.5 1.6 The Allen Consulting Group’s Sustainable Energy Jobs Report Renewable Energy Action Agenda The role of biofuels Is there a place for nuclear energy in Australia’s future energy mix? Energy technologies and sustainable development 10 2.1 Energy efficiency technologies 11 Buildings 11 Domestic appliances 12 Road transport 12 Industry 13 Renewable energy resources 16 2.2.1 Solar energy 16 2.2.2 Wind energy 19 2.2.3 Geothermal energy 21 2.2.4 Biomass 22 2.2.5 Other renewable energy resources 23 2.2.6 Hydrogen and fuel cell vehicle technology 25 Advanced fossil fuel and nuclear technologies 26 The role of the law 28 2.4.1 Law in context 28 2.4.2 Law, economics and education 29 2.4.3 The meaning and scope of energy law 30 2.1.1 2.1.2 2.1.3 2.1.4 2.2 2.3 2.4 Energy, international environmental law and sustainable development 34 3.1 The role of energy in international law 34 3.2 Customary international law 38 vii viii CONTENTS 3.3 Conventions 41 The Acid Rain Convention 41 Nuclear energy conventions 45 3.3.2.1 Conventions relating to nuclear safety standards and State responsibility 46 3.3.2.2 Nuclear emergencies conventions 49 3.3.3 Climate Change Convention and Kyoto Protocol 50 3.3.3.1 The United Nations Framework Convention on Climate Change (UNFCCC) 52 3.3.3.2 The Kyoto Protocol 53 3.3.4 Energy Charter Treaty and Protocol on Energy Efficiency 57 3.3.4.1 Energy Charter Treaty 58 3.3.4.2 Protocol on Energy Efficiency and Related Matters 60 Non-binding declarations 66 3.4.1 United Nations Conference on Environment and Development (UNCED) 66 3.4.2 The Rio Declaration 66 3.4.3 Agenda 21 67 3.4.4 Millennium Development Goals 68 3.4.5 World Summit on Sustainable Development 68 3.4.5.1 Accessibility of energy 69 3.4.5.2 Energy efficiency 70 3.4.5.3 Renewable energy 70 3.4.5.4 Advanced fossil fuel technologies 70 3.4.5.5 Energy and transport 70 3.4.6 Johannesburg Plan of Implementation 71 3.4.6.1 Climate change 73 3.4.7 The G8 Gleneagles 2005 Plan of Action 74 Conclusion 76 3.3.1 3.3.2 3.4 3.5 Evaluating Australian government initiatives on energy, climate change and the environment 78 4.1 Australia’s vulnerability to climate change 78 4.2 Constitutional responsibility for managing energy and climate change 80 4.3 The Australian government’s responses at an international level to greenhouse gas emissions 81 4.4 Responses from civil society to the refusal to ratify Kyoto 84 4.5 The Federal government adopts a ‘no-regrets’ policy on climate change 85 4.6 The Senate reviews the Federal government’s response to global climate change 87 4.7 Restructuring and underspending of the AGO 88 4.8 The Australian National Audit Office audits the AGO 89 4.8.1 4.8.2 4.8.3 4.8.4 Planning for results and program objectives 89 The design of performance measures 90 The design of program delivery 90 Guidelines and applications 90 APPENDIX B 225 Article 13 Financial resources In the context of the implementation of Article 10, the developed country Parties shall: Provide new and additional financial resources, including the transfer of technology, to meet the agreed full costs incurred by developing country Parties in advancing the implementation of commitments that are covered in Article 10 The implementation of the commitment in paragraph (1) of this Article shall take into account the need for adequacy and predictability in the flow of funds and the importance of appropriate burden sharing among developed country Parties The developed country Parties may also provide, and other Parties avail themselves of, financial resources for the implementation of Article 10, through bilateral, regional and other multilateral channels Article 14 Conference of the Parties The Conference of the Parties, the supreme body of the Convention, shall serve as the meeting of the Parties to this Protocol Parties to the Convention that are not Parties to this Protocol may participate as observers in the proceedings of any session of the Conference of the Parties serving as the meeting of the Parties to this Protocol When the Conference of the Parties serves as the meeting of the Parties to this Protocol, decisions under this Protocol shall be taken only by those that are Parties to it When the Conference of the Parties serves as the meeting of the Parties to this Protocol, any member of the Bureau of the Conference of the Parties representing a Party to the Convention but, at that time, not a Party to this Protocol, shall be substituted by an additional member to be elected by and from among the Parties to this Protocol The Conference of the Parties serving as the meeting of