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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
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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
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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
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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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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
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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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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
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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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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.
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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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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
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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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2
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
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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
[15]