(De)regulating the rural environment

Environmental and Planning Law Journal

Volumn 19, Issue 1, 2002, Pages 34-57

  Lyster, Rosemary ^a  

^a UNIVERSITY OF SYDNEY   (Australia)

Author keywords

[No Author keywords available]

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EID: 28944441587     PISSN: 0813300X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (120)

1. "Sustainable development" was defined in Our Common Future (1987 Report to the UN General Assembly by the World Commission on Environment and Development) as "development which meets the needs of the present without compromising the ability of future generations to meet their own needs. "
2. Forests have been described as "sinks" for pollution because of their ability to absorb pollutants, like carbon, and then release oxygen.
3. C M Reed, "Mediation and the New Environment Agenda" in J W Blackburn and W M Bruce (eds) Mediating Environmental conflicts: Theory and Practice (Quorum Books 1995) at 10.
4. A Moran, "A Submission to the Senate Select Committee on the Socio-Economic Consequences of the National Competition Policy" at http://www.ipa.org.au at 1.
5. A Moran, "A Submission to the Senate Select Committee on the Socio-Economic Consequences of the National Competition Policy" at http://www.ipa.org.au at 1.
6. National Competition Council, Considering the Public Interest under the National Competition Policy, Commonwealth of Australia 1996.
7. See Pt IIIA of Trade Practices Act which gives a firm right to require another firm to give it access to certain infrastructure it owns.
8. "National Competition Policy-Some Facts" at http://www.ncc.gov.au at 1.
9. "National Competition Policy-Some Facts" at http://www.ncc.gov.au at 1.
10. Council of Australian Government's Meeting, 3 November 2000, Canberra, Communique, Attachment B.
11. Council of Australian Government's Meeting, 3 November 2000, Canberra, Communique, Attachment B.
12. See, for example, the 1997 amendments to the Environmental Planning and Assessment Act 1979 (NSW) which introduced the concepts of "integrated development" and "accredited certifiers" as well as the overhaul of Commonwealth environmental impact assessment procedures under the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
13. See Rights in Water and Irrigation Amendment Bill 1999 (WA).
14. A Moran, "A Submission to the Senate Select Committee on the Socio-Economic Consequences of the National Competition Policy" at http://www.ipa.org.au at 1.
15. See http://www.ipcc.ch/pub/spm22-01.pdf.
16. See the 1999 National Greenhouse Inventory at http://www.greenhouse.gov.au/inventory.
17. This information is drawn from the 2000 NSW State of Environment Report available at website: http://www.epa.nsw.gov.au/soe2000.
18. Natural Vegetation Conservation Act 1997, s 5.
19. Natural Vegetation Conservation Act 1997, ss 21, 22.
20. The Report emphasises, however, that applications for clearing do not give a comprehensive account of the extent of clearing for the following reasons: clearing which does not require approval under the Native Vegetation Conservation Act and is therefore not included in official figures. The extent of this exempt clearing is uncertain; clearing approvals figures do not reflect the level of illegal clearing; although approval has been granted, clearing may not occur for some years after, or may not occur at all, thereby falsely elevating yearly clearing figures; clearing approvals may include native pastures, isolated paddock trees and areas that have already been mostly cleared; some approvals involve thinning rather than full-scale tree clearing. Note that in March 2001, the Department of Land and Water Conservation has released native vegetation clearing statistics from its new State-wide database. The database has given information about native vegetation clearing applications in the following areas of the state: Sydney-South Coast Region; North Coast Region; Murrumbidgee Region; Murray Region; Western Division; Barwon Region; Hunter Region.
21. I Moss, Federal Race Discrimination Commissioner, Water: A Report on the Provision of Water and Sanitation in Remote Aboriginal and Torres Strait Islander Communities (Australian Government Publishing Service, Canberra, 1994) at 36, cited by Geoffrey Ball in "Aboriginal Rights to Water: Do They Exist, " paper submitted in Water Law at The University of Sydney, 2000.
22. Australian Bureau of Statistics, "Housing and Infrastructure in Aboriginal and Torres Strait Islander Communities, Australia, 1999, " ABS Catalogue No 4710.0, Canberra, 27 April 2000, cited by Ball.