the Parties to this Protocol shall keep under regular review the implementation of this Protocol and shall make, within its mandate, the decisions necessary to promote its effective implementation It shall perform the functions assigned to it by this Protocol and shall: (a) Assess, on the basis of all information made available to it in accordance with the provisions of this Protocol, the implementation of this Protocol by the Parties, the overall effects of the measures taken pursuant to this Protocol, in particular environmental, economic and social effects as well 226 (b) (c) (d) (e) (f) (g) (h) (i) (j) APPENDIX B as their cumulative impacts and the extent to which progress towards the objective of the Convention is being achieved; Periodically examine the obligations of the Parties under this Protocol, giving due consideration to any reviews required by Article 4, paragraph 2(d), and Article 7, paragraph 2, of the Convention, in the light of the objective of the Convention, the experience gained in its implementation and the evolution of scientific and technological knowledge, and in this respect consider and adopt regular reports on the implementation of this Protocol; Promote and facilitate the exchange of information on measures adopted by the Parties to promote energy efficiency and renewable energy technologies, taking into account the differing circumstances, responsibilities and capabilities of the Parties and their respective commitments under this Protocol; Facilitate, at the request of two or more Parties, the coordination of measures adopted by them to address their commitments under this Protocol, taking into account the differing circumstances, responsibilities and capabilities of the Parties; Promote and guide, in accordance with the objective of the Convention and the provisions of this Protocol, and taking fully into account the relevant decisions by the Conference of the Parties, the development and periodic refinement of comparable methodologies for the effective implementation of this Protocol, to be agreed on by the Conference of the Parties serving as the meeting of the Parties to this Protocol; Make recommendations on any matters necessary for the implementation of this Protocol; Seek to mobilize additional financial resources in accordance with Article 13, paragraph 1; Establish such subsidiary bodies as are deemed necessary for the implementation of this Protocol; Seek and utilize, where appropriate, the services and cooperation of, and information provided by, competent international organizations and intergovernmental and non-governmental bodies; and Exercise such other functions as may be required for the implementation of this Protocol The rules of procedure of the Conference of the Parties and financial procedures of the Convention shall be applied mutatis mutandis under this Protocol, except as may be otherwise decided by consensus by the Conference of the Parties serving as the meeting of the Parties to this Protocol The first session of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be convened by the secretariat in conjunction with the first session of the Conference of the Parties that is scheduled after the date of the APPENDIX B 227 entry into force of this Protocol Subsequent ordinary sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be held every year and in conjunction with ordinary sessions of the Conference of the Parties unless otherwise decided by the Conference of the Parties serving as the meeting of the Parties to this Protocol Extraordinary sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be held at such other times as may be deemed necessary by the Conference of the Parties serving as the meeting of the Parties to this Protocol, or at the written request of any Party, provided that, within months of the request being communicated to the Parties by the secretariat, it is supported by at least one-third of the Parties The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State member thereof or observers thereto not party to the Convention, may be represented at sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol as observers Any body or agency, whether national or international, governmental or nongovernmental, which is qualified in matters covered by this Protocol and which has informed the secretariat of its wish to be represented at a session of the Conference of the Parties serving as the meeting of the Parties to this Protocol as an observer, may be so admitted unless at least one-third of the Parties present object The admission and participation of