Riverbanks and the law: The arbitrary nature of river boundaries in New South Wales,Australia

Key aspects of environmental management exist within a legislative framework. The Rivers and Foreshores Improvement Act 1948 (NSW) and several Regional Environmental Plans created under the Environmental Planning and Assessment Act 1979 (NSW) make reference to ‘the top of the bank’ for defining areas of protected land adjacent to rivers, within which development consent may be required. It is an arbitrary term and its use within the Rivers and Foreshores Improvement Act 1948 (NSW) leads to confusion. This paper examines the range of definitions of ‘the top of the bank’ in respect of natural watercourses and aims to provide a more lucid and effective definition that will clarify existing ambiguities in legal interpretation. The paper examines the historical origins of the phrase ‘top of the bank’, finding that stereotyped Eurocentric views of what a river ‘should look like’ have impaired the legal definition for Australian rivers, thereby influencing common law and the development of statutory definitions. Judicial applications of the phrase ‘top of the bank’ are examined from a geomorphological perspective, demonstrating the misconceptions of the term in a legal context. The paper identifies the existence of widespread support for the need to protect land adjacent to rivers in the interests of environmental, economic and social sustainability. It concludes by calling for legislative reform that is both tailored to the individual site and consistent with overarching goals at the catchment scale.     

Marine Protected Dramas: The Flaws of the Brazilian National System of Marine Protected Areas

This article discusses the current problems and issues associated with the implementation of a National System of Marine Protected Areas in Brazil. MPA managers and higher governmental level authorities were interviewed about their perceptions of the implementation of a national MPA strategy and the recent changes in the institutional arrangement of government marine conservation agencies. Interviewees’ narratives were generally pessimistic and the National System was perceived as weak, with few recognizable marine conservation outcomes on the ground. The following major flaws were identified: poor inter-institutional coordination of coastal and ocean governance; institutional crisis faced by the national government marine conservation agency; poor management within individual MPAs; problems with regional networks of marine protected areas; an overly bureaucratic management and administrative system; financial shortages creating structural problems and a disconnect between MPA policy and its delivery. Furthermore, a lack of professional motivation and a pessimistic atmosphere was encountered during many interviews, a malaise which we believe affects how the entire system is able to respond to crises. Our findings highlight the need for a better understanding of the role of ‘leadership’ in the performance of socio-ecological systems (such as MPA networks), more effective official evaluation mechanisms, more localized audits of (and reforms if necessary to) Brazil’s federal biodiversity conservation agency (ICMBio), and the need for political measures to promote state leadership and support. Continuing to focus on the designation of more MPAs whilst not fully addressing these issues will achieve little beyond fulfilling, on paper, Brazil’s international marine biodiversity commitments.     

The Efficacy of a Programme of Landslide Risk Reduction in Areas of Unplanned Housing in the Eastern Caribbean

Poor countries are disproportionately affected by the cost of disasters. Yet there is evidence of the benefits of seeking to mitigate the impact of a disaster, compared with the costs incurred in ‘making good’ after a major event has occurred. This article reviews a programme of landslide risk reduction in unplanned communities in the Eastern Caribbean. The construction of appropriate surface water management measures, based on the application of scientific and engineering principles, has been demonstrated to reduce the hazard from rainfall-triggered landslides. Adopting a community-based approach additionally delivers social and environmental benefits relating to employment generation, improvements in the environmental conditions within the community, and improvements slope management practices. The sustained implementation of the community-based projects has provided the necessary evidence-base for these practices to influence Government policy and practice, and gain recognition from regional development agencies. The strategic and incremental uptake of the community-based methodology is demonstrated to be an effective means for delivering physical landslide risk reduction measures in the most ‘at risk’ areas of unplanned housing.     

Water injustices and potential remedies in indigenous rural contexts: A water justice analysis

This paper examines Indigenous water rights in rural and remote Australia and how water justice seems to be elusive in many of these spaces. The purpose of this literature review is to link water justice theory and practices to the way different water cultures are valued in Australia while simultaneously critiquing the water justice movement. This paper situates the notion of water justice as a specific kind of environmental justice to cater for the unique qualities that define this resource. In doing so, this paper draws on Schlosberg’s (2004) conception of environmental justice with its trivalent approach that describes the following three ‘circles of concern’: recognition of difference, plurality of participation, and finally equitable distribution of resources and costs and benefits. This framework provides that if the first two ‘circles of concern’ are not in existence in a natural resource management process, then inequitable distribution of that resource is a likely outcome. This paper presents two areas where water injustices exist in the context of Indigenous rural and remote Australia. The first relates to how Indigenous rights to water have been inadequately recognized and the second presents empirical data on water supply and sanitation in rural and remote Indigenous communities that demonstrates ongoing dilemmas around securing this basic human right. The undervaluing of cultural differences relating to water is argued to be antecedent to the injustice manifest in poor water supply and sanitation provision for Indigenous rural contexts. This paper does not attempt to survey the body of ethnographic work on society-water relations in rural and remote Indigenous Australian contexts but reviews the gaps in current mainstream acknowledgement of Indigenous water cultures. In exploring water justice in rural and remote Indigenous Australia, this paper offers a novel approach to a dilemma more frequently analysed solely as a health development issue.     

