Transforming environmental governance in a "laggard" state

Environmental and Planning Law Journal

Volumn 21, Issue 2, 2004, Pages 144-160

  Grant, Richard ^a   Papadakis, Elim ^b  

^a The Department of the Parliamentary Library   (Australia)

^b AUSTRALIAN NATIONAL UNIVERSITY   (Australia)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 77951715500     PISSN: 0813300X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (92)

1. Hajer MA, The Politics of Environmental Discourse: Ecological Modernization and the Policy Process (Oxford University Press, Oxford, 1995)
2. Jänicke M and Weidner H (eds), National Environmental Policies: A Comparative Study of Capacity-Building (Springer-Verlag, Berlin, 1997)
3. Lafferty W and Meadowcroft J (eds), Implementing Sustainable Development: Strategies and Initiatives in High Consumption Societies (Oxford University Press, Oxford, 2000)
4. Jordan A, Wurzel R and Zito A (eds), "New Instruments of Environmental Governance" (2003) 12(1) Environmental Politics 3
5. Mol A, Lauber V and Liefferink D (eds), The Voluntary Approach to Environmental Policy: Joint Environmental Policy-Making in Europe (Oxford University Press, Oxford, 2000).
6. Knill C and Lenschow A, "Modes of Regulation in the Governance of the European Union: Towards a Comprehensive Evaluation" in Levi-Faur D and Jordana J (eds), The Politics of Regulation (Edward Elgar, Cheltenham, 2003, forthcoming)
7. Scott C, "Regulation in the Age of Governance: The Rise of the (Post-) Regulatory State" in Levi-Faur D and Jordana J (eds), The Politics of Regulation (Cheltenham: Edward Elgar, 2003, forthcoming).
8. Jordan A, Wurzel R and Zito A (eds), "New Instruments of Environmental Governance" (2003) 12(1) Environmental Politics 3
9. Papadakis E and Grant R, "The Politics of Light-Handed Regulation: New Environmental Policy Instruments in Australia" (2003) 12(1) (Spring) Environmental Politics 27.
10. Jahn D, "Environmental Performance and Policy Regimes: Explaining Variations in 18 OECD Countries" (1998) 31 Policy Sciences 107
11. Andersen M and Liefferink D (eds), European Environmental Policy: The Pioneers. (Manchester University Press, Manchester, 1997)
12. Lafferty W and Meadowcroft J (eds), Implementing Sustainable Development: Strategies and Initiatives in High Consumption Societies (Oxford University Press, Oxford, 2000).
13. Christoff P, "Ecological Modernisation, Ecological Modernities" (1996) 5(3) Environmental Politics 476
14. Connelly J and Smith G, Politics and the Environment (2nd ed, Routledge, London, 2003) p 309.
15. Jordan A and Lenschow A, "'Greening' the European Union: What Can be Learned from the Leaders of EU Environmental Policy?" (2000) 10 European Environment 118.
16. Jordan A and Lenschow A, "'Greening' the European Union: What Can be Learned from the Leaders of EU Environmental Policy?" (2000) 10 European Environment 118.
17. Connelly J and Smith G, Politics and the Environment (2nd ed, Routledge, London, 2003) pp 322 and 345
18. Jordan A, "The Implementation of EU Environmental Policy: A Policy Problem without a Political Solution?" in Jordan A (ed), Environmental Policy in the European Union: Actors, Institutions and Processes (Earthscan, London, 2002).
19. See Charlton P, State of Mind: Why Queensland is Different (Methuen Haynes, North Ryde, 1987)
20. Wells D, The Deep North (Outback Press, 1979).
21. Galligan B, Utah and Queensland Coal: A Study in the Micro Political Economy of Modern Capitalism and the State (Queensland University Press, 1989) p 197.
22. See Hundloe T, "The Environment" in Patience A, The Bjelke-Petersen Premiership 1968-1983: Issues in Public Policy (Longman Cheshire, 1985) pp 81-94.
23. See Whitton E, The Hillbilly Dictator: Australia's Police State (ABC Books, 1993).
24. The Queensland Irrigators Council estimated that in 1995-1996 the gross value of production from irrigated crops accounted for over 52% of the gross value of all crops grown in the State: Queensland Farmers' Federation, Submission to Inquiry into Infra structure and the Development of Australia's Regional Services (April 1999).
