The good,the bad,and the statutory: are statutory or non-statutory natural resource management plans higher in quality?

Numerous governments around the world have adopted statutory mandates on plan content based on the assumption that they lead to greater consistency and higher quality of plans. While a number of studies have examined the relationship between mandates to develop plans and plan quality, there has been limited study of the influence of state mandates for plan content on plan quality in a regional natural resource management (NRM) planning context. This paper explores the relationship between the quality of regional NRM plans between statutory and non-statutory NRM regions in New South Wales and Queensland, Australia. An analysis of 22 regional NRM plans indicates that there is no evidence of a relationship between plan quality and the presence of statutory mandates for regional NRM plans in New South Wales and Queensland. However, the paper identifies and discusses several other factors with unexpected relationships with an impact on the quality of NRM plans in New South Wales and Queensland, Australia.     

南水北调工程环境管理质量保障措施初探

从组织保障、法规政策、监督管理、经济、技术等角度提出了保障南水北调工程环境管理工作有效实施的保障措施,并从加强统一领导和部门协调,推广和完善环境保护目标责任制,法制建设,对重大决策、规划与建设项目实施全过程监督和环境监测能力建设等方面进行了初步探讨.     

Towards a Duty of Care for Biodiversity

The decline in biodiversity is a worldwide phenomenon, with current rates of species extinction more dramatic than any previously recorded. Habitat loss has been identified as the major cause of biodiversity decline. In this article we suggest that a statutory duty of care would complement the current mix of policy options for biodiversity conservation. Obstacles hindering the introduction of a statutory duty of care include linguistic ambiguity about the terms ‘duty of care’ and ‘stewardship’ and how they are applied in a natural resource management context, and the absence of a mechanism to guide its implementation. Drawing on international literature and key informant interviews we have articulated characteristics of duty of care to reduce linguistic ambiguity, and developed a framework for implementing a duty of care for biodiversity at the regional scale. The framework draws on key elements of the common law ‘duty of care’, the concepts of ‘taking reasonable care’ and ‘avoiding foreseeable harm’, in its logic. Core elements of the framework include desired outcomes for biodiversity, supported by current recommended practices. The focus on outcomes provides opportunities for the development of innovative management practices. The framework incorporates multiple pathways for the redress of non-compliance including tiered negative sanctions, and positive measures to encourage compliance. Importantly, the framework addresses the need for change and adaptation that is a necessary part of biodiversity management.     

A framework for assessing the impact of the IPPC directive on the performance of the pig industry.

New European Union legislation on Integrated Pollution Prevention and Control (IPPC) is being implemented in the United Kingdom, enacted by the Pollution Prevention and Control Act 1999 and its statutory instruments, the Pollution Prevention and Control (England and Wales) Regulations 2000. This legislation incorporates previously unregulated installations in the food and intensive livestock sectors, such as pig installations above a given threshold size. IPPC requires that installations adopt Best Available Techniques and follow General Binding Rules of good practice in order to manage their environmental effects. IPPC has significant potential impacts for both the environmental and financial performance of the pig industry. In this context, the paper discusses the IPPC implementation process as it applies to the sector and presents a methodological framework for assessing the environmental and cost benefit implications of the new regulations.     

Cutting the cake: Supporting environmental fund allocation decisions

This paper describes a decision support model for allocating financial resources amongst multiple user groups in environmental management problems. The model is based on the multiple criteria analysis (MCA) method of compromise programming. It was used to inform the allocation of Natural Heritage Trust funds across 14 regions in Queensland, Australia. The model targets funding to those regions with greater natural resource management needs. Need is determined by 19 weighted criteria relating to natural resource assets and threats. The model was accepted by the Australian Government, Queensland Government and regional groups as an appropriate means for allocating program funds; first in 2005 and then again, with improvements, in 2007. This paper shows that an MCA model can improve the transparency, auditability and acceptance of allocation decisions which would otherwise be heavily politicised.     

论政府生态环境损害赔偿责任的承担

政府承担生态环境损害赔偿责任的理论基础是政府对环境质量负责,政府对环境质量负责的实质是政府作为公共环境的管理者和控制者对维护公共环境利益所负担的安全保障义务。根据政府的环境安全保障义务,政府承担生态环境损害赔偿责任应以过错推定为归责原则,责任构成的核心是政府负有其职责范围内特定的环境安全保障义务,因未尽环境安全保障义务间接引发生态环境损害。由于政府未尽环境安全保障义务的行为并非直接也并不必然导致生态环境损害,所以政府一般仅根据自身行为的可责性及其程度对生态环境损害承担补充性的赔偿责任,只有在特殊情况下才承担连带赔偿责任,在政府不负有特定环境安全保障义务的情况下政府不承担赔偿责任。     

Meaning work: reworking institutional meanings for environmental governance

Effective environmental governance requires institutional change. While some actors work to change institutions, others resist change by defending and maintaining institutions. Much of this institutional work is ‘meaning work’, which we define as the practice of crafting, adapting, connecting and performing meanings to purposively create, maintain or disrupt institutions. This paper constructs a concept of meaning work that highlights agency in carrying meanings across scales and between discursive layers, while noting the structuring role of prevailing discourses. It grounds the concept using two environmental governance cases at very different scales: a local democratic innovation employed by Noosa Council in Queensland, Australia; and the international campaign to divest from fossil fuels. The cases demonstrate the diversity of meaning work and the difficulty of achieving deep discursive change. They point to the need for environmental governance practitioners to rework existing meanings to construct compelling stories for change, taking advantage of narrative openings.     