Revolution or inch-by-inch? Campaign approaches on climate change by environmental groups

Climate change is a significant environmental, social and environmental problem that has been identified by scientists in consensus internationally. The Australian Government’s response is considered by environmental non-government organisations (NGOs) to be inadequate. NGOs are ‘change agents’ of society, and in this role they are agitating to influence political decision-making on climate change response. This paper outlines the campaign strategies being used by Australian NGOs to attract public and political attention to the issue of climate change. Using seven NGOs as case studies, the archival materials of these organisations were accessed and analysed. Current academic and other literature also was used to reflect on their effectiveness. Four campaign themes and, within these, fifteen activities were identified. The results indicate that the notion of whether NGOs are undertaking an ‘revolutionary’ or ‘incremental’ approach, or any other narrow strategic approach put forward by various scholars is too simple for analysing campaigns: none of the NGOs appear to intentionally favour one type of strategy. The question raised by this finding is whether the NGOs’ current ‘multi-strategic’ approach is effective. This research contributes to filling the information gap with regard to NGO campaign strategies on environmental issues, and highlights the need for further research.     

Towards Unpacking the Theory Behind,and a Pragmatic Approach to Biodiversity Offsets

The use of biodiversity offsets to compensate for residual impacts on biodiversity resulting from a development or land-use change, is becoming more prevalent. While much has been published on this topic, there has been little published on the theoretical foundation on which biodiversity offsets are based. This paper seeks to unpack the theoretical and practical tenets of biodiversity offsets in relation to the public trust doctrine, responsibilities of the developer and the State, and significant unmitigable impacts on biodiversity. It was reasoned that the responsibility of the developer and the life of a biodiversity offset are finite, and that the concept of ‘in perpetuity’ may not exist practically and in law. It was further discovered that a sound understanding of the public trust doctrine is critical for consistent offset-based decision-making, particularly in those circumstances where an impasse between the potential significant loss to biodiversity and an indispensable need for a development or land-use change arises.     

Role of Adaptive Management for Watershed Councils

Recent findings in the Umpqua River Basin in southwestern Oregon illustrate a tension in the rise of both community-based and watershed-based approaches to aquatic resource management. While community-based institutions such as watershed councils offer relief from the government control landowners dislike, community-based approaches impinge on landowners' strong belief in independence and private property rights. Watershed councils do offer the local control landowners advocate; however, institutional success hinges on watershed councils' ability to reduce bureaucracy, foster productive discussion and understanding among stakeholders, and provide financial, technical, and coordination support. Yet, to accomplish these tasks current watershed councils rely on the fiscal and technical capital of the very governmental entities that landowners distrust. Adaptive management provides a basis for addressing the apparent tension by incorporating landowners' belief in environmental resilience and acceptance of experimentation that rejects “one size fits all solutions.” Therefore community-based adaptive watershed management provides watershed councils a framework that balances landowners' independence and fear of government intrusion, acknowledges the benefits of community cooperation through watershed councils, and enables ecological assessment of landowner-preferred practices. Community-based adaptive management integrates social and ecological suitability to achieve conservation outcomes by providing landowners the flexibility to use a diverse set of conservation practices to achieve desired ecological outcomes, instead of imposing regulations or specific practices.     

The use of recreation planning tools in U.S. Forest Service NEPA assessments

U.S. Forest Service managers are required to incorporate social and biophysical science information in planning and environmental analysis. The use of science is mandated by the National Environmental Policy Act, the National Forest Management Act, and U.S. Forest Service planning rules. Despite the agency’s emphasis on ‘science-based’ decision-making, little is known about how science is actually used in recreation planning and management. This study investigated the perceptions of Forest Service interdisciplinary (ID) team leaders for 106 NEPA projects dealing with recreation and travel management between 2005 and 2008. Our survey data show how managers rate the importance of social and biophysical science compared to other potential ‘success factors’ in NEPA assessments. We also explore how team leaders value and use multi-disciplinary tools for recreation-related assessments. Results suggest that managers employ a variety of recreation planning tools in NEPA projects, but there appears to be no common understanding or approach for how or when these tools are incorporated. The Recreation Opportunity Spectrum (ROS) was the most frequently used planning tool, but the Visitor Experience and Resource Protection (VERP) framework was the most consistently valued tool by those who used it. We recommend further evaluation of the strengths and weaknesses of each planning tool and future development of procedures to select appropriate planning tools for use in recreation-related NEPA assessments.     