25. Office of Economic and Statistical Research, Agricultural Production by Selected Crop, Queensland 1895-96 to 1995-96, http://www.oesr.qld.gov.au/views/statistics/topics/agriculture/agric_fs.htm viewed 30 April 2003. In 1960-1961, production of sugarcane was 8,824,000 tonnes. By 1990-1991, it was 23,232,000 tonnes.
26. Canegrowers, Industry Overview, Where is Sugarcane Grown?, http://www.canegrowers.com.au/overview.htm viewed 30 April 2003.
27. Canegrowers, Industry Overview, Where is Sugarcane Grown?, http://www.canegrowers.com.au/overview.htm viewed 30 April 2003.
28. The crops are sugarcane, raw sugar, maize, wheat, raw cotton, bananas and pineapples. See Office of Economic and Statistical Research, Agricultural Production by Selected Crop, Queensland 1895-96 to 1995-96, http://www.oesr.qld.gov.au/views/statistics/topics/agriculture/agric_fs.htm viewed 30 April 2003. In 1960-1961, production of sugarcane was 8,824,000 tonnes. By 1990-1991, it was 23,232,000 tonnes.
29. Carden M, "Unsustainable Development in Queensland" in Walker KJ and Crowley K (eds), Australian Environmental Policy 2 (UNSW Press, 1999) p 101.
30. Carden explains that North Queensland is unsuited to European-style agriculture given its tropical climate, topography and insect pests. The climate makes rainfalls erratic while the flat topography means most of the good sites for dams are in the south. See Carden M, "Unsustainable Development in Queensland" in Walker KJ and Crowley K (eds), Australian Environmental Policy 2 (UNSW Press, 1999) p 85.
31. Carden cites the high cost and difficulty of attracting adequate labour to northern regions. See Carden M, "Unsustainable Development in Queensland" in Walker KJ and Crowley K (eds), Australian Environmental Policy 2 (UNSW Press, 1999) pp 86 and 89.
32. Carden M, "Unsustainable Development in Queensland" in Walker KJ and Crowley K (eds), Australian Environmental Policy 2 (UNSW Press, 1999) p 102.
33. For a critique of these reforms from the perspective of Queensland agricultural interests, see Queensland National Farmers' Federation, Submission to Productivity Commission on the Impact of NCP on Rural and Regional Areas, November 1998 and May 1999, http://www.qff.org.au/Policies/Economics/Submission%20on%20NCP%20to%20Productivity%20Commission.htm viewed 28 April 2003.
34. Department of Natural Resources and Mining, Queensland's Mining Industries: Creating Wealth for the Community, the State and the Nation (prepared by ACIL Consulting, February 2002) pp 5 and 14.
35. Queensland Government, Queensland Annual Economic Report, 2001-02, p 13.
36. Queensland Government, Queensland Annual Economic Report, 2001-02, p 13, Table 5a.
37. Department of Tourism, Racing and Fair Trading, "Tourism in Queensland", http://www.dtrft.qld.gov.au/tourism/tourism.asp viewed 16 April 2003.
38. Queensland Government, Queensland Annual Economic Report, 2001-02, p 13, Table 4a.
39. Premier's website, "Queensland is Australia's Smart State", http://www.thepremier.qld.gov.au/smartstate/index.htm viewed 16 April 2003.
40. Premier's website, "Queensland is Australia's Smart State", http://www.thepremier.qld.gov.au/smartstate/index.htm viewed 16 April 2003.
41. The Hon Stephen Robertson, Parliamentary proceedings, "Gas Pipeline approved for $1.3 billion Stanwell Magnesium Project" (2 April 2003) http://statements.cabinet.qld.gov.au/cgi-bin/display-statement.pl?id=11747&db=media viewed 16 April 2003.
42. Queensland Government, Queensland Annual Economic Report, 2001-02, p 13, Table 1a.
43. Australian Bureau of Agricultural and Resource Economics, Australian Energy and Production: Historical Trends and Projections to 2009-10 (Canberra, 1997) http://www.env.qld.au/environment/science/environment/eser.html viewed 16 April 2003.
44. Environment Australia, National Greenhouse Gas Inventory, Queensland, Table 1.2.
45. Australian Bureau of Agricultural and Resource Economics, Australian Energy and Production: Historical Trends and Projections to 2009-10 (Canberra, 1997) http://www.env.qld.au/environment/science/environment/eser.html viewed 16 April 2003.
