Environment and Climate Regulation Comparative Guide

1 Legal framework

1.1 Which legislative and regulatory provisions govern environment and climate regulation in your jurisdiction?

Australia has a federal system of government established by the Australian Constitution in 1901. The Commonwealth does not have direct constitutional power to make laws for the environment. Instead, its limited environmental jurisdiction derives from indirect constitutional powers, including the external affairs power (eg, implementing Australia's obligations under international agreements) and the corporations power.

State/territory legislation is the principal form of environmental regulation in Australia. The states/territories have the power to legislate on environmental matters generally.