Sustainability Assessment of Future Scenarios: Methodology and Application to Mountain Areas of Europe

BioScene (scenarios for reconciling biodiversity conservation with declining agriculture use in mountain areas in Europe) was a three-year project (2002–2005) funded by the European Union’s Fifth Framework Programme, and aimed to investigate the implications of agricultural restructuring and decline for biodiversity conservation in the mountain areas of Europe. The research took a case study approach to the analysis of the biodiversity processes and outcomes of different scenarios of agri-environmental change in six countries (France, Greece, Norway, Slovakia, Switzerland, and the United Kingdom) covering the major biogeographical regions of Europe. The project was coordinated by Imperial College London, and each study area had a multidisciplinary team including ecologists and social and economic experts, which sought a comprehensive understanding of the drivers for change and their implications for sustainability. A key component was the sustainability assessment (SA) of the alternative scenarios. This article discusses the development and application of the SA methodology developed for BioScene. While the methodology was objectives-led, it was also strongly grounded in baseline ecological and socio-economic data. This article also describes the engagement of stakeholder panels in each study area and the use of causal chain analysis for understanding the likely implications for land use and biodiversity of strategic drivers of change under alternative scenarios for agriculture and rural policy and for biodiversity management. Finally, this article draws conclusions for the application of SA more widely, its use with scenarios, and the benefits of stakeholder engagement in the SA process.     

Phytocapping: An alternative technique to reduce leachate and methane generation from municipal landfills

Avoiding percolation of water into refuse is the key function of landfill covers. ‘Phytocapping’ has been considered as an effective, economical and environment-friendly technique for landfill remediation. In this technique, trees are established on a layer of soil cap placed over the refuse. Soil cover acts as a ‘storage’ and trees act as ‘bio-pump and filters’. For effective functioning of this technique, it is critical that an ‘optimum’ depth of soil is placed over the refuse, and ‘suitable’ plant species are used as plant cover. Preliminary results of a phytocapping trial (using 21 tree species and two depths of soil layers) show that the established trees can remove more water than that received via rainfall and rainfall interception can reduce up to 20% of the rain reaching the soil in a 1.5 year old plantation. The study is also trialling an US numeric model ‘STOMP’ (Subsurface Transport over Multiple Phases), to calculate daily water balance, to identify suitable plant species and to optimise thickness of the soil cover to be used in phytocapping.     

Management by Assertion: Beavers and Songbirds at Lake Skinner (Riverside County,California)

Management of ecological reserve lands should rely on the best available science to achieve the goal of biodiversity conservation. “Adaptive Resource Management” is the current template to ensure that management decisions are reasoned and that decisions increase understanding of the system being managed. In systems with little human disturbance, certain management decisions are clear; steps to protect native species usually include the removal of invasive species. In highly modified systems, however, appropriate management steps to conserve biodiversity are not as readily evident. Managers must, more than ever, rely upon the development and testing of hypotheses to make rational management decisions. We present a case study of modern reserve management wherein beavers (Castor canadensis) were suspected of destroying habitat for endangered songbirds (least Bell’s vireo, Vireo bellii pusillus, and southwestern willow flycatcher, Empidonax traillii extimus) and for promoting the invasion of an exotic plant (tamarisk, Tamarix spp.) at an artificial reservoir in southern California. This case study documents the consequences of failing to follow the process of Adaptive Resource Management. Managers made decisions that were unsupported by the scientific literature, and actions taken were likely counterproductive. The opportunity to increase knowledge of the ecosystem was lost. Uninformed management decisions, essentially “management by assertion,” undermine the long-term prospects for biodiversity conservation.     

