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The Precautionary Principle and the Management of Fisheries in Australia

James Scandol

Eicc, UNIVERSITY OF SYDNEY, AUSTRALIA

THEME: ASFB

The precautionary principle has the potential to cause greater impact on fisheries science and management than any other principle within ecologically sustainable development. This presentation considers the definition and context of the principle within the Fisheries Management Act 1984 (NSW) and the Fisheries Management Act 1991 (Cth). Recent national and international cases where the judiciary has interpreted the principle will also be discussed including: Leatch v National Parks and Wildlife Service, Greenpeace New Zealand Inc v Minister of Fisheries, and Tuna Boat Owners Association of SA Inc v Development Assessment Corporation. The varied judicial response to the principle suggests that interpretation is not straightforward and requires careful consideration from fishery scientists and managers. Scientists need to reflect on the meaning of 'scientific uncertainty' and, more specifically, give more consideration to type II errors. Managers need to be aware of the context of the principle in the statutes they are administering, and acknowledge that the principle is also a bid for more deliberative and transparent decision-making. It would be unfortunate if decisions made under the guise of the precautionary principle simply increased scientific uncertainty.