observers shall be subject to the rules of procedure, as referred to in paragraph above Article 15 Secretariat The secretariat established by Article of the Convention shall serve as the secretariat of this Protocol Article 8, paragraph 2, of the Convention on the functions of the secretariat, and Article 8, paragraph 3, of the Convention on arrangements made for the functioning of the secretariat, shall apply mutatis mutandis to this Protocol The secretariat shall, in addition, exercise the functions assigned to it under this Protocol Article 16 Settlement of disputes Parties shall settle disputes concerning the interpretation or application of this Protocol by peaceful means, such as by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or by any other peaceful means of their own choice 228 APPENDIX B If Parties to a dispute not reach agreement on a solution or on a dispute settlement arrangement within year following the notification by one Party to another that a dispute exists, the dispute shall, at the request of one of the Parties, be submitted to either an arbitral tribunal, including the Permanent Court of Arbitration, or to judicial settlement, including by the International Court of Justice Article 17 State responsibility Each Party is responsible under international law for the breach of its obligations under this Protocol Article 18 Relations with non-Parties Parties shall be bound by the provisions of this Protocol in their relations with non-Parties Article 19 Amendments Any Party may propose amendments to this Protocol The text of any proposed amendments to this Protocol shall be communicated to all Parties by the Depositary within months At the request of one-third of the Parties, the Depositary shall call a special conference to consider the proposed amendment The Parties shall make every effort to reach agreement on any proposed amendment by consensus If all efforts at reaching a consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a two-thirds majority vote of the Parties to this Protocol who are present and voting at the special conference Amendments to this Protocol, texts of which have been adopted by a special conference, shall be submitted by the Depositary to all Parties for ratification, acceptance or approval Instruments of ratification, acceptance or approval of amendments to this Protocol shall enter into force between Parties having ratified, accepted or approved them on the 30th day after deposit with the Depositary of instruments of ratification, acceptance or approval by at least two-thirds of the Parties Thereafter the amendments shall enter into force for any other Parties on the 30th day after APPENDIX B 229 that Party deposits its instrument of ratification, acceptance or approval of the amendments For the purposes of this Article, ‘present and voting’ means Parties present and casting an affirmative or negative vote Article 20 Annexes Annexes to this Protocol shall form an integral part thereof and, unless otherwise expressly provided, a reference to this Protocol constitutes at the same time a reference to any annexes thereto Any annexes adopted after the entry into force of this Protocol shall be restricted to lists, forms and any other material of a descriptive nature that is of a scientific, technical, procedural or administrative character Any Party may make proposals for an annex to this Protocol and may propose amendments to annexes to this protocol Annexes to this Protocol and amendments to annexes to this Protocol shall be adopted at an ordinary session of the Conference of the Parties serving as the meeting of the Parties to this Protocol The text of any proposed annex or amendment to an annex shall be communicated to the Parties by the secretariat at least months before the meeting at which it is proposed for adoption The secretariat shall also communicate the text of any proposed annex or amendment to an annex to the Parties and signatories to the Convention and, for information, to the Depositary The Parties shall make every effort to reach agreement on any proposed annex or amendment to an annex by consensus If all efforts at consensus have been exhausted, and no agreement reached, the annex or amendment to an annex shall as a last resort be adopted by a three-fourths majority vote of the Parties present and voting at the meeting The adopted annex or amendment to an annex shall be communicated by the secretariat to the Depositary, who shall circulate it to all Parties for their acceptance An annex, other than Annex A, that has been adopted or amended in accordance with