Integrating Strategic Environmental Assessment with Industry Planning: A Case Study of the Pasquai-Porcupine Forest Management Plan,Saskatchewan, Canada

Strategic environmental assessment (SEA) is gaining widespread recognition as a tool for integrating environmental considerations in policy, plan, and program development and decision-making. Notwithstanding the potential of SEA to improve higher-order decision processes, there has been very little attention given to integrating SEA with industry planning practices. As a result, the benefits of SEA have yet to be fully realized among industrial proponents. That said, SEA practice is ongoing, albeit informally and often under a different label, and is proving to be a valuable tool for industry planning and decision-making. Based on a case study of the Pasquai-Porcupine forest management plan in Saskatchewan, Canada, this paper illustrates how an integrated approach to SEA can contribute to industry environmental decision-making and can enhance the quality and deliverability of industry plans.     

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.