46. Diesendorf M, "Australia's Polluting Power: Coal-fired Electricity and its impact on global warming" (Epping, 2003) http://www.wwf.com.au/downloads/WWF_2003_Coal_FINAL2.pdf viewed 18 April 2003.
47. DNRM, NRM Facts, Land series (June 2001).
48. At the time of writing, the Beattie Government was due to introduce legislation into the Queensland Parliament to ban tree-clearing by the end of 2006. Following a convincing election victory in February 2004, the bill is certain to be passed.
49. DNRM, "Vegetation Management", http://www.nrm.qld.gov.au/vegetation/index.html viewed 16 April 2003.
50. WWF Australia, "Urgent Action Needed to Halt Land Clearing Crisis" (Media Release 22 January 2003) http://www.wwf.com.au viewed 18 April 2003.
51. Queensland Farmers' Federation, "Submission to Inquiry into Infrastructure and the Development of Australia's Regional Services" (April 1999) http://www.qff.org.au/Policies/Economics/Infrastructure.htm viewed 18 April 2003. The submission cited the example of an evaluation of the Nathan Dam proposal on the Dawson River which established that an additional 1.1 million megalitres could be made available to agriculture, mining and power stations after allowing for adequate environmental flows.
52. DPC, Premier's Policy Scan, Issue 4, June 2002.
53. Azzopardi M, Marohasy J, Christiansen I and Dawson S, "Environmental Commitment of the Queensland Sugar Industry", reproduced by Canegrowers, http://www.canegrowers.com.au viewed 8 May 2003.
54. Queensland Sugar Corporation, "Sugar Industry", http://www.sri.org.au/sugarindustry2.html viewed 18 April 2003.
55. DPC, Premier's Policy Scan, Issue 4, June 2002.
56. Environment Australia, State of the Environment Report 2001 (Fact sheets, February 2002) http://www.ea.gov.au/soe/2001/fact-sheets/sediment.html viewed 15 May 2003. The Report cited the example of North Queensland catchments where grazing lands are responsible for two-thirds of the estimated annual sediment export from North Queensland rivers.
57. DNRM, Annual Report 2001-02, http://www.nrm.qld.gov.au/about/pdf/annual_report/annual_report02_pt1.pdf.
58. This is not to say that DNRM has exclusive control of these resources.
59. DME administered the Mineral Resources Act 1989 and the 1991 Environment Management Overview Strategy. These were designed to rehabilitate mines through requiring security payments from prospective investors.
60. EPA Queensland, "Sustainability: Managing Risk and Creating Opportunities", http://www.env.qld.gov.au/sustainable_industries/introduction.html viewed 16 April 2003.
61. Department of State Development, Queensland, "About State Development", http://www.sd.qld.gov.au/dsdweb/htdocs/global/content.cfm?id=201 viewed 16 April 2003.
62. DPC, "Trends in water management-Institutional Change", http://www.premiers.qld.gov.au/about/pcd/policyscan/issue7/trends.html#ins viewed 16 April 2003.
63. DPC, "State Cabinet endorses report on new CEOs Committees", http://www.premiers.qld.gov.au/sectorwide/june2002/m8.htm viewed 16 April 2003.
64. United Nations Convention on the Law of the Sea 1982, Pt 12: Protection and Preservation of the Marine Environment", http://www.hri.org/docs/LOS/ viewed 17 April 2003.
65. The notion of "reasonable care" is borrowed from common law (Donoghue v Stephenson [1932] AC 562). Under statute, the environment is now treated as an entity upon which harm may be caused and appropriate punishment dealt. McGrath C, Synopsis of the Queensland Environmental Legal System (Environmental Law Publishing, 2002).
66. For a complete listing, see McGrath C, Synopsis of the Queensland Environmental Legal System (Environmental Law Publishing, 2002).
67. Queensland Government, The Queensland Energy Policy-A Cleaner Energy Strategy (May 2000) Foreword, p 1.
68. Queensland Government, "Queensland Energy Policy-A Cleaner, Smarter Plan for the Future", The Weekend Australian (3-4 June 2000) p 13.