paragraphs and above shall enter into force for all Parties to this Protocol months after the date of the communication by the Depositary to such Parties of the adoption or amendment of the annex, except for those Parties that have notified the Depositary in writing within that period of their non-acceptance of the annex or amendment to the annex The annex or amendment to an annex shall enter into force for Parties which withdraw their notification of non-acceptance on the 90th day after the date on which withdrawal of such notification has been received by the Depositary 230 APPENDIX B If the adoption of an annex or an amendment to an annex involves an amendment to this Protocol, that annex or amendment to an annex shall not enter into force until such time as the amendment to this protocol enters into force Amendments to Annex A to this protocol shall be adopted and enter into force in accordance with the procedures set out in Article 20.4, provided that any amendments to Annex A shall be adopted only with the written consent of the Party concerned Article 21 Voting Except as provided for in paragraph 2, each Party shall have one vote Regional economic integration organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States that are Parties Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa Article 22 Depositary The Government of shall be the Depositary of this Protocol Article 23 Signature This Protocol shall be open for signature at from to by the States and regional economic integration organizations whose representatives have signed and ratified the Convention Article 24 Ratification, acceptance or approval This Protocol shall be subject to ratification, acceptance or approval by signatories Instruments of ratification, acceptance or approval shall be deposited with the Depositary Article 25 Accession This Protocol shall be open for accession, from the date on which the Protocol is closed for signature, by States and regional economic integration organizations which are Parties to the Convention, on terms to be approved by the APPENDIX B 231 Conference of the Parties The instruments of accession shall be deposited with the Depositary Article 26 Entry into force This Protocol shall enter into force on the 30th day after the date of deposit of the 30th instrument of ratification, acceptance or approval thereof, or of accession thereto, by a State or regional economic integration organization which is a Party to the Convention For each State or regional economic integration organization for which the Convention has entered into force and which ratifies, accepts or approves this Protocol or accedes thereto after the Protocol has entered into force in accordance with paragraph (1), the Protocol shall enter into force on the 30th day after the date of deposit by such State or regional economic integration organization of its instrument of ratification, acceptance, approval or accession For the purposes of paragraph (1), any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization Article 27 Reservations No reservations shall be made to this Protocol Article 28 Withdrawals At any time after years from the date on which this Protocol has entered into force for a Party, that Party may withdraw from this Protocol by giving written notification to the Depositary Any such withdrawal shall take place upon expiry of year after the date of its receipt by the Depositary, or on such later date as may be specified in the notification of the withdrawal Article 29 Authentic texts In witness whereof the undersigned, being duly authorized to that effect, have signed this Protocol in Arabic, Chinese, English, French, Russian and Spanish, of which every text is equally authentic, in one original, which will be deposited with the Government of 232 APPENDIX B Done at on the day of in the year ANNEX A Party Quantified energy intensity reduction commitment (percentage of base year) Index A New Earth – The Environmental Challenge 85 ABARE 1, 82–3 Abatement Certificate Providers (NSW) 143 abatement costs, Kyoto Protocol 65 accessibility of energy 69 acid rain 41–5 ACT, greenhouse gas initiatives 144–5 active solar power systems 17 adverse effects of energy efficiency 64 AER 127 aerosols 52 AFCP 86 Agenda 21: 67 AGO 86, 88, 139 agreement monitoring by AGO 91 Agreement to Implement the National Competition Policy 118 Allen Consulting Group 4–5 allocation of rights and duties 31 Alternative Fuels Conversion Program 86 ammonia, atmospheric 45 anthropogenic emissions, see greenhouse gas emissions appliances 12, 175 Asia-Pacific Partnership on Clean