Australian projects designed for the production, distribution and use of energy are generally governed by specific legislation within individual States, mostly for the promotion and regulation of resource development. These projects are also subject to environmental protection provisions in Commonwealth and State legislation, in particular environmental impact assessment legislation, which has a much longer history than in Europe. This paper examines the application of the Commonwealth and the South Australian environmental impact assessment legislation to South Australian energy related projects, focusing on the period from 1982–1993. The paper notes the importance of the State government and its instrumentalities in all major energy supply and energy use projects. The paper also notes that significant energy related projects are subject to public scrutiny through the environmental impact assessment process in South Australia but that key energy policy decisions which may also have significant impacts are not subject to the same public scrutiny. The paper concludes by canvassing strategic environmental assessment options as an alternative to project based assessment for energy related projects.
Get full access to this article
View all access options for this article.
References
1.
AndersonE M (1986) Environmental Impact Assessment in Australia and Overseas, report to the Department of Arts, Heritage and Environment, Canberra.
2.
ANZECC (1991) A National Approach to El A in Australia, Australian and New Zealand Environment and Conservation Council, Canberra.
3.
Atomic Energy Act, 1953, Commonwealth of Australia, Australian Government Publishing Service, Canberra.
4.
Australian Conservation Foundation Inc. and Conservation Council of South Australia v The State of South Australia and Ophix Finance Corporation Pty Ltd (1990) South Australian State Reports Vol. 53: 349.
5.
Australian National Audit Office (1993) Energy Programmes of the Department of Primary Industry and Energy, Canberra.
6.
Australian Nuclear Science and Technology Act, 1987, Australian Government Publishing Service, Canberra.
7.
BatesG M (1992) Environmental Law in Australia, Butterworths, Sydney.
8.
Department of Environment and Land Management (1993) State of the Environment Report for South Australia, 1993, Department of Environment and Land Management.
9.
ESDWG (1991a) Ecologically Sustainable Development Working Group on Energy Use, Final Report, November1991, Australian Government Publishing Service, Canberra.
10.
ESDWG (1991c) Ecologically Sustainable Development Working Group on Mining, Final Report, November1991, Australian Government Publishing Service, Canberra.
11.
EIA Review Committee (1990) Environmental Impact Assessment in South Australia, South Australian Government Printer, Adelaide.
12.
Ecologically Sustainable Development Steering Committee (1992) National Strategy for Ecologically Sustainable Development, Australian Government Publishing Service, Canberra.
13.
Environment Protection (Impact of Proposals) Act, 1974, Australian Government Publishing Service, Canberra.
14.
Electricity Trust Act of South Australia, 1946, South Australian Government, Adelaide ETSA (1985) Northern Power Station Unit 3, Draft Environmental Impact Statement, Prepared for the Electricity Trust of South Australia by Kinhill Stearns Pty Ltd, Adelaide.
15.
Fisheries Act, 1982, South Australian Government, Adelaide
16.
HarveyN (1992) South Australia's Coastal Marina Strategy: Planning Success or Recession Victim?, Australian Planner, Vol. 30: 4-7.
17.
HarveyN (1994) Timing of Environmental Impact Assessment: Where are the delays? Australian Planner, Vol. 32 (in press).
18.
HarveyN and FergusonK (1994) Environmental Impact Assessment in South Australia: Towards 2000, University of South Australia and Planning Education Foundation of South Australia, Planning Paper Series, Vol. 4 (50p).
19.
HarveyN and SwiftP J (1990a) Contrasts in Processing Coastal Marina Applications in South Australia, Australian Planner, Vol. 28: 44-47.
20.
HarveyN and SwiftP J, (1990b) Coastal Marinas in South Australia: Environmental Issues and Strategic Planning, Australian Geographer, Vol. 21: 145–?
21.
Intergovernmental Agreement on the Environment (1992) Australian Government Publishing Service, Canberra.
22.
LeeN and WalshF (1992) Strategic Environmental Assessment: An Overview, Project Appraisal, Vol. 7: 126-136.
23.
National Greenhouse Steering Committee (1992) National Greenhouse Response Strategy, Australian Government Publishing Service, Canberra.
24.
Native Vegetation Act, 1991, South Australian Government, Adelaide
25.
Native Vegetation Management Act, 1985, South Australian Government, Adelaide
26.
Nuclear Non-Proliferation (Safeguards) Act1987, Australian Government Publishing Service, Canberra
27.
PASA (1985a) Wasleys to Adelaide Pipeline (Southern Section), Draft Environmental Impact Statement, Prepared by Kinhill Stearns Pry Ltd for the Pipelines Authority of South Australia, Adelaide
28.
PASA (1985b) Wasleys to Adelaide Pipeline (Southern Section), Supplement to the Draft Environmental Impact Statement, Prepared by Kinhill Steams Pty Ltd for the Pipelines Authority of South Australia, Adelaide
29.
Pipeline Authority Act of South Australia1969, South Australian Government, Adelaide
30.
Roxby Downs Indenture Ratification Act, 1982, South Australian Government, Adelaide
31.
SADEP (1986) Assessment Report of the Wasleys to Adelaide Pipeline (Southern Section) Environmental Impact Statement, South Australian Department of Environment and Planning, Adelaide.
32.
South Australian Advisory Committee on Future Electricity Generation Options (1984) Final Report of the Advisory Committee on Future Electricity Generation Options, Department of Mines and Energy, South Australian Government, Adelaide
33.
South Australian Development Act, 1993, South Australian Government, Adelaide
34.
South Australian Government (1992) Electricity Supply Options for South Australia, February 1992, SA Government Printer.
35.
South Australian Government (1991) Future Energy Directions for the Energy Sector in South Australia, January 1991, SA Government Printer.
36.
South Australian Mining Act, 1971, South Australian Government, Adelaide.
37.
South Australian Petroleum Act, 1940, South Australian Government, Adelaide
38.
South Australian Petroleum (Submerged Lands) Act, 1981, South Australian Government, Adelaide
39.
South Australian Planning Act, 1982, South Australian Government, Adelaide
40.
National Environmental Policy Act, 1969, United States of America, Federal Government, Washington
41.
Victorian Environmental Effects Act, 1978, Government of Victoria, Melbourne
42.
WathernP. (1988) Environmental Impact Assessment, Theory and Practice, Unwin Hyman, London.
43.
WebbJ.W. and SigalL.L. (1992) Strategic Environmental assessment in the United States, Project Appraisal, Vol. 7: 137-141.
44.
Western Mining Company (1983a) Kingston Lignite Mine Draft Environmental Impact Statement, prepared by Kinhill Steams Pty Ltd.
45.
Western Mining Company (1983b) Kingston Lignite Mine Supplement to the Draft Environmental Impact Statement, prepared by Kinhill Steams Pty Ltd.
46.
Wilpena Station Tourist Facility Act, 1990, South Australian Government, Adelaide.
47.
WoodC (1992) Strategic Environmental Assessment in Australia and New Zealand, Project Appraisal, Vol. 7: 143-141.
48.
WoodC (1993) Environmental Impact in Australia: Can the Old World Learn from the New? International Environmental Affairs, Vol. 5, 256–274.