23. See website: http://www.epa.nsw.gov.au/soe2000/cb/cb_tab_6.15.htm#cb_tab_6.15.
24. See website: http://www.epa.nsw.gov.au/soe2000/cb/cb_6.4.htm#cb_6.4_ind_6.5.
25. See, for example, National Parks and Wildlife Act 1974 (NSW).
26. Threatened Species Conservation Act 1995 (NSW) s 8.
27. See, for example, National Parks and Wildlife Act 1974 (NSW).
28. Environmental Planning and Assessment Act 1979 (NSW) ss 77(3), 90(1)(c2), (c3).
29. Environmental Planning and Assessment Act 1979 (NSW) ss 77(3), 90(1)(c2), (c3).
30. Environmental Planning and Assessment Act 1979 (NSW) ss 77(3), 90(1)(c2), (c3).
31. Media Release, Senator Truss and Senator Hill, 31 August 2001.
32. Water Management Act 2000 (NSW) Pt 3.
33. Water Management Act, Pt 2.
34. Water Management Act 2000 (NSW) Pt 3.
35. Rural Fires Act 1997 s 47.
36. Water Management Act 2000 (NSW), Sch 6, Pt 2, Cl 12(1).
37. C Moore, The Mediation Process: Practical Strategies for Resolving Conflict (1986).
38. C Moore, The Mediation Process: Practical Strategies for Resolving Conflict (1986).
39. R Ormerod, "Science, Uncertainty and the Law, " paper delivered at National Environmental Lawyers Association Inc, 1996 Conference, Hyatt Regency Coolum, Brisbane.
40. Water Management Act 2000 (NSW) Pt 3.
41. Water Management Act 2000 (NSW) Pt 3.
42. Water Management Act 2000 (NSW) Pt 3.
43. Water Management Act 2000 (NSW) Pt 3.
44. S Young, "Cross-cultural Negotiation in Australia: Power, Perspectives and Comparative Lessons" Alternative Dispute Resolu tion Journal 41 at 51.
45. Douglas J Buege, "Epistemic Responsibility and the Inuit of Canada's Eastern Arctic: An Ecofeminist Appraisal" in Karen M Warren, Ecofeminism: Women, Culture, Nature (Indiana University Press, 1997) at 99.
46. Douglas J Buege, "Epistemic Responsibility and the Inuit of Canada's Eastern Arctic: An Ecofeminist Appraisal" in Karen M Warren, Ecofeminism: Women, Culture, Nature (Indiana University Press, 1997) at 99.
47. Douglas J Buege, "Epistemic Responsibility and the Inuit of Canada's Eastern Arctic: An Ecofeminist Appraisal" in Karen M Warren, Ecofeminism: Women, Culture, Nature (Indiana University Press, 1997) at 99.
48. Douglas J Buege, "Epistemic Responsibility and the Inuit of Canada's Eastern Arctic: An Ecofeminist Appraisal" in Karen M Warren, Ecofeminism: Women, Culture, Nature (Indiana University Press, 1997) at 99.
49. Douglas J Buege, "Epistemic Responsibility and the Inuit of Canada's Eastern Arctic: An Ecofeminist Appraisal" in Karen M Warren, Ecofeminism: Women, Culture, Nature (Indiana University Press, 1997) at 99.
50. Douglas J Buege, "Epistemic Responsibility and the Inuit of Canada's Eastern Arctic: An Ecofeminist Appraisal" in Karen M Warren, Ecofeminism: Women, Culture, Nature (Indiana University Press, 1997) at 99.
51. See "Securing Our Water Future, " Additional Material in support of the New South Wales Land Council Submission on the Water Management Bill 2000, June 2000, p 11.
52. see also the 'Submission by the Aboriginal Land Council' on the Bill, September 2000.
53. These include rock wells, springs, and soaks which are vulnerable and easily lost through changes in the water environment.
54. These are used for medicinal and ceremonial purposes and for ensuring the spiritual and religious wellbeing of Aboriginal people. Many of the ochres used by Aboriginal people for ceremonial purposes are found in the aquatic environment.
55. Many supplies of water have heritage significance for Aboriginal people or are significant under their laws, customs and beliefs.
56. R Howitt, J Connell, and P Hirsch, "Resources, Nations and Indigenous Peoples" in R Howitt, with J Connell and P Hirsch, (eds) Resources, Nations and Indigenous Peoples (1996) at 1.
57. R Howitt, J Connell, and P Hirsch, "Resources, Nations and Indigenous Peoples" in R Howitt, with J Connell and P Hirsch, (eds) Resources, Nations and Indigenous Peoples (1996) at 1.
