The 'Triangle' of Australian Energy Law and Policy: Omissions, Connections and Evaluating Environmental Effects

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.