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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: The 'Triangle' of Australian Energy Law and Policy: Omissions, Connections and Evaluating Environmental Effects
Author(s): Marsden, Simon
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Keywords: Energy law and policy triangle
strategic environmental assessment
Issue Date: 1-Nov-2017
Citation: Marsden S (2017) The 'Triangle' of Australian Energy Law and Policy: Omissions, Connections and Evaluating Environmental Effects. Journal of Environmental Law, 29 (3), pp. 475-503.
Abstract: Utilising the theory of the ‘Energy Law and Policy Triangle’, this article analyses the consequences of not having a comprehensive national energy policy, whereby economics, environment and politics are all included. While focusing on two of the three points of the Triangle—economics and environment—the Australian 2015 Energy White Paper has not incorporated the third fully—the politics of energy security—and environmental protection is also inadequate. The article argues that the absence of a comprehensive national energy policy leaves Australia open to piecemeal, reactive approaches to critical issues. Using the example of the South Australian Nuclear Fuel Cycle Royal Commission it highlights the implications of a federal policy vacuum, as whatever decisions the South Australian Government takes on waste disposal, it is unclear whether the Australian Government will support them. It recommends the development of a comprehensive policy, clearer links between aspects, and to apply strategic environmental assessment to significant environmental effects of policy.
DOI Link: 10.1093/jel/eqx018
Rights: This item has been embargoed for a period. During the embargo please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study. This is a pre-copyedited, author-produced version of an article accepted for publication in [insert journal title] following peer review. The version of record Simon Marsden; The ‘Triangle’ of Australian Energy Law and Policy: Omissions, Connections and Evaluating Environmental Effects, Journal of Environmental Law, Volume 29, Issue 3, 1 November 2017, Pages 475–503, is available online at:

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