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2 AJEL 1 (2015)

handle is hein.journals/ajel2 and id is 1 raw text is: AJEL (2015) Vol II 1 RECLAIMING NATURE: ECO-RESTORATION OF LIMINAL SPACES BENJAMIN J. RICHARDSON* Past environmental damage is a major hindrance to sustainability, yet its restoration is a low priority ofAustralian environmental law compared to current and future impacts. The governance of eco-restoration is fragmented and incomplete, with little regulatory influence in regard to landscape or ecosystem- scale restoration. In many cases eco-restoration is not viable because of irreparable environmental damage, and in a few cases - wild areas - it is generally less necessary. But in the extensive liminal spaces that have suffered some damage, restoration and better governance of it is needed. Remediation of old mines or brownfield sites - the current focus of Australian eco-restoration law - is not a useful precedent for ecosystem restoration of liminal landscapes. A number of fascinating biodiversity-focused restoration projects are underway across Australia, but are without a coherent governance framework that would enable such projects to likely have a more decisive and widespread impact. Some reforms could be undertaken to improve the legal framework for eco-restoration in Australia, especially in regard to terminology, goals and tools. I ENVIRONMENTAL LAW'S MISSING AGENDA Past environmental desecration in Australia has left a wretched legacy that limits the scope for sustaining what is left. Mitigating new environmental impacts, rather than remedying previous ones, is the focus of our environmental laws and policies. This article scrutinises this missing agenda in Australian environmental law with an argument that environmental restoration (hereafter 'eco-restoration') of 'liminal spaces' (i.e., areas either not irreparably changed by humankind nor so substantially intact that restoration is not a priority or is unnecessary) should be elevated to a more fundamental status. The discussion is structured around three main themes: (i) to explain the rationale for eco-restoration and its contribution to sustainability; (ii) to review the ad hoc and sparse provisions in Australian legislation relevant to eco-restoration, and to illustrate their modest governance potential by reference to some examples of biodiversity and landscape restoration in liminal spaces; and (iii) to identify some policy and governance challenges and make recommendations for building better legal foundations for eco-restoration law in Australia. This brief foray into this hugely important subject will hopefully help guide future empirical research to evaluate eco- restoration governance in more detail and focus law reform. In our planet with virtually no place unscathed by humankind, and indeed much of its ravaged in the name of 'progress', eco-restoration is crucial. It is especially so in Australia,

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