Environmental Degradation and the Legal Imperatives of Improvement: Forest Policy in Western Australia from European Settlement to 1918

The Australian forests have experienced deforestation since European settlement in 1788. According to Bradshaw, Australia has lost nearly 40% of its forests and the remaining forest is highly fragmented and degraded. In Western Australia (WA), Australia’s only biodiversity hotspot, forests cover approximately 16% or 21.0 million hectares. In the southwest and central parts of the state these forests are significantly cutover and degraded. In some instances, particularly in the wheatbelt, the local cutover has been complete. For example, in the Avon Botanical District (the central part of the wheatbelt) over 93% of the original vegetation and 97% of the woodlands were removed. William Wallace, an officer of the Forest Department, estimated that between 1829 and 1920, 1 million acres of forest was cut. The Forests Department Annual 1921 Report lamented: [S]eventy five years of practically uncontrolled cutting, and entirely uncontrolled burning have reduced this national asset to such a condition that only a negligible quantity of sound young trees is growing to the acre on the portion that has been cutover. Today the only significant forests that remain in Western Australia are the Jarrah, Karri and Wandoo forests. However, these forests have been significantly degraded and contain approximately 30% of their original forest cover

Constitutional Conflict and the Development of Canadian Aboriginal Law

This paper argues that aboriginal rights in Canada have been greatly affected by 19 th century governmental and social conflicts within the Canadian colonial state. These conflicts, largely over the ownership of land and regulatory authority between the federal government and the provinces necessarily impacted the First Nations on the ground while affecting how their legal claims were recognized and implemented. In particular they impacted the legal efficacy of treaty rights, the scope of rights recognised by the courts and an expansive legally protected notion of indigenous sovereignty. As a result, the rights now protected under sec. 25 and 35 of the Constitution Act 1982 are more restricted than the text might imply

The Law of Native American Hunting, Fishing and Gathering Outside of Reservation Boundaries in the United States and Canada

This article examines and compares the law of Native American/Aboriginal hunting, fishing and gathering rights in those areas which are located outside of reserved land area in Canada and the United States. The article argues that despite the differing statutory and constitutional traditions, both states\u27 law and policy towards the Native American continues to reflect the underlying premises of the colonial project. While indigenous peoples have significant use rights, national, state and provincial power remains the primary locus of regulatory authority

Humanitarian Concerns and Deportation Orders Under the Immigration Act 2009: Are International Obligations Enough Protection for the Immigrant with Mental Illness?

New Zealand has long prided itself as a champion for human rights within the international community. At the same time, local immigration laws have been tightened and long-standing recognition of the rights of migrants has been eroded. One sub-class of migrants, and the focus of this article, are migrants suffering from a mental illness. This article addresses the narrow question of rights accorded these individuals under the Immigration Act 2009 in light of New Zealand's long-standing international human rights obligations. The article questions the protection afforded an individual facing deportation under this Act in light of statutory changes that no longer require an immigration officer to issue a justification for issuing an order of deportation and argues, in light of this legislative change, that a "hard look" standard of review is required if the judiciary is to continue to have any meaningful role in ensuring executive compliance with international obligations

Canada and New Zealand Need to Consider Joining Pillar 2 of AUKUS

As the United States and Australia deepen ties with various Asian and Southeast Asian states, the issue of whether New Zealand or Canada should join the nascent AUKUS security arrangement becomes more pressing. Both states already share deep security relationships with Australia and the United States. These include the Five Eyes intelligence arrangement (which, like AUKUS, also includes the United Kingdom) and the North American Aerospace Defense Command (NORAD). Canada is also a member of North Atlantic Treaty Organization (NATO) and New Zealand is a member of the Five-Power Defense Arrangement with the U.K. New Zealand has also been an active partner with NATO across a range of areas such as terrorism. It contributed special forces to the NATO Afghanistan operation. Australia, a member of AUKUS, is the only formal defense ally of New Zealand and the two states work together on a range of security and defense activities

Understanding the accuracy of modelled changes in freshwater provision over time

Accurate modelling of changes in freshwater supplies is critical in an era of increasing human demand, and changes in land use and climate. However, there are concerns that current landscape-scale models do not sufficiently capture catchment-level changes, whilst large-scale comparisons of empirical and simulated water yield changes are lacking. Here we modelled annual water yield in two time periods (1: 1985–1994 and 2: 2008–2017) across 81 catchments in England and validated against empirical data. Our objectives were to i) investigate whether modelling absolute or relative change in water yield is more accurate and ii) determine which predictors have the greatest impact on model accuracy. We used the Integrated Valuation of Ecosystem Services and Tradeoffs (InVEST) Annual Water Yield model. In this study, absolute values refer to volumetric units of million cubic metres per year (Mm3/y), either at the catchment or hectare level. Modelled annual yields showed high accuracy as indicated by the low Mean Absolute Deviation (MAD, based on normalised data, 0 is high and 1 is low accuracy) at the catchment (1: 0.013 ± 0.019, 2: 0.012 ± 0.020) and hectare scales (1: 0.03 ± 0.030, 2: 0.030 ± 0.025). But accuracy of modelled absolute change in water yield showed a more moderate fit on both the catchment (MAD = 0.055 ± 0.065) and hectare (MAD = 0.105 ± 0.089) scales. Relative change had lower accuracy (MAD = 0.189 ± 0.135). Anthropogenic modifications to the hydrological system, including water abstraction contributed significantly to the inaccuracy of change values at the catchment and hectare scales. Quantification of changes in freshwater provision can be more accurately articulated using absolute values rather than using relative values. Absolute values can provide clearer guidance for mitigation measures related to human consumption. Accuracy of modelled change is related to different aspects of human consumption, suggesting anthropogenic impacts are critically important to consider when modelling water yield

Application of Diffusion Tensor Imaging Parameters to Detect Change in Longitudinal Studies in Cerebral Small Vessel Disease.

Cerebral small vessel disease (SVD) is the major cause of vascular cognitive impairment, resulting in significant disability and reduced quality of life. Cognitive tests have been shown to be insensitive to change in longitudinal studies and, therefore, sensitive surrogate markers are needed to monitor disease progression and assess treatment effects in clinical trials. Diffusion tensor imaging (DTI) is thought to offer great potential in this regard. Sensitivity of the various parameters that can be derived from DTI is however unknown. We aimed to evaluate the differential sensitivity of DTI markers to detect SVD progression, and to estimate sample sizes required to assess therapeutic interventions aimed at halting decline based on DTI data. We investigated 99 patients with symptomatic SVD, defined as clinical lacunar syndrome with MRI confirmation of a corresponding infarct as well as confluent white matter hyperintensities over a 3 year follow-up period. We evaluated change in DTI histogram parameters using linear mixed effect models and calculated sample size estimates. Over a three-year follow-up period we observed a decline in fractional anisotropy and increase in diffusivity in white matter tissue and most parameters changed significantly. Mean diffusivity peak height was the most sensitive marker for SVD progression as it had the smallest sample size estimate. This suggests disease progression can be monitored sensitively using DTI histogram analysis and confirms DTI's potential as surrogate marker for SVD