Development and Climate 110–11 Auditor-General 89–91 Australia electricity restructuring 118–26 energy production in 1–9 government initiatives 78–111 greenhouse gas emissions in Asia-Pacific Partnership on Clean Development and Climate 110–11 industry attitudes 188 response to greenhouse gases 81–4 scope for emissions trading 192 US Free Trade Agreement 135–6 wind energy potential 19 withdrawal from Kyoto Protocol 53 Australia Institute on Asia-Pacific Partnership on Clean Development and Climate 110–11 on geosequestration 186 on Hazelwood power station 154 support for Kyoto Protocol 83, 84 Australian and New Zealand Minerals and Energy Council 175 Australian Bureau of Agricultural and Resource Economics 1, 82–3 Australian Competition and Consumer Commission 122 Australian Conservation Foundation 83, 135 Australian Electricity Market Commission 127 Australian Electricity Regulator 127 Australian Energy Consumption and Production Australian Energy Market Agreement 126–8 Australian energy: National and State Projections to 2019–20: Australian Energy Regulator 134 Australian Gas Light Company 122, 157 Australian Greenhouse Office 86, 88, 139 Australian Model Uniform Building Code 179 Australian National Audit Office 89–91 Australian Securities and Investment Commission 122 Australian Standards 204 Australian Wind Energy Association 94 BASIX index 152 Basslink 121 biofuels 7, 22–3 encouraging use of 105–6 from native forests 94–5, 103 from waste oil regulation of 166–7 Biofuels for Cleaner Transport 105 Brazil, biofuels in 23 Brundtland Report 10, 36 233 234 INDEX buildings construction guidelines 154, 155, 179 energy efficiency 11–12, 195 State legislation 179–81 sustainable 152 voluntary codes of practice 159 Business Case for Ratification of the Kyoto Protocol 84 California Public Utilities Code (US) 195 cap-and-trade approach 140 carbon dioxide, see carbon sequestration carbon sequestration 145, 185–8 carbon taxes 190 carbon trading schemes 140 CarbonTender 148 carrot and stick approach 30 Catholic bishops, on Kyoto Protocol 85 CDM 55 Centre for Energy and Greenhouse Technology (Vic) 147–8 CEO Low Emissions Technology Advisory Group 109 Chernobyl disaster 49 China 199–207 civil society, support for Kyoto Protocol 83, 84–5 clean coal technology 108–10, 206 Clean Development Mechanism 55 Clean Energy tax (US) 190 Cleaner Fuels grants 106 climate change, see also Kyoto Protocol Commonwealth initiatives 185–8 international law 40, 50–7 Johannesburg Plan of Implementation 73 legislation to cover 92–5 predictions 78 Climate Change, Clean Energy and Sustainable Development 74–6 Co-operative Programme for the Monitoring and Evaluation of Long-Range Transboundary Air Pollution in Europe 41 COAG, see Council of Australian Governments COAG’s Quandary: What to with the Energy Markets Reform Program? 128 coal, see also fossil fuels advanced technologies 26, 108–10, 206 electricity generated from exports of COAL21: 108 cogeneration 14 commitment period reserve 56 Commonwealth government involvement in gas supply 132 legal powers 199–207 legislation to cover energy 92–5 no-regrets policy 85–7, 137 policy statements 182–207 renewable energy legislation 95–104, 137 responsibilities under Constitution 80–1 rights and duties 32 Commonwealth Ombudsman report on ABARE 83 competition policy 113, 118, 131 Comprehensive Regional Assessments 95 Conduct Code Agreement 118 Constitution 32, 80–1 construction, see buildings consumers eco-labelling for 156, 196 information kept from 115 information rights 212 not consulted on green power 162 controlled actions 92 conventions, international law 41–66 cooperation between states 64, 214, 221 cooperative federalism 120 Coordinating Committee on Energy Conservation 175 Council of Australian Governments legality of agreements 120 National Competition Policy 118 on regulatory responsibility 80 reviews NAM 124–6 CPA 95 CRAs 95 critical loads approach 42 CSIRO, climate change predictions 78 customary international law 38–41 demand-side management 169–74, 195 Denmark 117, 191 Department of Energy, Utilities and Sustainability (NSW) 158 Department of Foreign Affairs and Trade 136 design guidelines, see environmental issues designated energy users 171 differentiation principle 82 dispute resolution in Free Trade Agreement 136 domestic electrical appliances 12, 175 domestic energy programs 63 Draft Protocol on Energy Efficiency and Renewable Energy to the United Nations Framework Convention on Climate Change 214 INDEX DSM 169–74, 195 E10: 7, see also ethanol eco-labelling 156 ecologically sustainable development 112–13 