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  • 8/10/2019 1988-89 cabinet paper 6548

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    CABINET IN CONFIDENCE

    4

    opy

    No

    Submission

    6548

    C A B I N E T M I N U T E

    Canberra,

    5

    Ju ly 1989

    No. 12773

    In t e rna t i ona l

    Environmental

    Trea t i e s

    Aust ra l ian Approach

    The Cabinet agreed t h a t

    : -

    a)

    Aust ra l ia

    t ake an

    ac t ive ro le

    in : -

    i ) s t rengthening ex i s t i ng

    i n t e rna t iona l

    l ega l

    ins t ruments ,

    notably

    the

    Montreal

    Protocol

    on

    Substances

    tha t

    Deplete

    the

    Ozone Layer; and

    i i ) developing

    a new

    dra f t

    framework

    convent ion with in an

    appropr ia te

    forum,

    with

    the im of f ac i l i t a t i ng the

    adopt ion

    o f

    i n t e rna t i ona l and reg iona l

    measures

    connected

    with

    c l ima te

    change;

    (b) a comprehensive approach i s needed

    to

    developing

    measures on

    c l imate

    change, inc luding

    ac t i on

    to

    reduce the emiss ion o f a l l greenhouse gases , to

    improve

    the

    e f fec t i veness of

    s inks

    and to

    implement

    adapta t ion

    s t ra teg ie s ; and

    .

    /2

    This document

    is

    the property of the Australian Government

    and is

    not

    to be

    copied or reproduced

    CABINET IN CONFIDENCE

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    CABINET IN CONFIDENCE

    2.

    No.

    12773 Contd)

    2 .

    3.

    c ) the development o f appropria te i n t e rna t iona l

    funding and

    technology

    t r a n s f e r

    arrangements

    be

    explored to a s s i s t in

    development

    and

    implementation o f the

    comprehensive

    approach

    re fe r red to

    in

    sub-paragraph

    b) above; and

    d) Aust ra l ia of fe r to

    hos t

    ne go t i a ti ng s e s s ion

    for the development o f

    the d ra f t

    framework

    a )

    cl imate convention

    r e fe r red to

    in

    sub-paragraph

    a ) ii .

    The Cabinet

    noted

    : -

    t ha t the

    new

    convent ion r e fe r red t o

    in

    sub-paragraph

    a )

    above i s l i k e ly

    to

    requi re the

    adopt ion o f

    new

    l ega l pr i nc i p l e s ; and

    b) t ha t Cabinet cons ide ra t ion should precede any

    support by Aus t ra l i a in i n t e rna t iona l

    negot ia t ions o f

    new

    l ega l

    pr inc ip l e s .

    The

    Cabinet

    a l so agreed tha t Aust ra l i a t ake

    an

    ac t ive ro l e

    in the

    ne go t i a t i ons

    being

    convened

    by the

    Uni ted

    Nat ions Environment

    Program

    on

    proposed convention fo r the

    pro t ec t i on of b io logica l d ive rs i ty .

    Secre ta ry to Cabinet

    This document is the property

    of the

    ustralian Government and is not to be copied

    or reproduced

    CABIN ET 1 N CON

    Fl

    DENCE

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    Title

    M inister

    Purpose/Issues

    Sensitivity

    Criticism

    Legislation

    involved

    ency:

    1... tical/significant

    dates

    ) lsultation:

    Ministers/Depts

    consulted

    Is there

    agreement?

    Timing handling of

    announcement

    Cost

    CABINET IN C

    0 N l

    EN

    CE

    OR

    C BINET

    Submission No 6

    54

    8

    Copy No. 43

    INTERNATIONAL

    E ~ V I R O ~ ~ N T L TREATIES : AUSTRALIAN APPROACH

    Senator the Hon Gareth Evans QC, Minister

    for

    Foreign

    Affairs and Trade, the Hon John Kerin, Minister for Primary

    Industr ies and Energy and Senator

    the

    Hon Graham

    Richardson, Minister for the Arts, Sport, the Environment,

    Tourism and Terr i tor ies .

    The

    submission

    outl ines the main issues arising from

    proposals to

    draw up

    international

    conventions on climate

    change

    and bio-diversi ty and recommends

    the approach

    s t ra l ian

    representat ives

    should

    adopt.

    binet

    Minute No 12416 confirmed the Government s concern

    ~ - o

    deal posi t ively with

    greenhouse

    issues, and Cabinet

    inute No 12288 endorsed a strengthened, bet ter

    coordinated Austral ian response to the developing

    international

    debate on environmental issues.

