Soils Governance in Australia: challenges of cooperative federalism
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Abstract
This paper analyses soil governance in Australia and the challenges facing sustainable natural resource management within the context of a cooperative system of federation and a globalised market economy. With only 6 per cent of the Australian landmass considered arable, one would assume that protecting Australia’s valuable soil resource would be of national significance. However, Australia currently lacks nationally consistent policies and legal instruments to ensure that its soil is protected, maintained and enhanced for future generations. While recognising that soil governance is a broad discipline encompassing many areas of soil science and management, this discussion will only focus on the soil conservation aspects of sustainable ecosystems and sustainable food and fibre in Australia; it will not explore in depth issues of soil contamination and other pollution related areas. The paper discusses: the state of Australian soils and the managers of these resources; current soil governance in Australia (based on the Food and Agriculture Organisation of the United Nations definition); and a case study example of an Australian state approach to landuse conflict and the protection of agricultural lands. The paper highlights policies and institutional arrangements required for the protection of Australian soil and the very communities that are attempting to steward these resources for future generations.
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References
ANZECC and MCFFA National Forest Policy Statement Implementation Sub-committee, Nationally Agreed Criteria for the Establishment of a Comprehensive Adequate and Representative Reserve System for Forests in Australia (1997) (http://www.forestry.gov.gy/nfps.htm)
Australian Bureau of Statistics, ‘Australia's Environment: Issues and Trends, 2007’ (no 4613.0, ABS, 2007)
Australian Bureau of Statistics, ‘Natural Resource Management on Australian Farms 2006-07’ (no 4620.0, ABS, 2008)
Australian Bureau of Statistics, ‘Natural Resource Management on Australian Farms 2004-05’ (no 4624.0, ABS, 2008)
Australian Bureau of Statistics, ‘Measures of Australia's Progress, 2010’ (no 1370, ABS, 2010)
Australian Bureau of Statistics, ‘Australian Social Trends December 2012’ (no 4102.0, ABS, 2012)
Australian Bureau of Statistics, ‘Year Book Australia, 2012’ (no 1301, ABS, 2012)
Australian Bureau of Statistics, ‘Agricultural Resource Management Practices, Australia, 2011-12’ (no 4630.0, ABS, 2013)
Australian Bureau of Statistics, ‘Regional Population Growth, Australia, 2012-13’ (no 3218.0, ABS, 2014)
Australian Bureau of Statistics, ‘Australian Environmental-Economic Accounts 2014’ (no 4655.0, ABS, 2014)
Australian Government, ‘Agricultural Competitiveness’ (Issues Paper, Australian Government, 2014)
Australian Government, ‘Developing Northern Australia’ (Green Paper, Australian Government, 2014)
Australian Government, One Stop Shop for Environmental Approvals Department of the Environment
Australian Government, Intergovernmental Agreement on National Drought Reform Department of Agriculture < http://www.agriculture.gov.au/ag-farm-food/drought/drought-policy/drought-program-reform/iga-national-drought-program-reform>
Australian Government and NSW Government, National Partnership Agreement on Coal Seam Gas and Large Coal Mining Development - NSW Referral Protocol (Planning NSW, 2013)
Barson, M, J Mewett and J Paplinska, 'Trends in On Farm Biodiversity Management in Australia's Agricultural Industries' (Caring for our Country Sustainable Practices Fact Sheet 5, Department of Agriculture, Fisheries and Forestry, 2012)
R J S Beeton, Kristal I Buckley, Gary J Jones, Denise Morgan, Russell E Reichelt and Dennis Trewin, 'Australia State of the Environment 2006’ (Independent Report to the Australian Government Minister for the Environment and Heritage, Australian State of the Environment Committee, Department of the Environment, 2006)
Bradsen, J, ‘Law and Policy at Odds over Aussie Resources’ (1997) 12 Forum for Applied Research and Public Policy 115
