The Commonwealth lacks the ability to legislate in areas of environmental issues because this power lies with each individual state. But the high court has found it appropriate to give certain powers to the Commonwealth in regards to environmental issues that may effect more than one state. In such matters, cooperative federalism takes effect to create uniformity across Australia in order to control possible pollution that can travel from one state to another by such means as water or air including gases, acid rain or even wild life. This cooperative federalism is also needed in issues that cover heritage, forest estate, or international agreements such as the control of interstate trade in protected wild life to comply with the convention on international trade in endangered species of animals and vegetation. Furthermore, it is a system designed to achieve unified control over major issues such as the ozone layer which effects every person world wide, not just those within certain states. This cooperative approach to environmental protection defines each states obligation so that it is equal to others, thus creating a minimum standard of protection, creating over all a better environmental protection program.

The cooperation factor also sets direction for all states, and allows for the sharing of information that can prove beneficial to all parties. Furthermore, it leads to the formulation of secure long term environmental policies that give direction, and purpose.