Ecologically Sustainable Development Transport Working Group 107 economics, legal involvement in 28–30 education environmental 212 international law on 61 legal involvement in 28–30 Eggleston, Alan electrical appliances, see domestic electrical appliances electricity coal-generated from biomass 166 green power 155–63 industry restructuring 112–29, 138 solar generation 17 sustainable development 112–38 Electricity Distribution Price Review 2006–2010 173 eligible renewable energy sources 96 emergency obligations environmental issues 39 nuclear emergencies 49–50 emissions, see greenhouse gas emissions energy access to 69 Australian production 1–9 Australian use 2–3 international law 34–77 international trade 35 legal issues 30–2, 182–207 legislation to cover 92–5 performance standards 174–81 pricing 211 security of 185 technologies 10–33 trade in 1–2, 35 energy acquisition statements 100 Energy Australia 157 Energy Charter Treaty 57–60, 65 energy crops 103 energy efficiency as a resource 60 buildings 195 Commonwealth initiatives 184–5 in consumption 210 in supply 210 235 international law on 58, 70 legal issues 203–5 of motor vehicles 107–8 technologies 11–16 Energy Efficiency Opportunities Scheme 203 Energy Grants (Cleaner Fuels) Scheme 106 energy savings action plans 172 Energy Savings Fund (NSW) 171 Energy Survey 2001–2: energy taxes 190 Environment Business Australia 84 Environment Protection and Biodiversity Conservation Act 92–3 Environment Protection Authority (Vic) 147–8 environmental issues competition policy and 119 electricity restructuring 112, 113–18 emergency obligations 39 environmental planning 151–3, 155 hydro-electricity 24 impact assessment 224 impact mitigation 212 international law 36 National Electricity Market 123–4 Essential Services Commission of South Australia 168, 173 Essential Services Commission (Vic) 173 ethanol encouraging use of 105–6 production 22 use in fuels European Energy Charter 57 European Union 192 excise rates on fuel 105, 183 Expanded Gas Program 133–4 exploitation of energy resources 31 exploration and development leases 132 Federal Energy Regulatory Commission (US) 116 feed laws 196–8 FirstRate House Energy Rating Software Package 180 flexibility mechanisms, Kyoto Protocol 54–5 Foreign Affairs and Trade, on Free Trade Agreement 136 forestry biofuels from 103 in Kyoto Protocol 53 national significance 94–5 fossil fuels 2, 26–8, 70, see also coal; natural gas 236 INDEX Framework for Action on Energy 69 FRC 120 free trade 35 Free Trade Agreement (FTA) 135–6 fuel cells 13, 25, 205 fuel efficiency 104, 107, see also energy efficiency fuel emissions 104, see also greenhouse gas emissions fuel excise 105, 183 fugitive emissions 123 full retail contestability 120 G8 Gleneagles 2005 Plan of Action 74–6 gas, see natural gas Gas Access Regime 130 Gas Code 130 Gas Retail Licence Scheme (Qld) 163 gasohol 23 General Agreement on Trades in Services (GATS) 135 geosequestration 145, 185–8 geothermal energy 21–2, 164, 202 Germany 117, 196–8 GGAP 86 ghetto mentality for renewable resources 161 governments, see Commonwealth government; State governments Great Barrier Reef 79 Green Paper on Renewable Energy and Energy Conservation(Vic) 13 green power 155–63 Greenhouse and Energy Taskforce (WA) 151 Greenhouse Benchmarks Scheme (ACT) 144–5 Greenhouse Challenge 86 Greenhouse Friendly/Greenhouse Free program 87 Greenhouse Gas Abatement Program 86 Greenhouse Gas Benchmark Rules (NSW) 143 greenhouse gas emissions Australian responses 81–4 climate change effects 52 EPBCA trigger 93 in gas supply 132 reduction schemes 191 State initiatives 139–51 trading in 55, 126, 192–3 Greenpeace 9, 85 Hazelwood mine and power station 153–4 HDR 22 Heat is On, The: Australia’s Greenhouse Future 87 Hilmer National Competition Review 118 hot dry rocks 22 hot groundwater 21 Howard, John, on nuclear energy hydro-electricity 23, 28 hydrogen fuels 13, 25, 205 IGAE 80, 92 Independent Pricing and Regulatory Tribunal (NSW) 142, 170 industry attitudes to energy initiatives 188 energy efficiency 13–16, 203–5 Inquiry into the Role of Demand Management and Other Options in the Provision of Energy Services 170 Intergovernmental Agreement on the Environment 80, 92 Intergovernmental Panel on Climate Change 51, 78, 187 International Atomic Energy Agency 46 international cooperation 64, 214, 221 International Energy Agency 74, 169 international law energy-related 32, 34–77, 198 industry restructuring 113–29 investment, and Free Trade Agreement 135–6 IPCC 80, 92 Johannesburg Plan of Implementation 71–4 joint ventures in gas supply 132 Kyoto Protocol 53–7, 