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CREEL Annual Report 2019 — Centre for Resources, Energy and Environmental Law (CREEL) Melbourne Law School Annual Report 2019 2019 Contents Welcome 3 Our Purposes 3 Our Objectives 3 Director’s Report 4 Research 5 Research Project Highlights 6 Research Supervision 14 Research Visitors 16 Teaching 19 Master of Environment Law 20 Master of Energy and Resources Law 20 JD and Breadth Subjects 22 Impact and Engagement 23 Events 24 Consultancy Works 32 Awards 34 Media Mentions 34 Presentations at Conferences 35 & Seminars Our Members and Publications 42 Director and Associate Directors 43 Faculty Members 47 Advisory Board Members 58 Welcome The Centre for Resources, Energy and Environmental Law (CREEL) is a long-standing research centre at the Melbourne Law School; established in 1986. CREEL brings together a diverse group of legal scholars, many of whom have interdisciplinary expertise, whose research spans environmental law (with a strong emphasis on international environmental law), climate change and energy law, natural resources laws, water law, mineral and petroleum law, Indigenous peoples’ rights and interests in lands and waters, native title, agreement- making and taxation and finance associated with major projects, disaster law and risk management, as well as legal geography, environmental justice, and the jurisprudential theories that are associated with environmental law and natural resources. CREEL researchers include leading experts in their respective fields, with CREEL academics having a strong record in publications, as well as the attainment of Australian Research Council funding and consultancy projects. The Centre has an active engagement and impact profile with a history of public interest research, including many submissions to government and industry, as well as working with community groups; including Indigenous communities. CREEL has been fortunate to have a very active PhD cohort over the years with many CREEL students contributing across a wide spectrum of CREEL research areas. Until 1996 the Masters’ teaching program associated with the Centre was focused on laws relating to mining, petroleum and water resources; the legal structure and financing of major resources projects; and some aspects of environmental regulation. In 2008, the LLM teaching program was re-structured, and the current Master of Environmental Law and the Master of Energy and Resources Law courses were developed. The CREEL teaching program has continued to expand its subject offerings with many international scholars participating in the courses. Our Purposes CREEL promotes research, teaching and publication on the legal, regulatory and policy frameworks that engage with: • the production and distribution of energy, including climate change law and regulation; • the sustainable development of natural resources; • the protection of the environment and the promotion of ecologically sustainable development; • the provision of infrastructure in urban areas and infrastructure associated with energy and resource development; • the recognition and protection of Indigenous peoples’ rights and interests in land and resources. Our Objectives CREEL staff seek to engage in these activities with respect to contemporary developments and issues in Australia, Asia/Pacific and other selected regions; to extend the Law School’s specialised collection of research and teaching materials relating to energy, natural resources, environmental law and native title and to strengthen existing links and establish new links with other centres in Australia and overseas engaged in equivalent activities. CREEL encourages professionals from industry, investment institutions, government and universities in Australia and overseas to participate in the Centre’s activities. Page 3 of 59 Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Director’s Report Welcome to the Annual Report for the Centre for Resources, Energy and Environmental Law (CREEL) in 2019. CREEL has continued to expand its horizons in research, impact and engagement, and in our teaching program in 2019. Research In 2019 there was a strong focus on emerging research, such as food and sustainability, financial regulation and climate change, planning law and environmental justice, and waste and environmental regulation, alongside CREEL’s well established research directions in areas such as minerals and energy [including renewable energy], constitutional law, taxation, native title and Indigenous peoples’ rights, water law, and a wide spectrum of international environmental law, including climate change law of the sea and trade law. The year has been marked by research underway in several externally funded research projects undertaken by CREEL academic staff. In 2019 new research projects both Australian Research Council and other externally funded projects were initiated; including a major consultancy project for the South Pacific Regional Environment Program involving CREEL academic and professional staff –full details of these and other research are to be found later in this report. CREEL’s success in attracting a wide range of research funding is indicative of the high standing of research within the Centre. Above all, CREEL members have produced an amazing range of publications and other research outputs. The quality of CREEL scholarship and publication has been recognised in various ways. This year saw the prestigious American Society of International Law award a Certificate of Merit in Specialised area of International Law to 4 CREEL co-authors of the book, The Impact of Climate Change Mitigation on Indigenous and Forest Communities (Cambridge University Press 2018). We would also like to record Prof. Sundyha Pahuja’s recognition as a Fellow of the Australian Academy of Social Sciences. CREEL welcomed a new group of Graduate Researchers in 2019, and the diversity and depth in the PhD topics that they are pursuing is evidence of the vibrancy of the research culture. Engagement The Centre has been fortunate this year in having five international research visitors who have enriched the life of the Centre. Our visitors included: Prof. Lavanya Rajamani, Assoc Prof. Neil Craik, Prof. Stepan Wood, Assoc Prof. David Takacs and Jean Monet Professor, Nicolas de Sadeleer. The many visitors have shared their research and scholarship in a wide range of seminars from Climate change and the Paris Agreement to the circular economy and waste which has continued CREEL’s long standing profile in making scholarship readily available to researchers and the general public. CREEL has sponsored or co-sponsored a wide range of seminars and workshops in 2019; the details of which appear later in this report. We have benefited from the many CREEL Academics and Graduate Researchers who have delivered lectures, seminars and workshops within CREEL, the university and in diverse national and international conferences and participated in conferences, blogs, media mentions etc, those are listed within this report. Staff engagement Finally, CREEL is fortunate in being able to interact with academics from other law research centres and to engage with interdisciplinary centres across the University of Melbourne. The CREEL centre administrator is a vital part of maintaining the research and professional linkages among many other tasks that keep CREEL moving forward. Personal thanks to Esther Taylor who was the very effective CREEL administrator for the first part of the year before departing to pursue opportunities in Denmark, and to Astari Kusumawardani who has so quickly and efficiently taken over that role in the second half of 2019. Professor Lee Godden, Director Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 4 of 59 Research Research Project Highlights Research Supervisions Research Visitors About this Template Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 5 of 59 Research Project Highlights Accessing Water to Meet Aboriginal Economic Development Needs Regulating Food Labels: The Case of Free Range Food Products in Australia Property as Habitat: Reintegrating Place, People and Law Legal Dimension of Climate Change Devising a Legal Blueprint for Corporate Energy Transition EME Support/ Evaluation of ClientEarth Phase 2 Image: Reedy Swamp. Photo by Erin O’Donnell Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 6 of 59 Research Project Accessing Water to Meet Aboriginal Economic Development Needs Economic Development’ program supported by a $5M investment from the Victorian State Government, (see Action 6.3 Water for Victoria Plan). Commencing in December 2018, the project is now in its final stages. Throughout all stages, Victorian Traditional Owner groups who are participants or interested in developing, water- related projects have been resourced to participate and contribute their views. Workshops and ‘hands on’ exercises have been Right Image: Gunditjmara eel aquaculture an important part of the project; guided by Photo by Erin O’Donnell feedback from participants. The information and reports developed through the project will be Members of the project team: made available to all First Nations to help build Will Mooney, Executive Officer, MLDRIN knowledge and confidence in accessing and using Dr Moragh Mackay, Senior NRM Policy Advisor Dr Erin O’Donnell, Melbourne Law School water resources. The ‘Accessing water to meet Aboriginal Community building: economic development needs’ (water access) The project is
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