Laws and governance for reef and coastal restoration and blue carbon activities

Description of project
We engaged with a team of interdisciplinary researchers across Australia in the fields of law, science and social science to undertake a research project for the National Environmental Science Program.  Led by James Cook University, the project identified, analysed and critiqued the law and governance relating to reef restoration and blue carbon activities across various Australian states, and identified areas for law reform. Our researchers brought their expertise to focus on law, policy and governance in South Australia and Tasmania, while contributing to the broader critical analysis of Australia as a whole.

 Project researchers (Adelaide University)
Dr Alex Wawryk, Adelaide Law School
Dr Phillipa McCormack, Adelaide Law School & Environment Institute
Ms Margaret Castles, Adelaide Law School
Prof Sean Connell, School of Biological Sciences
Dr Dominic McAfee, School of Biological Sciences
Assoc Prof Georgina Drew, School of Social Sciences

This project was funded by the Australian Government under the National Environmental Science Program and was conducted with researchers from other Universities.

Project outputs
We delivered a report to the Australian government that explains, analyses and critiques the law, and identifies opportunities for law reform. We also published an academic article on the law and governance for oyster reef restoration.

Waltham NJ, Saunders MI, Morris R, Bell-James J, Bishop MJ, Bugnot AB, Connell S, Drew G, Fischer M, Glamore W, Jones A, McAfee D, McCormack PC, Mayer-Pinto M, Prahalad V, Shumway N, Swearer S, Wawryk A (2024). Identifying and overcoming barriers to marine and coastal habitat restoration and nature based solutions in Australia – Project summary. Report to the National Environmental Science Program. James Cook University.

Bell-James, J., McCormack, P., Shumway, N., Wawryk, A. (2024) Identifying and overcoming barriers to marine and coastal habitat restoration and nature based solutions in Australia – Legislative permitting processes for restoration. Report to the National Environmental Science Program. University of Tasmania.

Alexandra S Wawryk, Dominic McAfee, Katie Cooper, Phillipa C McCormack, Margaret Castles, Georgina Drew and Sean D Connell, ‘Law and Governance for Oyster Reef Restoration: The South Australian Experience’ (2024) 40(6) Environment and Planning Law Journal (forthcoming).

Aligned projects
Some on the project team were recently awarded an Australian Research Council Discovery Project, titled: Using Conservation Covenants for Ecosystem Restoration & Climate Adaptation (DP240100719).

The Discovery Project is investigating the use of conservation covenants on private land with the goal of advancing national and global goals to restore ecologically degraded land and adapt to climate change. It combines a team at the forefront of Australian research on the intersection between ecosystem restoration, climate adaptation and environmental law. The Discovery Project is nationally significant and aims to transform knowledge about whether and how conservation covenant regimes can facilitate climate-adapted restoration in the 21st century.

Discovery Project research team
Prof Ben Richardson, UTAS Law
Prof Afshin Aktar-Khavari, QUT Law
Dr James Fitzsimons, The Nature Conservancy
Dr Phillipa McCormack, Adelaide Law School & Environment Institute
Ms Sarah Brugler, UTAS Law

Adelaide Law School HDR Candidate: Nate Camatta (also supervised by Dr Alex Wawryk)

Description of project
Blue carbon projects offer carbon and biodiversity benefits, through the restoration of carbon-rich coastal ecosystems for species habitat, carbon sequestration and nature-based infrastructure to adapt as sea levels rise. However, little research has engaged directly with South Australian legal and policy frameworks and stakeholders, about barriers and opportunities to blue carbon projects in this state. Our project sought to fill those gaps by providing the first targeted and detailed analysis of blue carbon and the law in South Australia.

Project researchers (Adelaide University)
Dr Alex Wawryk, Adelaide Law School
Dr Phillipa McCormack, Adelaide Law School & Environment Institute
Dr Kerryn Brent, Adjunct Senior Lecturer, Adelaide Law School
Mr Finn McIntyre (research assistant and casual teacher), Adelaide Law School
Dr Alice Jones, School of Biological Sciences

This project is supported with funding from the Green Adelaide Blue Carbon Futures Grants, and the University of Adelaide’s Faculty of Arts, Business, Law and Economics, and School of Biological Sciences.

Project outputs
We prepared a report which examines the extent to which South Australian laws support active efforts for the restoration of tidal flows, and argues for a better balance between risk management and the realisation of the climate and environmental benefits that blue carbon projects could provide for South Australia. We also prepared a Stakeholder Guide to provide legal information for practitioners engaged in blue carbon projects, as well as other stakeholders and community members. 

Wawryk, A., Brent, K., McIntyre, F., McCormack, P., Jones, A. (2024) Navigating the legal regime for blue carbon projects in South Australia. Report to Green Adelaide.

A. Wawryk, K.A. Brent, F. McIntyre, A.R. Jones, P.C. McCormack, Navigating South Australia’s Laws and Policies for Blue Carbon: A Stakeholder Guide (Green Adelaide, 2024).

Michael Doherty, Alexandra Wawryk, Kerryn Brent, Phillipa McCormack, Finn McIntyre and 

Alice R Jones, ‘Planning Law and Blue Carbon Projects in South Australia’ (March 2025) Law Society of South Australia Bulletin (forthcoming).