Law is order, and good law is good order: The role of governance in the regulation of invasive alien species

Lawbook Co.
Publication Type:
Journal Article
Environmental and Planning Law Journal, 2012, 29 (16), pp. 16 - 44
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In Australia, invasive alien species (IAS) are the second largest threat to biodiversity after loss of habitat. International obligations provide that Australia should prevent the introduction of, or control or eradicate those alien species that threaten ecosystems, habitats or species. Yet, designing and implementing effective IAS regimes remains elusive. It is a multidimensional exercise that engages a variety of actors across all levels of government. The purpose of this paper is to examine complications stemming from governance of IAS regimes in federal systems where law-making power is shared. It is argued that Australia has created a governance system for IAS largely based on political compromises that still presents the Federal government with the opportunity of providing a national framework for regulation of IAS. However, the Federal government has only partially grasped this opportunity, leaving the regime peppered with gaps and inconsistencies that fall short of the potential available to it.
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