A Duty of Care for the Protection of Biodiversity on Land
„h The overarching policy framework for resource use and management in Australia is Ecologically Sustainable Development (ESD). ESD requires decision-makers to take into account economic development, the environment and social factors in their decisions. „h Australian legislation has tended to incorporate ESD as an input to decision- making, rather than as an outcome. In addition, there is a lack of guidelines on how to weight the components of ESD. Hence the implementation of ESD in Australia may not ensure adequate biodiversity protection. „h There is therefore merit in considering complementary approaches to ensuring adequate protection. In its 1998 inquiry into Ecologically Sustainable Land Management, for example, the Industry Commission proposed the introduction of a statutory duty of care. However, questions remain about how such a duty would work in practice.
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