Applying EIA to Legislative Proposals: Practical Solutions to Advance ESC in Commonwealth and State Policy-Making

This article considers the potential application of EIA to legislative proposals. Legislative proposals are an aspect of government policy-making, and the application of EIA to them therefore constitutes a form of Strategic Environmental Assessment. Adaptation of the Cabinet mechanism is recommended as it offers a practical means of assessment. Its present application to legislative proposals across the board means it need only be adapted for further environmental consideration. ESD forms the framework for EIA specifically and environmental policy generally, and cabinets in Australia are already obliged to consider ESD in the policy process. Through a consideration of recent developments in North America and Europe it is recommended that a flexible, non-legislated process be applied in order that experience is gained. If at all possible, the legislature should also be involved in order that the public may have a role. If the process is successful, it may be extended to other policy areas and possibly given a legislative base.