Aspects of wetland law and policy in Australia

The existence of laws and policies in Australia that affect wetland protection and rehabilitation has been ascertained. There is a diverse range of environmental legislation, primarily at the state level, that potentially affects wetlands. There are environmental planning instruments made under legislation in New South Wales and Western Australia, which are specifically directed to the protection of wetlands. These are legislative-backed mechanisms providing legal protection to wetlands. Whilst there is no national policy on wetlands, a draft Commonwealth policy has been circulated and is expected to be released in final form in February 1997. New South Wales is the only state with a current wetlands policy, whilst some other states have draft policies. These policies do refer to wetland rehabilitation. The present federal government indicated it wished to finalize a national wetlands policy in the lead up to its election in March 1996. This is not likely to happen soon and any national policy will probably be an implementation framework for the policies of individual governments. It is suggested that a commonwealth policy, whilst useful in providing consistency in commonwealth government decision making affecting wetlands, does not go far enough. Given that only one state in Australia has a wetland policy, it may take the formulation of a national policy to get the remaining states and territories in Australia to finalize their own policies.