    Both the

    public

    generally, and environment and industry

    groups

    will

    cr i t i c i se any fa i lure

    to

    act

    global ly on

    climate change and bio-diversi ty issues

    to

    the detriment of

    Austral ia s in teres t s

    None

    a t

    this stage.

    Australia wil l

    need

    to

    have

    a

    broad

    posit ion on climate

    change

    a t least by

    the 44th

    session

    of

    UNGA (September,

    1989), and a

    substant ive

    posit ion on several

    of

    the

    major

    issues by

    the time of the

    Hague

    M i n i ~ t e r i a l Conference in

    November

    1989. Negotiations

    for

    conventions

    on

    climate

    change and

    on bio-diversi ty

    wil l commence in

    early 1990.

    Departments of the Prime Ministei and

    Cabinet;

    Attorney-General s; Industry, Technology and Commerce;

    Treasury; Finance;

    Administrative

    Services; Community

    Services and Health.

    No (See comments

    a t

    A t t a c r ~ e n t C

    To

    be

    included

    in the Prime Minister s

    statement on

    the

    environment

    in

    July

    89

    90

    90

    91

    91

    Fin Yr ( Fin

    Yr

    ( ) Fin Yr (

    92

    The two Conventions are

    unlikely to be ready for adoption

    before 1992.

    I t

    is not possible to

    predict

    whether

    they

    will

    have

    funding

    implications.

    This document

    is the

    property o

    the ustral ian Government and is not to be copied or reproduced

    CABINET IN CONFIDENCE

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    CABINET IN CONFIDENCE

    CLIMATE

    CHANGE

    : BACKGROUND

    The extent and

    dis t r ibut ion of

    greenhouse-induced

    warming is not yet known. I t is

    widely agreed that

    some

    global warming

    is

    taking

    place and will

    continue

    as a

    resul t

    of

    the

    greenhouse

    effec t .

    In developing

    policy

    responses to

    climate

    change

    i t is important

    to

    allow

    for

    the

    long lead times

    involved in controll ing l ikely

    greenhouse effects .

    The

    preferred

    approach is

    to

    take

    actions now that wil l help to achieve

    both

    greenhouse and

    other policy

    goals.

    2. Strategy elements

    already

    approvec

    by

    Cabinet

    include

    active

    involvement

    in

    and

    support

    for

    .

    the

    WMO UNEP

    Intergovernmental Panel on Climate Change IPCC) and the

    development of

    framework

    conventions

    on

    the

    protection

    of

    the atmosphere

    and on

    climate

    change,

    with indivicual

    protocols to follow on

    specif ic issues as

    sc ient i f ic

    knowledge

    and

    public opinion permit. All governments have

    been invited

    to submit

    comments to Working Group

    I I I

    of

    the

    IPCC

    Response

    Strategies) on

    the

    scope for strengthening

    exist ing

    instruments,

    whether

    a new

    framework

    convention

    is

    required

    on

    climate

    . change, and

    i f

    so, what elements

    i t

    might

    include.

    CLUIATE CHANGE ISSUES

    3. Existing international

    environmental

    agreements,

    apart

    from those dealing with ozone depleting substances, only

    incidental ly

    address

    greenhouse

    issues.

    They do

    not

    together address the

    large

    number of diverse and

    in ter re la ted

    act ivi t ies relevant to

    global climate change

    and

    i t s

    effects .

    Others

    are

    of l imitec

    geographical

    scope.

    The

    review of

    the Montreal Protocol on

    Substances that

    Deplete the Ozone Layer to el iminate the

    procuction

    and

    use

    of CFCs

    and

    halons by the year

    2000

    should be expedited.

    These are par t icular ly

    active greenhouse gases

    which are

    s t i l l increasing rapidly and

    are

    capable of being

    controlled.

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    3

    C BINETIN

    CONFIDENCE

    4.

    Austral ia has already

    supported

    UN

    General

    Assembly

    resolut ion

    43/53, the Hague Declaration on Protect ion of

    the

    Atmopshere of

    11

    March

    1989 and a

    United

    Nations

    Environment Program

    UNEP)

    Governing Council

    Decision

    adopted on 24 May 1989,

    a l l

    of which support the

    development

    of

    a new internat ional

    convention

    on

    climate

    change. Aust ra l ia s

    se l f in teres t

    coulc be

    comprowisec

    by

    an

    uncontrolled random process

    of legal and

    other

    responses

    to

    climate

    change.