Supporting multi-stakeholder environmental decisions

This paper examines how multiple criteria analysis (MCA) can be used to support multi-stakeholder environmental management decisions. It presents a study through which 48 stakeholders from environmental, primary production and community interest groups used MCA to prioritise 30 environmental management problems in the Mackay-Whitsunday region of Queensland, Australia. The MCA model, with procedures for aggregating multi-stakeholder output, was used to inform a final decision on the priority of the region's environmental management problems. The result was used in the region's environmental management plan as required under Australia's Natural Heritage Trust programme. The study shows how relatively simple MCA methods can help stakeholders make group decisions, even when they hold strongly conflicting preferences.     

TIM: Assessing the sustainability of agricultural land management

TIM (Threat Identification Model) is a framework for the ex ante assessment of agricultural land management sustainability at the land unit scale that identifies sources of unsustainability within agricultural land management systems. The model explicitly links defined hazards to land productivity and environmental integrity, land resource data and information, and land management practice options using expert and local knowledge on land management and its potential effects. The model was tested in the Crystal Creek Subcatchment, a narrow coastal strip of land situated in north Queensland, Australia. This area was chosen due to the expansion of the sugar industry onto increasingly marginal land in the area, which represents a threat to sustainable land use and a requirement for careful land-use planning and land management.TIM may be used in a relational database as a stand alone decision support system for land-management planning. Its usefulness in land-use planning is greatest when it is linked to a Geographic Information System (GIS) as shown in this paper. GIS allows TIM outputs, such as constraints to agriculture and site-specific best-management practices, to be identified in a spatially explicit manner.The main advantages of TIM are that it can be done ex ante, it removes the need to define sustainability assessment criteria and indicators, it utilises current understanding of the causes and effects of land degradation and how different land-management practices influence these, and links this knowledge to definite land-management options.     

环境民事公益诉讼中预防性责任适用规则的优化路径

"防患于未然"是环境民事公益诉讼预防性责任应对环境风险的价值诉求。预防性责任是在有危害之虞或损害已经发生且侵害处于持续状态时采取的积极预防性的救济措施，面向的是抽象不确定性。预防性责任的具体表现形式主要以停止侵害、排除妨碍、消除危险为主。但在环境司法实践中，预防性责任呈现出环境侵害标准不明和责任形式单调等问题，掣肘环境司法良序发展。鉴于此，需对环境民事公益诉讼预防性责任适用规则进行系统性优化，在遵循预防原则的前提下，明晰环境侵害标准，增设责任承担方式，建构举证责任转换规则以及设置预防性执行措施等，进而发挥预防性责任的前瞻性预防功能，以促进环境民事公益诉讼满足实践需求。     

A decision support process to compare riparian revegetation options in Scheu Creek catchment in north Queensland

While riparin vegetation can play a major role in protecting land, water and natural habitat in catchments, there are high costs associated with tree planting and establishment and in diverting land from cropping. The distribution of costs and benefits of riparian revegetation creates conflicts in the objectives of various stakeholder groups. Multicriteria analysis provides an appropriate tool to evaluate alternative riparian revegetation options, and to accommodate the conflicting views of various stakeholder groups. This paper discusses an application of multicriteria analysis in an evaluation of riparian revegetation policy options for Scheu Creek, a small sub-catchment in the Johnstone River catchment in north Queensland, Australia. Clear differences are found in the rankings of revegetation options for different stakeholder groups with respect to environmental, social and economic impacts. Implementation of a revegetation option will involve considerable cost for landholders for the benefits of society. Queensland legislation does not provide a means to require farmers to implement riparian revegetation, hence the need for subsidies, tax incentives and moral suasion.     

Environmental Footprint of Foods: The Duty to Inform

In this paper we argue that there is a duty to inform consumers about the environmental impact of foods, and discuss what this duty entails and to whom it falls. We analyze previous proposals that justify ethical traceability with arguments from sustainability and the respect for the autonomy of consumers, showing that they cannot ground a duty to inform. We argue instead that the duty rests on the right of consumers not to be harmed, insofar as consumers have an interest in the morality of their own agency that is frustrated if they are not informed about the environmental impact of the production and transport of what they consume. Our argument detaches the regulation of labeling from substantive theories of environmental ethics or perfectionist conceptions of citizens’ responsibility, thus defending a case for labeling that is compelling also for those who take the role of the state to be limited to the prevention of harm.     