81, see also climate change labelling requirements 174–81, 196 Large User Abatement Certificates 142 least cost abatement measures 54–5 legal issues in energy usage 28–33 liable entities 97, 98–100, 101 Lovins, Amory 60 Low Emissions Technology Development Fund 189 Lowe, Ian Loy Yang Power Station 122 LUAC 142 Lurching forward, looking back 188 INDEX mandatory labelling laws 174 Mandatory Renewable Energy Targets progress towards 102 refining 103 renewable energy in 3, Mandatory Rollout of Interval Meters for Electricity Customers 173 market distortions in gas supply 132 Marrakesh Accords 56 Maryland Energy Administration (US) 191 MCE 124, 127, 133–4 McLennan Magasanik Associates 84 Measures for a Better Environment Package 89 MEPS 177, 195 methanol 22 microeconomic reform, effects of 115, 118 Millennium Development Goals 68 Milne, Christine Minimum Energy Performance Standards 177, 195 Ministerial Council on Energy 124, 127, 133–4 Montreal Protocol on Substances that Deplete the Ozone Layer 64 motor vehicles energy efficiency 12–13, 107–8 fuel consumption standards 204 international law on 70 MRETs, see Mandatory Renewable Energy Targets municipal waste provisions 103 NatHERS 180 National Biodiversity and Climate Change Action Plan 81 National Competition Policy 113, 118 National Electricity Market 119, 121–3 changes to regulation 126–8 COAG review 124–6 Management Commission 97 National Forest Policy Statement 95 National Gas Law 133 National Green Power Accreditation Steering Group 158 National Greenhouse Gas Inventory 123–4 National Greenhouse Gas Inventory Workbook 93 National Objectives and Targets for Biodiversity 81–4 National Third Party Access Regime for Natural Gas Pipelines 130 Nationwide Housing Energy Rating Scheme 180 237 natural gas, see also fossil fuels advanced technologies 206 growth in use of restructuring industry 129 sustainable development 112–38 natural monopolies 113, 130 natural resource management 81 NCP 113, 118 ‘negawatts’ 60 Nelson, Brendan New Earth, A – The Environmental Challenge 85 New South Wales, see NSW New Zealand, drops out of Energy Charter 58 NFPS 95 NGAC 142 NGPASG 158 nitrogen oxide 42, 45 no-regrets policy on climate change 85–7 no-regrets policy on sustainable energy 137 non-binding declarations 66–76 Non-Legally Binding Authoritative Statement of Principles for a Global Consensus on the Management, Conservation and Sustainable Development of All Types of Forests 199 Northern Territory government, overridden on uranium NRM 81 NSW, see New South Wales demand-side management 170–3 environmental planning 151–3 Greenhouse Benchmarks Scheme 141–4 Greenhouse Office 146 labelling requirements 176 regulation of wind farms and biomass 166–7 NSW Cabinet Office report on Kyoto Protocol 83, 84 NSW Greenhouse Abatement Certificate 142 nuclear energy advanced technologies 26 Australian potential 8–9 international law on 39, 45–50 plutonium 8, 27, 49 terrorism risk 27 uranium 2, 49 Nuclear Power: No Solution to Climate Change ocean thermal energy conversion 24 Office of Energy (Qld) 163 238 INDEX Office of the Renewable Energy Regulator 104 offshore wind generators 20 oil, see biofuels; fossil fuels oil tanker disasters 36 OPEC, energy trade with 35 ORER 104 Origin Energy report 84 OTEC 24 Our Common Future 10, 36 ownership of resources 31 Parer Review of the National Electricity Market 102, 125–6 on demand-side management 169 on gas supply 131–3 passive solar systems 17 Pathways and Policies 192 performance measures, AGO 90 photovoltaic electricity generation 17, 86, 89, 189 planning, see environmental issues plutonium, see also nuclear energy production and transportation 8, 49 terrorism potential 27 pollution 39, see also greenhouse gas emissions; nitrogen oxide; sulphur emissions power towers 17 Principles of Development Control 167 privatisation, see also restructuring of power industry of electricity 120, 159 process heaters 14 program delivery, AGO 90 Programme Guidelines for Solar Cities 184–5 Protocol on Energy Efficiency 57–65 public benefit funds 195 public interest 160 PVRP 17, 86, 89, 189 Queensland Greenhouse Strategy 149 supports geothermal energy 165 sustainable housing initiatives 154, 155 RECP 86 Regional Forestry Agreements 95 Regional Greenhouse Gas Initiative (US) 141 registration of renewable energy certificates 101 regulation call for reregulation 137 of gas supply 131 precedes private investment 29 remote area power generation 161 renewable energy access to national markets 125 difficulty competing 115 Federal legislation 95–104 in Australia 3–5 international law on 70 