    Austral ia

    should

    play

    an

    active role

    in

    global effor t s to elaborate

    a

    comprehensive

    convention

    on

    climate change

    to ensure tha t i t is based

    on

    sound

    environmental

    and

    economic principles and

    meets

    Aust ra l ia s

    in teres ts .

    5. ~

    are a large exporter of energy (energy

    exports

    represented 17

    percent

    of

    exports

    in 1987-88);

    foss i l

    fuel

    based energy

    is

    a major source of global greenhouse

    emissions (around 50

    percent)

    and energy-based ac t iv i t ies

    wil l be a major area of

    adaptation

    to global warming.

    Austral ia is a large exporter of agricul tural commodities.

    Agricul tural production is

    not

    only

    an important source of

    greenhouse

    emissions,

    but

    wil l

    be i t s e l f

    signif icant ly

    affected

    by

    greenhouse impacts

    (methane in part icular)

    Agriculture

    represented 38 percent of exports

    in

    1987-88.

    Aust ra l ia s

    fragi le agricul tural

    environment is

    par t icular ly vulnerable to soi l degradation, ra in fa l l

    var iab i l i ty and

    other cl imate-relatec factors . The urban

    set t lement pattern (over

    80 percent

    of

    the

    population

    i s

    concentrated in

    the south

    east

    corner

    of the country)

    i s

    vulnerable to the

    impacts

    of

    climate

    change.

    Aust ra l ia s

    long

    coast l ine

    and i t s disproport ionately great

    share

    of

    the

    world s

    biological diversi ty make i t uniquely sensi t ive

    to the impacts of climate change. Unless these issues are

    addressed

    urgently

    and effect ively, any compensating

    gains

    for

    Australia

    from climate changes wil l not be real ised.

    There

    are

    also l ikely

    to

    be impacts for Austral ia from

    problems

    aris ing

    from climate change in

    the

    region,

    par t icular ly in re la t ion to the

    small i s land countr ies .

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    4.

    CABINET I

    CONFIDENCE

    6. A

    framework convention

    is

    essent ia l in

    order to enable

    an integrated approach to these issues

    and those set out

    below.

    But i t

    should be developed

    and implemented

    in

    conjunct ion with

    other

    appropriate

    responses to cl imate

    change.

    These include

    purely domestic act ion for

    which

    appropriate principles

    (eg

    to deal with pol lut ion from

    diverse sources) should be developed,

    the

    vesting

    in

    exist ing internat ional

    organisat ions of new

    responsib i l i t ies and powers

    and

    other in ternat ional

    act ion

    with par t icular

    emphasis on Au stra l ia s

    regional in te res ts .

    s

    implementation of a

    framework convention will

    touch upon

    the Sta tes and

    Terr i tor ies responsib i l i t ies ,

    there is

    a

    need for close and ongoing consultat ion with the i r

    Governments.

    7. Elements for inclusion in

    a

    framework convention

    wil l

    most l ike ly include general obl igat ions and

    princ iples ,

    cooperation, response

    mechanisms,

    monitoring, l i ab i l i t y and

    compensation, and ins t i tu t ional arrangements.

    These

    elements are fur ther elaborated in Attachment A Ministers

    wil l need

    to

    be approached

    again

    for endorsement of

    speci f ic

    proposals

    once

    the

    negotiat ing

    process

    has

    commenced

    8. There is

    general

    agreement

    tha t

    any

    convention will

    have to d d r ~ s s a l l aspects

    of the

    climate change i ssue,

    namely,

    l imits

    on

    emissions, improving

    the

    effect iveness of

    sinks

    ( ie .

    natural methods of absorbing

    or

    destroying

    greenhouse

    emissions) and the necessi ty

    of

    adapting

    to the

    impacts

    of

    climate

    change.

    Specifical ly,

    governments

    wil l

    need

    to

    consider

    l imi ts on

    a l l greenhouse gas

    emissions,

    the

    impact

    of deforesta t ion, reaffores ta t ion and other

    human ac t iv i t i es

    on s inks , and the

    scope

    for developing

    adaptat ion pol ic ies

    in

    regard

    to matters

    such

    as

    coastal

    zone

    management,

    agriculture , urban set t lement,

    public

    heal th and

    protect ion

    of

    unmanaged resources.