58. H Astor and C Chinkin, Dispute Resolution in Australia (1992).
59. P Monture-Okanee, "Alternative Dispute Resolution: A Bridge to Aboriginal Experience" in C Morris and A Pinie (eds) Qualification for Dispute Resolution: Perspectives on the Debate, University of Victoria Institute for Dispute Resolution.
60. see, also, C Blackford and H Matunga, "Assuring Justice in Cross-Cultural Environmental Mediation" in J Blackburn and W M Bruce (eds) Mediating Environment Conflicts: Theory and Practice (1995) at 185-201.
61. See National Alternative Dispute Resolution Advisory Council "Issues of Fairness and Justice in Alternative Dispute Resolution, " Discussion Paper, Canberra, November 1997.
62. S Young, "Cross-cultural Negotiation in Australia: Power, Perspectives and Comparative Lessons" Alternative Dispute Resolu tion Journal 41 at 51.
63. See, C Pateman, The Disorder of Women: Democracy, Feminism and Political Theory (1989).
64. S D Brienza, "Wet Water vs Paper Rights: Indian and Non-Indian Negotiated Settlements and Their Effects" (1992) (11:151) Stanford Environmental Law Journal 151 at 176.
65. See "Securing Our Water Future, " Additional Material in support of the New South Wales Land Council Submission on the Water Management Bill 2000, June 2000, p 11.
66. S D Brienza, "Wet Water vs Paper Rights: Indian and Non-Indian Negotiated Settlements and Their Effects" (1992) (11:151) Stanford Environmental Law Journal 151 at 176.
67. Premier of New South Wales, News Release, 17 July 2000.
68. Minister for Land and Water Conservation, Media Release, 27 June 2001.
69. Astor, H, and Chinkin, C, Dispute Resolution in Australia (1992) at 261.
70. R Eckersley, "Rat ionalising the Environment: How Much am I Bid?" in Beyond the market: alternatives to economic rationalism (Pluto Press Australia Limited, 1994) 237 at 239.
71. R Eckersley, "Rat ionalising the Environment: How Much am I Bid?" in Beyond the market: alternatives to economic rationalism (Pluto Press Australia Limited, 1994) 237 at 239.
72. G Heal, G C Daily, P R Ehrlich, J Salzman, C Boggs, J Hellmann, J Hughes, C Kremen, T Ricketts, "Protecting Natural Capital Through Ecosystem Service Districts" (2001) 30 Stanford Environmental Law Journal 333 at 336.
73. G Heal, G C Daily, P R Ehrlich, J Salzman, C Boggs, J Hellmann, J Hughes, C Kremen, T Ricketts, "Protecting Natural Capital Through Ecosystem Service Districts" (2001) 30 Stanford Environmental Law Journal 333 at 336.
74. G Heal, G C Daily, P R Ehrlich, J Salzman, C Boggs, J Hellmann, J Hughes, C Kremen, T Ricketts, "Protecting Natural Capital Through Ecosystem Service Districts" (2001) 30 Stanford Environmental Law Journal 333 at 336.
75. G Heal, G C Daily, P R Ehrlich, J Salzman, C Boggs, J Hellmann, J Hughes, C Kremen, T Ricketts, "Protecting Natural Capital Through Ecosystem Service Districts" (2001) 30 Stanford Environmental Law Journal 333 at 336.
76. G Heal, G C Daily, P R Ehrlich, J Salzman, C Boggs, J Hellmann, J Hughes, C Kremen, T Ricketts, "Protecting Natural Capital Through Ecosystem Service Districts" (2001) 30 Stanford Environmental Law Journal 333 at 336.
77. G Heal, G C Daily, P R Ehrlich, J Salzman, C Boggs, J Hellmann, J Hughes, C Kremen, T Ricketts, "Protecting Natural Capital Through Ecosystem Service Districts" (2001) 30 Stanford Environmental Law Journal 333 at 336.
78. R Eckersley, "Rat ionalising the Environment: How Much am I Bid?" in Beyond the market: alternatives to economic rationalism (Pluto Press Australia Limited, 1994) 237 at 239.
79. R Eckersley, "Rat ionalising the Environment: How Much am I Bid?" in Beyond the market: alternatives to economic rationalism (Pluto Press Australia Limited, 1994) 237 at 239.
80. CSIRO Land and Water, Policy and Economic Research Unit, Inter-Sta te Water Trading: A Two Year Review, December 2000.