resources 16–26 South Australia 167–8 Renewable Energy Action Agenda 3, 5–7 Renewable Energy Certificates 96–100, 144 Renewable Energy Commercialisation Program 86 Renewable Energy Equity Fund 86 Renewable Fuel Program Administrator 106 Renewable Opportunities: A Review of the Operation of the Renewable Energy (Electricity) Act 2000: 95, 102–4 Renewable Portfolio Standards 193 renewable power percentages 97, 99–100 Renewable Remote Power Generation Program 86 rental buildings, energy efficiency in 11 Report of the Kyoto Protocol Ratification Advisory Group 83, 84 reporting by AGO 91 reregulation of energy market 137 Residential Sustainability Measures 181 restructuring of power industry 112–29, 138, see also Parer Review of the National Electricity Market RFAs 95 Rio Declaration 66 road transport, see motor vehicles RPPs 97, 99–100 Safeguarding the Future package 86, 107 salinity 79 Securing Australia’s Energy Future 182–90 SEI 4–5 Senate Environment, Communications, Information Technology and the Arts References Committee 87–8, 188 solar cells, see photovoltaic electricity generation solar energy 16–19, 201 SOMAs 44 South Australia demand-side management 173 Greenhouse Strategy 149 renewable energy regulation 167–8 spot price of electricity 122 Standing Committee of Officials 128 State and Territory Greenhouse Gas Emissions – An Overview 139 INDEX State governments commitment to green power 155–63 demand-side management 169–74 energy initiatives 139–81 in gas supply 132 renewable energy 137 resource legislation 80 rights and duties 32, 80–1, 199–207 sustainable energy initiatives 163–8 Statement of Approach – A New Legislative Framework for Gas 133 Stationary Energy Sector 140 Stockholm Declaration on the Human Environment 38 sulphur emissions from petrol 104 international law on 42, 43, 45 Sulphur Oxides Management Areas 44 sustainable development 10–33, 60 sustainable energy from fuel 104–7 in electricity and gas 112–38 industry 4–5 initiatives in 163–8 law framework 34, 36 market for 136–7 Sustainable Energy Authority (Vic) 163 Sustainable Energy Development Authority (NSW) 163 Sustainable Energy Development Office (WA) 163 Sustainable Energy Jobs Report 4–5 synthetic greenhouse gases 67 systems-benefits charges 195 Tasmanian Dams case 80 taxes on energy and carbon 190 technology development strategies The Heat is On: Australia’s Greenhouse Future 87 Top Energy Saver Award 177 Total Environment Centre 129 Towards a Truly National and Efficient Energy Market, see Parer Review of the National Electricity Market Towards Sustainable Housing in Queensland 154, 155 trade in energy, see energy transportation, see motor vehicles; road transport Treatment of Demand Management in the Regulatory Framework for Electricity Distribution Pricing 170 239 trigger provisions of activities 92 United Nations Conference on Environment and Development 66 United Nations Framework Convention on Climate Change 52, 64 United States Clean Energy tax 190 Free Trade Agreement 135–6 green power 158 Regional Greenhouse Gas Initiative 141 renewable energy 116 withdraws from Kyoto Protocol 53 uranium 2, 49, see also nuclear energy vehicle fuel cells 25 Victoria demand-side management 173 environmental planning 153–5 Greenhouse Strategy 147–8 supports geothermal energy 164 supports wind energy 163 Victoria: Leading the Way 110 Victorian Civil and Administrative Tribunal 153–4 volatile organic compounds 45 volcanic energy reserves 21 voluntary agreements preferred to regulation 159 Warwick McKibbin Report 83, 84–5 wave energy 24, 25 Western Australia, Greenhouse Strategy 150 wind energy EPBCA developments 93–4 in Australia 5, 19–20 legal issues 202 regulation of 166–7 Victorian support for 163 visual impact of 102 World Commission on Environment and Development 36 World Energy Assessment 2004 Update (UN) 68 World Energy Assessment: Energy and the Challenge of Sustainability 10 World Summit on Sustainable Development 68–71 World Trade Organization (WTO) 136 World Wide Fund for Nature (WWF) 78, 79 ... behind the other major industrialised nations in addressing sustainable energy issues Energy Law and the Environment shows the relevance of energy production and consumption to climate change and. .. Professor and Director of the Australian Centre for Environmental Law (Sydney) at the University of Sydney Adrian Bradbrook is the Bonython Professor of Law at the University of Adelaide and Fellow... Fellow of the Center for Environmental Legal Studies at Pace University Law School in New York Energy Law and the Environment Rosemary Lyster and Adrian Bradbrook Cambridge,