    In ceveloping

    crea t ive approaches to these matters a fu l l range of

    implementation

    mechanisms

    wil l

    need

    to

    be

    considered,

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    5

    CABINET IN CONFIDENCE

    including

    legal measures economic measures funding

    t ransfers technology t ransfers public education

    and

    sc ien t i f i c

    and

    research interchanges.

    9.

    The two key issues for Austral ia

    are

    the need for

    posit ive

    action and the

    need

    to develop funding mechanisms

    to fac i l i t a te

    structural change in

    countries

    disadvantaged

    by

    an

    obl igat ion to implement policy responses.

    With regard

    to the

    former

    we need to

    address

    posi t ive ly the

    issue of

    set t ing

    objectives for the

    reduction or elimination

    of

    greenhouse

    emissions.

    On

    the

    question

    of

    l i ab i l i ty

    we

    wil l

    need to

    ensure

    tha t

    Austra l ia could only

    be

    accountable for

    emissions

    di rec t ly

    ar is ing from i t s own resource use and

    not for

    emissions

    arising

    from

    the

    use

    by

    other countries

    of resources

    exported

    from

    Australia .

    With regard to

    compensation

    Australia

    must be will ing

    to

    accept the need

    for f inancial

    and

    technological t ransfers to occur

    par t icular ly i f developing countries are

    going

    to respond

    posi t ive ly to

    the need for a convention. The cr i t i ca l role

    of these

    types

    of

    t ransfers has been made

    clear

    in the

    negotiat ion of international instruments on ozone depleting

    substances

    where

    developing

    countries are

    s t i l l

    re luctant

    to become act ive

    par t ic ipants

    without outside help.

    BIO DIVERSITY : B CKGROUND ND ISSUES

    10.

    The UNEP Governing Council in

    May

    1989

    agreed that

    proposals for a convention on the protect ion of

    biological

    diversi ty should be

    progressed

    urgently. Austral ia has a

    disproport ionately

    high

    biological

    diversi ty

    and

    has

    consistent ly supported

    th i s

    in i t i a t ive .

    Detai ls are

    contained in Attachment B.

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    6.

    C BINETIN ONFIDEN E

    RECOMMEND TIONS

    11.

    We

    recommend

    that

    C a ~ i n e t

    (a) Agree that Australia

    take

    an active role in:

    (i) strengthening existing

    international

    legal

    instruments,

    notably

    the Montreal

    Protocol

    on

    Substances that Deplete the Ozone Layer; and

    i i ) developing a new draf t framework convention,

    preferably

    for considerat ion a t the proposed

    UN

    Conference

    on

    the

    Environment

    and Development in

    1992, with the

    aim

    of faci l i ta t ing the adoption

    of international and regional measures connected

    with climate change;

    (b)

    Endorse a comprehensive approach to developing

    measures on climate change, inclucing the need for

    action

    to

    reduce

    the emission of a l l greenhouse gases,

    to improve the

    effectiveness

    of

    sinks and

    to

    implement

    adaptation

    strategies;

    (c) Endorse the need to

    explore

    the development

    of

    a ~ ~ r o p r i a t e

    international

    funding and technology

    t ransfer arrangements

    to ass is t in

    development

    and

    implementation

    of

    the comprehensive

    approach referred

    to in sub-paragraph (b);

    (d)

    Note that the new convention referred

    to

    in

    sub-paragraph a) i i ) above may require

    the

    adoption

    of new legal principles,

    in

    which event a further

    submission would

    need

    to be brought forward for

    Cabinet 's

    considerat ion;

    and

    (e)

    Agree

    that Austra l ia

    take

    an

    active role in

    the

    negotiat ions being convened by the United Nations

    Environment

    Progam

    on

    a proposed convention for the

    protection of biological diversi ty.

    G RETH EV NS

    3

    July

    989

    JOHN

    KERIN

    3

    July

    989

    GR H M

    R I f ~ R D S O N

    3

    July

    989

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    1 CABINET IN CONFIDENC

    TT CHMENT

    ELEMENTS FOR INCLUSION IN FR MEWORK O ~ ~ E N T I O N ON

    CLitvi TE CH NGE

    The fundamental legal obl igat ion would be for s ta tes

    par t ies to

    take

    a l l

    appropriate

    measures to l imi t ,

    gradually reduce and control any atmospheric interference

    which in

    an aggregate

    sense endangers

    human

    l i f e or

    the

    ear th s capacity to sustain l i f e processes,

    arising

    from

    human

    ac t iv i t i es under the i r jur i sd ic t ion or control , and

    take

    a l l necessary

    action to acapt to

    the

    impacts of

    cl imate

    change.