81. Note that other Annex I parties (which include Australia) have committed themselves to reducing their emission in the commitment period by 5 per cent below their 1990 levels.
82. See, for example, agreement signed in February 2000 with Tokyo Electric Power Company Inc for the establishment of 10,000 to 40,000 hectares of greenhouse forests in NSW over the next ten years.
83. These include: Encouraging Early Greenhouse Abatement Action Public Consultation Paper; The Allen Consulting Group Report Greenhouse Gas Emissions Trading: Allocation of Permits; Emissions Trading Discussion Paper Series available at http://www.greenhouse.gov.au/emissionstrading/.
84. 2 savings are created by Macquarie's wood waste co-firing program. It is believed that the price per tonne of carbon was in the range of US$2-US$3. The wood waste would normally have gone into landfills.
85. Members of the Group are representatives of NSW Treasury (Chair); NSW Department of Land and Water Conservation; Westpac Agribusiness; Arthur Andersen, Assurance Division; Centre for International Economics; Structured Solutions, Commonwealth Bank of Australia; Asset and Infrastructure Group, Macquarie Bank; Jaakko Poyry Consulting (Asia pacific) Pty Ltd; NSW Cabinet Office; State Forests of New South Wales; Commonwealth Department of Agriculture, Fisheries and Forestry Australia; NSW Agriculture.
86. NSW Salinity Strategy, p 5.
87. NSW Salinity Strategy, p 5.
88. NSW Salinity Strategy, p 5.
89. In addition, the Hunter River Salinity Trading Scheme, albeit a pollution control scheme, is currently operational under the auspices of the New South Wales Environment Protection Authority (EPA). It is authorised under the Protection of the Environment Operations Amendment (Tradeable Emission Schemes) Act 2000 (NSW) and is a licensing scheme for discharges of saline water in the Hunter River catchment above Singleton, from mines and power stations. It provides financial incentives to manage saline water discharges so as to minimise impacts on irrigation, other water uses, and on the aquatic ecosystems of the Hunter River catchment. The scheme is underpinned by a monitoring system which registers the real-time discharges and river conditions. A "River Register" is operated by the Department of Land and Water Conservation and funded by scheme participants, based on the monitoring data. The EPA maintains the credit exchange and register facility for the scheme members as well as general access to the credit register and other information on the trading scheme. There are 1000 credits which may be traded using this online facility so that holders who do not need to discharge can sell their entitlement to others with the greatest need in each high flow. For further information on the scheme see http://hrs1.epa.nsw.gov.au/default.html.
90. It is estimated that there will be a transpiration rate of 5.35 megalitres of water per hectare/per year averaged over 10 years and subject to verification after four years.
91. Media Release, Australian Conservation Foundation, 9 August 2001.
92. The Productivity Commission, is the Australian government's principal review and advisory body on microeconomic policy and regulation. It conducts public inquiries and research into a broad range of economic and social issues affecting the welfare of Australians, including: competition policy, productivity, the environment, economic infrastructure, labour markets, trade and assistance, structural adjustment and microeconomic reform. The Commission also supports the: Commonwealth Competitive Neutrality Complaints Office; the Office of Regulation Review; and the Steering Committee for the Review of Commonwealth/State Service Provision.
93. Productivity Commission Staff Research Paper, September 2001. This paper should be read together with the Productivity Commission Research Paper, Constrain ts on Private Conservation of Biodiversity, July 2001.
94. Productivity Commission Staff Research Paper, September 2001. This paper should be read together with the Productivity Commission Research Paper, Constrain ts on Private Conservation of Biodiversity, July 2001.
95. Productivity Commission Staff Research Paper, September 2001. This paper should be read together with the Productivity Commission Research Paper, Constrain ts on Private Conservation of Biodiversity, July 2001.
96. Productivity Commission Staff Research Paper, September 2001. This paper should be read together with the Productivity Commission Research Paper, Constrain ts on Private Conservation of Biodiversity, July 2001.
97. Productivity Commission Staff Research Paper, September 2001. This paper should be read together with the Productivity Commission Research Paper, Constrain ts on Private Conservation of Biodiversity, July 2001.
98. Helen Barnett, Introduction to Feminist Jurisprudence (London and Sydney: Cavendish Publishing Limited 1998) at 121.
99. Helen Barnett, Introduction to Feminist Jurisprudence (London and Sydney: Cavendish Publishing Limited 1998) at 121.
100. M Peters, "Welfare and the Future of Community: The New Zealand Experiment" in Beyond the market: alternatives to economic rationalism (Pluto Press Australia Limited 1994) 171 at 173.