Campbell A, 'Managing Australia’s Soils: A Policy Discussion Paper' (9780980371413, National Committee on Soil and Terrain, 2008)
CSIRO, Acid Soils a Ticking Time Bomb (CSIRO Plant Industry, 2005)
CSIRO, The Soil Carbon Research Program and Beyond (CSIRO, 2014)
Department of Foreign Affairs and Trade, Australia's Environment at a Glance (2014)
Department of the Environment, Indicator: BD-17 Institutional Response to Loss of Native Vegetation (2006)
Ecological Australia, Biodiversity Strategy Liverpool Plains (Prepared for Liverpool Plains Shire Council, 2010)
Environmental Defenders Office (Victoria) Ltd, ‘Environmental Justice in Australia’ (Discussion Paper, 2011)
Food and Agriculture Organisation of the United Nations, 'Soils Policy and Soil governance' (2014)
French, Robert, 'The Future of Federalism the Incredible Shrinking Federation Voyage to a Singular State' (2008) (17) Federal Judicial Scholarship
Geoscience Australia, ‘Land Tenure’ (Geoscience Australia, 2014)
Hannam, Peter, 'BHP's Caroona Coal Mine Fails Gateway Test', Sydney Morning Herald (Sydney), 11 July 2014,
Holzworth, P, Forest Conservation Started in the 19th Century Queensland Forests Service,
House of Representatives Standing Committee on Climate Change Environment and the Arts, 'Managing Australia's Biodiversity in a Changing Climate: The Way Forward' (House Hansard, Parliament of Australia, 2013)
Independent Expert Scientific Committee on Coal Seam Gas and large Coal Mining Development, Advice to decision maker on coal mining project IESC 2014-047 Caroona Coal Project - New Development (IESC Canberra, 2014)
Irrigation Act 1886 (Vic)
Love C, Evolution of Landcare in Australia: In the context of Australian Government natural resource management policy and programs (Australian Landcare Council Secretariat, Canberra, 2013)
Martin P and Williams J, ‘Science Hubris and insufficient safeguards ’ (2014) 31 Environmental and Planning Law Journal
Maules Creek Community Council
Millner F, ‘Access to Environmental Justice’ (2011) 16 Deakin Law Review 189
National Farmers Federation, 'NFF Farm Facts: 2012' (2012); ABS, 'Australian Social Trends' (no 4102.0, December 2012)
National Water Initiative in 2004 (http://www.nwc.gov.au/nwi)
Natural Heritage Trust of Australia Act 1997
NSW Department of Environment and Heritage, Gully Erosion
NSW Government Mining and Petroleum Gateway Panel, 'Report by the Mining & Petroleum Gateway Panel to Accompany a Conditional Gateway Certificate for the Caroona Coal Project' (2014)
Preston, B, Internalising Ecocentricism in Environmental Law (2011) Griffith University
Primary Industries and Regions SA, A History of Agriculture in South Australia (2003) Government of South Australia
Reef Plan and Greater Barrier Reef Marine Park
Richardson D and R Denniss, Mining the Truth (The Australia Institute, 2011)
Sand Drift Act 1889 (WA)
Sand Drift Act 1923 (SA)
Schlumberger Water Services (Australia) Pty Ltd, 'Namoi Catchment Water Study Independent Expert Final Study Report' (no 50371/P4-R2 final, Department of Trade and Investment, Regional Infrastructure and Services, July 2012)
Scott, Bruce, Constituency Statements (25 June 2014) Export House of Representatives Debate
Soil and Land Utilisation Act 1970 (NT)
Soil Conservation Act 1938 (NSW)
Soil Conservation Act 1939 (SA
Soils Conservation Act 1940 (Vic)
Soil and Land Conservation Act 1945 (WA)
Soil and Conservation Act 1951 (Qld)
Soil Conservation Act 1960 (ACT)
SOS Liverpool Plains
Standing Committee on Agriculture and Resource Management Sustainable Agriculture: Assessing Australia's Recent Performance (CSIRO Publishing, 1998)
State of the Environment Committee, 'State of the Environment Report 2011' (Independent report to the Australian Government Minister for Sustainability, Environment, Water, Population and Communities, DSEWPaC, 2011)
The Sydney Gazette and New South Wales Advertiser, General Orders (No 32 vol L, 9 October 1803)
Water Act 2007 (Cth)
Western Lands Act 1901 (NSW)
White R, ‘Resource Extraction Leaves Something Behind: Environmental Justice and Mining’ (2013) 2 International Journal for Crime and Justice 50
Williams, J, and P Martin, Defending the Social Licence of Farming: Issues, Challenges and New Directions for Agriculture (CSIRO, 2011)