Federal/National Environmental Law Enforcement
A number of countries have national law enforcement agencies to protect the integrity of their national borders. In particular, the increased threat from terrorism and the increased occurrence of environmental crimes within national territories have created the need for much greater cooperation between national and state police organisations. For example, countries like the USA, Australia, Germany and Indonesia all have federal police services that are responsible for investigating crime in their respective countries. Many of these federal police organisations also cooperate with internal state police services to help deal with crime at a national and state level. The Environmental Protection Agencies/Authorities (EPA) is another law enforcement bodies that are mandated to enforce environmental laws and regulations. In other countries the military perform policing functions of protecting the environment and enforcing environmental laws.
For example, in Denmark the Admiral Danish Fleet in cooperation with the Danish Air Force have the power to stop, board and inspect vessels in the Danish Economic Exclusion Zone (EEZ) suspected of violating the Danish Act on Sea Environment (ASE). Furthermore, the Defence Command has the authority to issue fines for alleged violations of the ASE. In Australia, there is extensive legislation, which can empower members of the ADF to exercise police powers usually by means of appointment as `designated officers’ under an act to search vessels and access premises, make arrests, and interview suspects in Australia’s EEZ suspected of illegal activities. The more important statutes include, Customs Act 1901, Quarantine Act 1908, Crimes Act 1914, Fisheries Act 1952, Migration Act 1958, Petroleum (Submerged Lands) Act1967, Seas and Submerged Lands Act 1973, Immigration (Unauthorised Arrivals) Act 1980, Whale Protection Act 1980, Minerals (Submerged Lands) Act 1981, Continental Shelf (Living Natural Resources) Act 1968, Environment Protection (Sea Dumping) Act 1981, Protection of the Sea (Prevention of Pollution from Ships) Act 1983, Fisheries Management Act 1991, Wildlife Protection (Regulation of Export and Import) Act 1992, and the Crimes (Ships and Fixed Platforms) Act 1992 and the Environment Protection Biodiversity and Conservation Act 1999.
USA Federal Bureau of Investigation
The Federal Bureau of Investigation (FBI) is the investigative arm of the US Department of Justice. To combat environmental crime in 1996 the FBI created the Hazardous Materials Response Unit to respond to the threat of terrorism involving chemical, biological, and nuclear weapons and to increases in environmental crimes within the USA. The Unit responds to criminal acts and incidents involving hazardous materials and develops the FBI's technical proficiency and readiness for crime scene and evidence-related operations in cases involving chemical, biological, and radiological materials and wastes. This is accomplished through an integrated effort involving specialized response teams, a national training program, interagency liaison, technical assistance to FBI field and Headquarters divisions, and the development of field response programs. The Unit also trains, equips, and certifies FBI field office personnel for hazardous materials operations.
USA Environmental Protection Agency (Federal)
In the USA the Environmental Protection Agency is required to ensure that all states implement the minimum standards of the various federal environment protection laws. The EPA has particular enforcement roles to play in ensuring that industries, individuals and governments adhere to minimum environmental standards and prosecute any violations of these laws. The EPA’s Criminal Investigation Division (CID) Special Agents are sworn federal law enforcement officers with statutory authority to conduct investigations, carry firearms, make arrests for any federal crime and to execute and serve warrants.
It is of note that there are considerable differences between the USA EPA and the structure of the New South Wales (NSW) Environmental Protection Authority. In Australia the NSW Environmental Protection Authority does not engage in cohesive methods of environmental law enforcement when compared to the USA Environmental Protection Authority. Generally the NSW Environmental Protection Authority acts as the main prosecutorial service of environmental offences in New South Wales.