A Fuzzy Logic Approach to Marine Spatial Management

Marine spatial planning tends to prioritise biological conservation targets over socio-economic considerations, which may incur lower user compliance and ultimately compromise management success. We argue for more inclusion of human dimensions in spatial management, so that outcomes not only fulfill biodiversity and conservation objectives, but are also acceptable to resource users. We propose a fuzzy logic framework that will facilitate this task- The protected area suitability index (PASI) combines fishers’ spatial preferences with biological criteria to assess site suitability for protection from fishing. We apply the PASI in a spatial evaluation of a small-scale reef fishery in Sabah, Malaysia. While our results pertain to fishers specifically, the PASI can also be customized to include the interests of other stakeholders and resource users, as well as incorporate varying levels of protection.     

Converting wasteland into wonderland by earthworms—a low-cost nature’s technology for soil remediation: a case study of vermiremediation of PAHs contaminated soil

Earthworms in general are tolerant to many chemical contaminants including heavy metals and organic pollutants in soil and can bio-accumulate them in their tissues. Earthworms species like Eisenia fetida, Eisenia tetraedra, Lumbricus terrestris, Lumbricus rubellus and Allobophora chlorotica have been found to remove heavy metals (Cd, Pb, Cu, Hg, etc.) pesticides and lipophilic organic micropollutants like the polycyclic aromatic hydrocarbons (PAH) from the soil. They ‘absorb’ the dissolved chemicals through the moist ‘body wall’ in the interstitial water and also ‘ingest’ by mouth while the soil passes through the gut. They either ‘bio-transform’ or ‘biodegrade’ the chemical contaminants rendering them harmless in their bodies. Meanwhile the quality of the soil is improved significantly in terms of physical, chemical and biological properties as the worms thoroughly upturn and disperse the soil, ingest large volumes of soil and excrete nutritive materials (NKP and micronutrients) in the form of ‘vermicasts’ along with millions of beneficial soil microbes including nitrogen fixers.     

Absorptive Capacity as a Guiding Concept for Effective Public Sector Management and Conservation of Freshwater Ecosystems

The ability of an organisation to recognise the value of new external information, acquire it, assimilate it, transform, and exploit it, namely its absorptive capacity (AC), has been much researched in the context of commercial organisations and even applied to national innovation. This paper considers four key AC-related concepts and their relevance to public sector organisations with mandates to manage and conserve freshwater ecosystems for the common good. The concepts are the importance of in-house prior related knowledge, the importance of informal knowledge transfer, the need for motivation and intensity of effort, and the importance of gatekeepers. These concepts are used to synthesise guidance for a way forward in respect of such freshwater management and conservation, using the imminent release of a specific scientific conservation planning and management tool in South Africa as a case study. The tool comprises a comprehensive series of maps that depict national freshwater ecosystem priority areas for South Africa. Insights for implementing agencies relate to maintaining an internal science, rather than research capacity; making unpublished and especially tacit knowledge available through informal knowledge transfer; not underestimating the importance of intensity of effort required to create AC, driven by focussed motivation; and the potential use of a gatekeeper at national level (external to the implementing organisations), possibly playing a more general ‘bridging’ role, and multiple internal (organisational) gatekeepers playing the more limited role of ‘knowledge translators’. The role of AC as a unifying framework is also proposed.     

Management Regimes,Property Rights,and Forest Biodiversity in Nepal and India

This article compares a range of initiatives aimed at involving people in the management of forest resources in Nepal and India. In Nepal, we focus on three categories of state-initiated programs: community forestry, the parks’ buffer zone program, and leasehold forestry. In the southern Indian state of Karnataka, we study the state-initiated Joint Forest Planning and Management program along with older institutions of leaf manure forests (Soppina betta) and historical sacred forests (Kans). We conclude that state-initiated approaches to involving communities have been limited, at best, promote standardized and relatively inflexible management practices, and lead to partial improvement in biodiversity and people’s livelihoods. When management is initiated and owned by the community, as in the case of sacred groves in India, and when other conditions are appropriate, communities can have the opportunity to demonstrate their capacity for putting effective and adaptive conservation practices in place.     

Urban Environmental Management in Shanghai: Achievements, Problems, and Prospects

This article critically reviews the evolution of urban environmental management in Shanghai since 1978. Established in a transitional postsocialist economy and shaped by a spectacular urban redevelopment process, the current environmental management framework of Shanghai has succeeded in mitigating major industrial pollution and improving urban amenities with unprecedented pace and magnitude. However, it generally failed to take social equity and environmental justice issues into consideration. Based on Haughton’s models of sustainable urban development, this article proposes four priorities and five principles within the framework of a fair shares cities model for the future environmental management of Shanghai and briefly discusses their policy implications and implementation issues. The authors argue that Haughton’s approach is relevant to Shanghai’s case because the essence of his argument—the multidimensional equity principles—is the core of the concept of sustainable development.     