    Development wil l need to

    be

    pursued

    in

    a

    manner

    which

    is

    not l ike ly

    to

    affec t s ignif icant ly the

    ea r th s

    climate.

    States

    wil l need

    to act local ly

    in

    accordance

    with

    global environmental principles and

    pr ior i t ies .

    2.

    The

    convention

    should require

    cooperat ion among

    the

    par t i e s on

    research,

    exchanges

    of information, monitoring

    and harmonization of pol ic ies ,

    and

    the t ransmission of

    information

    to

    non-part ies. I t may

    also

    fos ter the

    development

    of a

    mechanism for

    providing prior

    notice

    and

    environmental

    impact assessment

    of

    planned ac t iv i t i es .

    3. The convention should re f lec t a comprehensive approach

    to climate change and i t s

    impacts

    and the broadest

    possib le

    range of res

    p

    onse and

    monitoring mechanisms.

    There should

    be

    a requirement

    on par t ies to the convention

    to

    submit

    nat ional

    reports

    to

    an

    in ternat ional

    bocy which

    would

    have

    the

    role

    of monitoring steps

    taken by par t ies to

    the

    convention

    to

    meet the i r

    obl igat ions.

    There should also be

    recognition

    of

    the need for different approaches

    and time

    frames for different categories of countries according to

    the i r

    re la t ive

    stage

    of

    development.

    4. I t i s essent ia l tha t emphasis be placed upon the

    l imi ta t ion

    of

    ac t iv i t i es

    which have

    or

    are

    l ike ly

    to

    have

    an

    adverse

    impact on the world s cl imate, and upon

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    s

    C BINET IN

    CON

    F

    IDENCE

    TT CHMENT

    A

    adaptat ion

    stra tegies.

    There

    may also

    be

    a

    place for State

    l i ab i l i t

    y

    and com

    p

    ensation principles for ext ra - te r r i tor ia l

    damage

    as

    an

    adjunct to prevention and adaptation.

    Exist ing principles wil l be of

    some

    use,

    but

    will

    be

    l imited

    by

    dif f icu l t ies in establ ishing causation.

    New

    and

    innovative principles on l i ab i l i ty and global burden

    sharing may be required. Technological

    and financial

    assis tance,

    the establishment of

    internat ional

    compensation

    funds

    and

    insurance schemes should a l l be

    examined

    as

    potent ia l parts

    of

    a compensation

    regime. Emphasis

    should

    also

    be placed

    upon

    prior

    not ice

    requirements, procedures

    for

    the

    effect ive

    settlement

    of

    disputes and duties to

    ass i s t with

    response action to

    meet

    urgent

    si tuat ions.

    5.

    Au stral ia s strong preference is to

    maximize

    the use

    of exist ing

    internat ional

    ins t i tu t ions in coordinating,

    monitoring and implementing new

    environmental

    in i t ia t ives .

    To

    tha t extent

    the

    convention

    should go

    no further than

    designating competent State authori t ies and

    exist ing

    internat ional ins t i tu t ions to

    oversee implementation of the

    convention, monitor

    ac t iv i t ies and progress

    on

    control

    measures,

    and

    fac i l i t a te

    consultat ions

    and notif icat ion.

    The issue of

    compulsory

    third

    party set t lement of disputes

    (ICJ

    and arbi t ra t ion should also be addressed.

    C BINET

    IN

    CONFIDENCE

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    9. CABINET IN CONFIDENCE

    ATTACHMENT B

    BIOLOGICAL

    DIVERSITY

    CONVENTION

    Extinction and threatened

    ext inct ion of species

    of

    f lora

    ad

    fauna is a problem of increasing urgency

    globally.

    Experts of the United Nations Environment

    Program UNEP)

    have reported that

    100

    species are

    being

    los t every day

    (and looming climate effects wil l exacerbate the

    s i tuat ion) . A

    quarter

    of the

    ear th s

    5

    to

    30 mill ion

    plants ,

    animals and

    microorganisms

    are

    considered to

    be

    a t

    serious r isk of extinction

    within

    20 to

    30 years.