69. The Commonwealth Government, for instance, legislated the Renewable Energy Electricity Act in 2000 which requires wholesale electricity buyers to purchase more of the electricity they use from renewable energy sources. Under the law, major electricity companies are required to purchase renewable energy certificates to indicate that electricity was generated from low net greenhouse gas emissions.
70. DPC, "Trends in water management-Institutional Change", http://www.premiers.qld.gov.au/about/pcd/policyscan/issue7/trends.html#ins viewed 16 April 2003.
71. DNRM, "Regional Vegetation Management Planning" (Vegetation Series-DNR Facts) http://www.nrm.qld.gov.au/factsheets/pdf/vegetation/v17.pdf viewed 16 April 2003.
72. The Plans are published as subordinate legislat ion to the Act.
73. DNRM, Understanding Water Resource Planning, http://www.nrm.qld.gov.au/wrp/pdf/general/u_wrp.pdf viewed 16 April 2003.
74. Queensland Government, State Budget 2002-2003, Highlights, Department of Natural Resources and Mines.
75. DNRM, "Regional Vegetation Management Planning" (Vegetation Series-DNR Facts) http://www.nrm.qld.gov.au/factsheets/pdf/vegetation/v17.pdf viewed 16 April 2003.
76. DNRM, "Regional Ecosystems" (DNRM Fact sheets) http://www.nrm.qld.gov.au/factsheets/pdf/vegetation/V02low.pdf viewed 16 April 2003.
77. For example, the key coastal management issues for the Cardwell-Hinchinbrook region included the management and controlled growth for tourism, agricultural expansion of coastal lowlands, water quality, conservation of threat ened species and protection of World Heritage Area values.
78. These responsibilities include existing planning schemes and regional forums. Fifty-one of Queensland's 92 local councils administer the coastline.
79. Carden M, "Unsustainable Development in Queensland" in Walker KJ and Crowley K (eds), Australian Environmental Policy 2 (UNSW Press, 1999) p 102.
80. Hundloe T, "The Environment" in Patience A, The Bjelke-Petersen Premiership 1968-1983: Issues in Public Policy (Longman Cheshire, 1985) pp 81-94.
81. Andrews G, Speech to The Financial Review Conference on Emissions Trading by the Chief Executive of the Australian Greenhouse Office (Sydney, March 2000) http://www.greenhouse.gov.au/communications/presentations/afr.pdf viewed 6 February 2001.
82. See also Grabosky P and Braithwaite J, Of Manners Gentle: Enforcement Strategies of Australian Business Regulatory Agencies (Oxford University Press, Melbourne, 1986).
83. Both the sugar industry association CANEGOWERS and the QFF welcomed the Productivity Commission's decision to investigate the cost of State and Commonwealth environmental regulation to business.
84. Australian Greenhouse Office, "Greenhouse Challengers", http://www.greenhouse.gov.au/challenge/members/pubs/list_of_challengers.pdf viewed 28 April 2003.
85. Queensland Farmers' Federation, "QFF Welcomes Productivity Commission Inquiry", www.qff.org.au viewed 28 April 2003.
86. Queensland Farmers' Federation, "QFF Welcomes Productivity Commission Inquiry", www.qff.org.au viewed 28 April 2003.
87. Hajer MA, The Politics of Environmental Discourse: Ecological Modernization and the Policy Process (Oxford University Press, Oxford, 1995)
88. These views were strongly expressed at the "Property Rights in Paradise" Forum held in Cairns, 8-9 April 2003, http://www.canegrowers.com.au/PDF'S/Brochure%201.pdf viewed 19 April 2003.
89. DNRM has announced plans to protect extractive "key resource areas" from incompatible development when making land use planning decisions. The plans are proposed under the Integrated Planning Act 1997. DNRM, Proposed State Planning Policy for the Protection of Extractive Resources, http://www.nrm.qld.gov.au/mines/spp_extract_resource.html viewed 30 April 2003.
90. Hardin G, "The Tragedy of the Commons" (1968) 162 Science 1243-1248
91. Meadows D, Meadows D, Randers J and Behrens W, The Limits to Growth (New American Library, New York, 1972).
92. Beattie P, "Opening Address, Salinity Summit" (Brisbane, 2 August 2002). For a full transcript, see http://www.nrm.qld.gov.au/salinity/pdf/salinity_summit_transcript.pdf viewed 19 April 2003.