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Abstract

Environmental law functions through temporal concepts and time-related mechanisms, aswell as influences the timescales of natural systems through its regulation of environmentalimpactingactivities. These textures of time are not only poorly conceptualised in accountsof environmental law, many environmental decisions diverge from the timescales ofbiological, ecological and climatic systems. The dominant philosophy of sustainabledevelopment, which orientates governance to the future, has displaced our attention fromother germane temporal dimensions of governance, namely: repairing historic ecologicaldamage (ie past time), improving the law’s responsiveness to mutable circumstances(ie adaptive time), and managing the pace of environmental change (ie tempo). Theseweaknesses stem from deficiencies in the design of laws and their cultural and economicmilieu. With primary reference to the Australian context, this article advances a novelcritique of environmental law through the lens of time and suggests ways to align it withnature’s timescales.

Item Type:	Article
Authors/Creators:	Richardson, BJ
Keywords:	time, environmental law, Australian law
Journal or Publication Title:	Environmental and planning law journal
Publisher:	Thomson Reuters
ISSN:	0813-300X
Copyright Information:	Copyright © 2018 Thomson Reuters (Professional) Australia Limited
Related URLs:	Google Scholar: Richardson, BJ UTAS Profile: Richardson, BJ
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