    Rainforests

    which

    contain

    an

    enormously varied

    biota

    are a

    good

    example of

    ecosystems

    where part icular

    damage

    is

    occurring.

    2. There has been increasing at tent ion

    internationally

    to

    the development

    of

    a convention with a comprehensive

    scope

    to

    adcress

    the conservation of biological diversi ty. The

    International Union of Conservation of Nature

    and

    Natural

    Resources IUCN) has been active

    in

    promoting this

    proposal,

    as

    have

    several Austral ian

    conservation

    groups.

    3. There are already several international agreements of

    a multi lateral , regional or bi la te ra l

    character

    which

    address

    parts of the issue (for example wetlands, migratory

    birds and animals, whales). UNEP

    has

    ident i f ied the need

    for a comprehensive

    umbrella convention

    onbiological

    divers i ty .

    4. The

    draf t proposals

    which have

    been

    put forward by

    IUCN

    are

    in terms of:

    (a) protection of

    habi ta ts

    within the framework of a

    country s own plans for lane-use and species

    protection;

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    CABINET IN CONFIDENCE

    ATTACHMEr-71

    b)

    coordination

    of exist ing conservation t rea t ies ;

    c)

    action by

    part ies

    to minimize the

    threat to biological

    diversi ty

    from the major causes;

    d) performance of

    surveys

    and inventories of biological

    resources; and

    e) compilation of

    a

    world l i s t of

    outstanding

    s i tes .

    5.

    I t is not clear to what

    extent

    the

    IUCN proposals

    will

    se t

    the

    agenda

    for

    the

    proposed

    convention

    which

    UNEP has

    agreed should be developed.

    6. The

    UNEP

    Governing Council in

    May

    1989 agreed

    that

    the

    convention should be progressed urgently.

    7. Austral ian conservation groups inclucing

    the

    Austral ian

    Conservation Foundation)

    have shown a

    strong

    in teres t

    in

    the

    development

    of

    the convention.

    They

    have

    argued tha t Austral ia

    play an

    act ive

    par t including

    Austral ia perhaps

    hosting a negotiat ing

    session.

    8. Involvement of Austral ia in negotiat ion of

    the

    proposec convention would

    complement

    various actions by the

    Government to conserve our national heri tage of plants and

    animals.

    In

    l ight of

    the unique

    and diverse biological

    her i tage

    of

    Austral ia ,

    and

    our

    own

    problems

    to

    this

    point

    with

    extinct ion of

    species and conservation of rare and

    endangered

    species, i t

    is

    ful ly appropriate tha t Austral ia

    should

    take an act ive par t in these t reaty

    negotiations.

    I t

    wil l also be necessary that Austral ia i s in a posi t ion to

    influence

    the course of

    the

    negotiat ions

    to see that

    i t s

    shape and content are consis tent

    with

    our object ives and

    needs.

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    11.

    CABINET IN CONFIDENCE

    TT CHMENT

    C

    CONSGLT TION

    The

    following

    are

    the fu l l

    comments from

    the

    Departments

    consulted:

    De partment of the Prime Minister

    and

    Cabinet

    2.

    The Department of Prime Minister and Cabinet supports

    the

    recommendations.

    I t notes,

    however, that

    as

    Au stral ia s

    approach to negotiat ions on

    a climate

    change

    convention i s

    developed, i t wil l be

    important

    to

    ensure that the

    convention

    encourages effective

    and

    cost eff ic ient policy

    responses.

    I t

    i s

    vi ta l that the

    many

    sources of

    greenhouse

    gases and the range of avai lable

    policy

    responses

    be kept

    in

    mind. I t also notes that as

    a major world

    exporter of

    coal

    and

    agr icul tura l products,

    the

    Austral ian economy

    could

    be par t icular ly

    vulnerable to precipi ta te c t ~ o n

    taken to

    l imi t

    emissions. But as

    a

    country w ~ i c h

    is

    c lass i f ied

    as

    developed, we would undoubtedly face

    very

    great

    di f f icu l ty

    in

    persuading

    other

    countries

    to accept

    a

    case for Austral ia receiving special f inancial or other

    assistance.

    De partment of Community Services

    and

    Realth

    3. While supporting

    the

    Submission,

    the

    Department

    of

    Community Services

    and Health believes

    that

    paragraph

    should

    be

    amended

    to also

    include

    reference to

    the

    impact

    on

    health of

    climatic change

    as

    well

    as the other

    issues

    specified in that paragraph.