Sewage treatment by vermifiltration with synchronous treatment of sludge by earthworms: a low-cost sustainable technology over conventional systems with potential for decentralization

Earthworms’ body works as a ‘biofilter’ and they have been found to remove the 5 days’ BOD (BOD₅) by over 90%, COD by 80–90%, total dissolved solids (TDS) by 90–92%, and the total suspended solids (TSS) by 90–95% from wastewater by the general mechanism of ‘ingestion’ and biodegradation of organic wastes, heavy metals, and solids from wastewater and also by their ‘absorption’ through body walls. Earthworms increase the hydraulic conductivity and natural aeration by granulating the clay particles. They also grind the silt and sand particles, increasing the total specific surface area, which enhances the ability to ‘adsorb’ the organics and inorganic from the wastewater. Intensification of soil processes and aeration by the earthworms enable the soil stabilization and filtration system to become effective and smaller in size. Suspended solids are trapped on top of the vermifilter and processed by earthworms and fed to the soil microbes immobilized in the vermifilter. There is no sludge formation in the process which requires additional expenditure on landfill disposal. This is also an odor-free process and the resulting vermifiltered water is clean and disinfected enough to be reused for farm irrigation and in parks and gardens G. Bharambe—GU & Research Assistant (Under Rajiv K. Sinha), U. Chaudhari—GU (Worked on vermiculture project).     

Don’t Fight the Site: Three Geomorphic Considerations in Catchment-Scale River Rehabilitation Planning

Three geomorphic considerations that underpin the design and implementation of realistic and strategic river conservation and rehabilitation programs that work with the nature are outlined. First, the importance of appreciating the inherent diversity of river forms and processes is discussed. Second, river dynamics are appraised, framing the contemporary behavioral regime of a reach in relation to system evolution to explain changes to river character and behavior over time. Third, the trajectory of a reach is framed in relation to downstream patterns of river types, analyzing landscape connectivity at the catchment scale to interpret geomorphic river recovery potential. The application of these principles is demonstrated using extensive catchment-scale analyses of geomorphic river responses to human disturbance in the Bega and Upper Hunter catchments in southeastern Australia. Differing implications for reach- and catchment-scale rehabilitation planning prompt the imperative that management practices work with nature rather than strive to ‘fight the site.’     

Global Marine Protection Targets: How S.M.A.R.T are They?

Global marine protection targets have been criticised for being ecologically irrelevant and often inadequate. However, they may also provide motivation for conservation action. However, no such targets have yet been met, and the health of the marine environment has continued to deteriorate. The Tenth Conference of the Parties to the Convention on Biological Diversity (CBD) recently adopted a new marine protection target, in October, 2010. As such, it is timely to critically assess the potential role of this and other global marine protection targets in conservation and marine resource management. Three targets adopted in the past ten years were assessed using the SMART (Specific, Measurable, Achievable, Realistic, and Timebound) framework. This assessment showed that the targets appear to have evolved to have become ‘SMARTer’ over time, particularly more Specific. The most recent CBD target also appears to be more Achievable than earlier targets. Three broad issues emerged that can inform the potential role, limitations, and challenges associated with global-scale marine protection targets: (i) that SMART target formulation, implementation, monitoring, and revision, is critically underpinned by relevant data and information; (ii) that perceived irrelevance of global targets may be at least partly due to a mismatch between the scale at which the targets were intended to operate, and the scale at which they have sometimes been assessed; and (iii) the primary role of global-scale targets may indeed be psychological rather than ecological. Recent progress indicates some success in this role, which could be built on with further ‘SMARTening’ of targets.     

Environmental Duty of Care: From Ethical Principle Towards a Code of Practice for the Grazing Industry in Queensland (Australia)

Among the options of government for reducing negative environmental externalities from agriculture is the institution of a polluter statutory liability. An environmental duty of care imposes a statutory liability on agents who interact with the environment to avoid causing environmental harm. This paper documents environmental duty of care provisions governing landholders in Queensland, Australia, with specific reference to the 2007 Queensland State Rural Leasehold Land Strategy. The paper reports on a positive response by a group of leaseholders within the Northern Gulf Region in Queensland who developed a prototype environmental code of practice for grazing—a land use not previously covered by such an institution in Australia. The paper concludes that (1) a statutory environmental duty of care and specific forms of leasehold tenure are elements of an effective strategy for implementing an agricultural environmental ethics in north Australia’s rangelands and (2) a grazing industry code of practice is a practical and important tool for the grazing industry to safeguard its social licence to operate.