This short paper critically examines the recent Federal Court decision in Wide Bay Conservation Council Inc v Burnett Water Pty Ltd. The case is notable for two key reasons. First, it questions the efficacy of existing provisions made for legal standing under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Secondly, it supports many of the principles one would expect of an adaptive management approach for dealing with scientific uncertainty concerning the impacts of a proposed development on the environment.
Macquarie Journal Of International And Comparative Environmental Law Collection
Publisher version archived with the permission of the Dean, Division of Law, Macquarie University, NSW, Australia. This copy is available for individual, non-commercial use. Permission to reprint/republish this version for other uses must be obtained from the publisher.