    [Paragraph

    of

    the

    Submission

    has been amended, accordingly].

    The Treasury

    4. Treasury agrees to the approach

    recommended in

    the

    Submission.

    Australian

    part ic ipat ion

    in

    development

    of

    a

    framework

    convention

    can

    contribute to ensuring that

    a

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    CABINET IN CONFIDENCE

    TT CHMENT

    convention wil l be effect ive, will adequately address

    the

    causes

    of

    the environmental problem in l ine with the

    goal

    of sustainable development and

    will take account

    of

    Austral ian in teres ts . Treasury notes tha t

    the

    approach

    does

    not involve

    a

    commitment to specif ic measures a t

    th i s

    stage.

    Attorney-General s

    Department

    5.

    Attorney-General s Department

    agrees that Austral ia

    should take an act ive

    role

    in development of a new

    Framework Convention on

    Climate Change.

    This

    wil l

    require

    adoption of new legal

    principles

    and

    approaches.

    I f

    Austral ia

    is to

    take

    an act ive par t om

    the development

    of

    principles a t

    an

    early stage (for example in legal

    work,

    for which Austral ia has pressed, in the IP

    Working

    Group

    on

    response

    st rategy) t should be in a posi t ion to make

    substantive proposals. I t should

    not

    wait .for negotiat ions

    on a new Convention to

    actual ly

    begin as the process of

    internat ional

    discussions leading

    to such

    negotiat ions

    may

    by

    that

    time

    have had

    a

    signif icant

    impact on

    thei r

    ul t imate direct ion.

    6.

    Attorney-General s considers that Cabinet should

    endorse

    the

    need for development of

    new

    legal principles,

    in

    the same way

    as i t is

    asked

    to endorse

    a

    comprehensive

    approach to climate change measures (recommendation (b)) .

    The proposed legal

    principles

    should ref lec t and recognize

    the

    need

    to

    focus

    not

    on

    sovereignty

    over resources

    but

    on

    the

    well

    being

    of human beings throughout

    the

    world. I f

    development of such

    principles requires

    Cabinet approval

    (see recommendation (d)) , officers should be tasked now

    to

    produce a Submission seeking

    Cabinet approval of

    the

    relevant principles .

    7. The Attorney-General s

    Department

    does not support the

    suggestion

    in

    recommendation

    a) i i )

    tha t

    consideration

    of

    a new Framework Convention should necessar i ly

    occur

    a t

    the

    1992 conference. I t would be

    preferable for

    negotiat ions

    on

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    CABINET IN CONFIDENCE

    TT CHMENT

    C

    th is

    Convention to

    occur

    in

    a

    special

    negotiating forum

    outside

    the largely

    pol i t i c l forum of

    the

    1992 Conference

    and to

    commence

    before

    th t

    date.

    Department of Finance

    8. The Department of

    Finance has no p r t i cu l r

    comments

    for

    inclusion in th is Submission.

    Department

    of

    Administrat ive

    Services

    9. The Department of Administrat ive Services notes th t

    t

    the recent

    second session of

    the ~ ~ 0 U N E P

    Intergovernmental Panel on Climate Change (IPCC), there

    appears to

    be

    general agreement th t t

    would be

    premature

    to

    in i t i t e formal negotiat ions on

    a framework

    convention

    on climate t

    l e s t

    unt i l

    the

    Panel s f i r s t assessment

    repor t in September 9 9

    D S stresses th t

    the sc ien t i f i c

    evidence for climate change i s s t i l l equivocal and urges

    th t

    Austral ia

    aim

    to

    ensure

    th t

    the

    in ternat ional

    legal

    developments

    not

    be allowed to

    move

    too f r

    ahead

    of

    the

    sc ien t i f i c

    understanding. We

    support the general approach

    se t

    out

    in the submission and, through the Bureau of

    Meteorology and i t s

    l inks

    with the World Heteorologic..al

    Organizat ion, wil l aim

    to

    provide

    uthor i t t ive

    up-to-date

    sc ien t i f i c advice as

    the development of the legal

    principles

    proceeds.

    De

    partment of Incus t ry Technology

    and

    Commerce

    10. The Department of Industry, Technology

    and

    Commerce

    has no

    objections

    to the proposals in Attachment but

    would

    note

    th t any

    future

    funding implications would

    need

    to be considered in the context

    of

    the Government s overal l

    pr io r i t i e s

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