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Australian Journal of Asian Law

Abstract from Volume 1 No 2 (1999)

The Primacy of Development: Environmental Impact Assessment In Indonesia and Australia

Margaret A Young(BA, LLB (Hons), (Melb)) is Associate to the Chief Justice, Federal Court of Australia.

This article analyses the implementation and enforcement of Environmental Impact Assessment in Indonesia and Australia. Part 1 reviews the legal framework of EIA in Indonesia and Part II examines the legal framework in Australia, with particular emphasis upon the Commonwealth and Victorian jurisdictions. In Part III, the enforcement of EIA in both countries is analysed. The article investigates the underlying causes of the inefficiencies and problems in the framework of these national environmental laws. An important cause of the failure of both nations to achieve effective enforcement of EIA is located in the 'development paradigm', which compels governments to prioritise industrial growth, resource utilisation and increased consumption over environmental threats.

(1999) 1(2) Asian Law 154

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