101. Frank Stillwell, "Economic Rationalism: Sound Foundations for Policy?" in Beyond the market: alternatives to economic rationalism (Pluto Press Australia Limited, 1994) 27 at 28.
102. M Peters, "Welfare and the Future of Community: The New Zealand Experiment" in Beyond the market: alternatives to economic rationalism (Pluto Press Australia Limited 1994) 171 at 173.
103. M Peters, "Welfare and the Future of Community: The New Zealand Experiment" in Beyond the market: alternatives to economic rationalism (Pluto Press Australia Limited 1994) 171 at 173.
104. Marianne A Ferber and Julie A Nelson, "Introduction: the Social Construction of Economics and the Social Construction of Gender" in Marianne A Ferber and Julie A Nelson, Beyond Economic Man: Feminist Theory and Economics (Chicago: The University of Chicago Press 1993) at 1.
105. According to ecofeminists, capitalist patriarchy, with its reliance on science and technology, has impacted harshly not only on women, but also on the environment and "others, " particularly Third World and Indigenous people. While ecofeminists identify substantially with mainstream feminist theorising, the links that they draw between patriarchy's impact on women, the environment and "others" is distinct.
106. R Eckersley, "Rat ionalising the Environment: How Much am I Bid?" in Beyond the market: alternatives to economic rationalism (Pluto Press Australia Limited, 1994) 237 at 239.
107. R Eckersley, "Rat ionalising the Environment: How Much am I Bid?" in Beyond the market: alternatives to economic rationalism (Pluto Press Australia Limited, 1994) 237 at 239.
108. J Boyd, D King and L A Wainger "Compensation for Lost Ecosystem Services: The Need for Benefit-Based Transfer Ratios and Restoration Criteria" (2001) 20 Stanford Environmental Law Journal 393.
109. J Boyd, D King and L A Wainger "Compensation for Lost Ecosystem Services: The Need for Benefit-Based Transfer Ratios and Restoration Criteria" (2001) 20 Stanford Environmental Law Journal 393.
110. J Boyd, D King and L A Wainger "Compensation for Lost Ecosystem Services: The Need for Benefit-Based Transfer Ratios and Restoration Criteria" (2001) 20 Stanford Environmental Law Journal 393.
111. J Boyd, D King and L A Wainger "Compensation for Lost Ecosystem Services: The Need for Benefit-Based Transfer Ratios and Restoration Criteria" (2001) 20 Stanford Environmental Law Journal 393.
112. J Boyd, D King and L A Wainger "Compensation for Lost Ecosystem Services: The Need for Benefit-Based Transfer Ratios and Restoration Criteria" (2001) 20 Stanford Environmental Law Journal 393.
113. J Boyd, D King and L A Wainger "Compensation for Lost Ecosystem Services: The Need for Benefit-Based Transfer Ratios and Restoration Criteria" (2001) 20 Stanford Environmental Law Journal 393.
114. J Boyd, D King and L A Wainger "Compensation for Lost Ecosystem Services: The Need for Benefit-Based Transfer Ratios and Restoration Criteria" (2001) 20 Stanford Environmental Law Journal 393.
115. J Boyd, D King and L A Wainger "Compensation for Lost Ecosystem Services: The Need for Benefit-Based Transfer Ratios and Restoration Criteria" (2001) 20 Stanford Environmental Law Journal 393.
116. J Boyd, D King and L A Wainger "Compensation for Lost Ecosystem Services: The Need for Benefit-Based Transfer Ratios and Restoration Criteria" (2001) 20 Stanford Environmental Law Journal 393.
117. Stuart Blanch, Submission to the National Competition Council regarding its Third Tranche Assessment of Government's Progress with Implementing National Competition Policy, Australian Conservation Foundation, May 2001.
118. Stuart Blanch, Submission to the National Competition Council regarding its Third Tranche Assessment of Government's Progress with Implementing National Competition Policy, Australian Conservation Foundation, May 2001.
119. See for example the Carbon Rights Legislation Amendment Act 1998 No 124, which amends the Conveyancing Act 1919 to recognise that right associated with carbon sequestration from the atmosphere may be a species of forestry right.
120. see also the Protection of the Environment Operations Amendment (Tradeable Emission Schemes) Act 2000 (NSW).