基于环境恢复的环境污染损害责任与建立

环境本身损害的责任缺失是我国环境污染管理中亟待解决的突出问题。文章从社会经济系统与其支撑环境间作用关系过程链的三个响应环节出发,分析了建立环境本身损害责任机制的作用、意义及环境本身损害赔偿的内涵与构成。提出了围绕突发性污染排放问题,以恢复环境为目标,衔接我国环境应急管理系统实施环境本身损害责任的构架。结合突发性污染排放建立环境损害的恢复责任,对推进环境污染损害管理和深化污染事故应急处置具有重要支持作用。     

Stewardship Volunteering by Older Australians: The Generative Response

The aim of this paper is to use Erikson's approach to human development, and specifically generativity, as a framework by which to explore older people's experiences of environmental stewardship activities. Using data from a large qualitative study of environmental volunteers resident in the coastal fringes of Queensland, Australia, the paper provides important, illustrative, empirical support for Erikson's theory of generativity in later life. Findings suggest that older people are much more likely to connect their environmental actions with the longer-term future, and express a need to leave a lasting legacy for future generations. According to respondents, the later years are a time to contribute to the environment as part of a broader cycle of life. The environment is also an important site for intergenerational activities. Whilst the work presented here is only a small, localized study, use of Erikson's theory of human development as a framework helps demonstrate the importance of a generative response in later life.     

关于完善环境污染损害赔偿法律救济的思考

随着经济的飞速发展,环境污染的现象日益严重。目前我国解决环境污染损害赔偿责任纠纷的方式包括两种,即行政处理和诉讼解决。我国环境污染损害赔偿制度尚不完善。本文就完善环境污染损害赔偿法律救济提出具体建议,即修改、完善环境污染损害赔偿相关法律制度,使其适应经济和社会可持续发展的需要。     

环保新思维：绿色保险

我国现在正处于环境事故高发期,而环境污染损害赔偿是企业,甚至是国家必须面对的现实问题。然而单凭企业承担责任是力所不能及的,最终不得不由国家买单,给国家带来沉重的负担。这种情况迫切需要建立环境污染损害责任保险机制,即绿色保险,把赔偿引向社会化。保险本身就是一种救灾形式,因为它能分散风险,减少损失。针对我国的具体情况,建立适宜的环境污染责任保险模式才能平衡发展与环境保护的关系、在全社会牢固树立生态文明理念。     

Environmental education for engineers: An Australian viewpoint

Summary Australian engineering undergraduate courses of 1987 are described as being devoid of any real environmental content. It is suggested that this is an important omission, for engineers should have a duty to consider the environmental impact of their works. Possible ways in which an environmental component could be added to existing engineering courses are outlined.Prepared by the Environmental Education Subcommittee of the Environmental Engineering Panel of the Sydney Division of the Institution of Engineers, AustraliaHans Bandler is a member of the Environmental Engineering Panel of the Sydney Division of the Institution of Engineers, Australia and its Environmental Education Subcommittee. This paper was prepared and distributed as a Discussion Paper on Environmental Education for Engineering Undergraduates in April, 1987. Preparation of the paper was assisted by a draft document from the Institution of Engineers, Australia's National Committee on Environmental Engineering.     

Identifying Opportunities for Decision Support Systems in Support of Regional Resource Use Planning: An Approach Through Soft Systems Methodology

/ Regional resource use planning relies on key regional stakeholder groups using and having equitable access to appropriate social, economic, and environmental information and assessment tools. Decision support systems (DSS) can improve stakeholder access to such information and analysis tools. Regional resource use planning, however, is a complex process involving multiple issues, multiple assessment criteria, multiple stakeholders, and multiple values. There is a need for an approach to DSS development that can assist in understanding and modeling complex problem situations in regional resource use so that areas where DSSs could provide effective support can be identified, and the user requirements can be well established. This paper presents an approach based on the soft systems methodology for identifying DSS opportunities for regional resource use planning, taking the Central Highlands Region of Queensland, Australia, as a case study.     

Stewardship Volunteering by Older Australians: The Generative Response

Abstract

The aim of this paper is to use Erikson's approach to human development, and specifically generativity, as a framework by which to explore older people's experiences of environmental stewardship activities. Using data from a large qualitative study of environmental volunteers resident in the coastal fringes of Queensland, Australia, the paper provides important, illustrative, empirical support for Erikson's theory of generativity in later life. Findings suggest that older people are much more likely to connect their environmental actions with the longer-term future, and express a need to leave a lasting legacy for future generations. According to respondents, the later years are a time to contribute to the environment as part of a broader cycle of life. The environment is also an important site for intergenerational activities. Whilst the work presented here is only a small, localized study, use of Erikson's theory of human development as a framework helps demonstrate the importance of a generative response in later life.     

CHANGING THE APPROPRIATION DOCTRINE UNDER THE MODEL STATE WATER CODE1

ABSTRACT: The American Society of Civil Engineers (ASCE) Model State Water Code provides suggested statutory language and commentary helpful in guiding western water law reform. Departing from the past preference for stream diversions and consumptive uses, the code is sensitive to the public's interest in maintaining environmental quality. The traditional doctrine protected inefficient uses and in some states hampered transfers. The model code addresses these issues as well as advocating integrated manage. meat and water resource planning. The debate on how to reform water law has already started, and the model code provides material useful in the reform process. Even with the current draft code, a few gaps exist for later resolution.