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.     

A CASE STUDY IN THE IMPLEMENTATION OF THE FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS1

ABSTRACT: A general model of the policy implementation process is utilized to facilitate a discussion of the way Section 208 of PL 92-500 is being carried out on an areawide basis. A study of four “208 areas” in the “New York-Philadelphia corridor” highlights the operation of several variables used in the model. The varying political and socioeconomic conditions in geographic areas which have similar water quality problems are leading to the evolution of vastly different implementing structures, or institutional arrangements. The analysis suggests that these differences may have important implications for the success of the program in each of these areas. A major underlying theme is that such problems are characteristic of the 208 process nationwide and reflect general difficulties associated with managing water quality in a federal system.     

Evaluation of the First Phase of Sulfur Dioxide and Nitrogen Oxides Provisions of the 1990 Clean Air Act: A Plant-Based Approach

Electric power generating plants that use coal were among the key targets of Title IV of the 1990 Clean Air Act. Under the first phase of the act, 110 coal-fired electric power plants were required to reduce their sulfur dioxide emissions by 1995 and nitrogen oxide emissions by 1996. Phase 2 of the act requires even greater reduction of sulfur dioxide emissions by 2000 and nitrogen oxide emissions by 2008. This study examines whether the 107 targeted plants (three plants went off-line) have achieved the desired sulfur dioxide and nitrogen oxide emission levels. The analysis of sulfur dioxide is based on data from 1990, 1995, and 1999. The findings show that although sulfur oxide increased by 3% from 1995 to 1999, it decreased by 45% over the 1990–1999 period at the firm level for the targeted firms. The findings also indicate that the overall reduction in sulfur dioxide was achieved by utilizing low sulfur coal and by purchasing emission allowances. So far as nitrogen oxides are concerned, there has been a reduction of 14% over the 1990–1999 period, of which 7% was achieved during the 1995–1999 period. An evaluation of emissions at the plant level indicates that several plants do not meet the emissions level for sulfur dioxide or nitrogen oxides. These results provide a mixed scorecard for reduction in emissions both for sulfur dioxide and nitrogen oxides. Even though there is reduction in the emissions on an overall basis at the firm level, several plants that have not been able to reduce emissions deserve special attention to meet the goals of the act in reducing emissions.     

Evaluation of a Market in Wetland Credits: Entrepreneurial Wetland Banking in Chicago

Abstract: With the rise of market‐led approaches to environmental policy, compensation for permitted discharge of dredge or fill material into wetlands under Section 404 of the U.S. Clean Water Act has been purchased increasingly from entrepreneurial third‐party providers. The growth of this practice (i.e., entrepreneurial wetland banking) has resolved many challenges associated with wetland compensation. But it has also produced (1) quantifiable temporal loss of wetland ecological functions, (2) spatial redistribution of wetland area, and (3) a degree of regulatory instability that may pose a threat to entrepreneurial compensation as a sustainable component of wetland‐compensation policy. We used achieved compensation ratios, lapse between bank credit sale and the attainment of performance standards, distance between impact and bank site, and changes in bank market area to examine these 3 factors. We analyzed data from a census of all such transactions in the Chicago District of the U.S. Army Corps of Engineers, compiled from site visits, Corps databases, and contacts with consultants and Section 404 permittees. Entrepreneurial banking provided compensation at a lower overall ratio than nonbank forms of compensation. Approximately 60% of bank credits were sold after site‐protection standards were met but before ecological performance standards were met at the bank site. The average distance between bank and impact site was approximately 26 km. The area of markets within which established banks can sell wetland credits has fluctuated considerably over the study period. Comparing these data with similar data for other compensation mechanisms will assist in evaluating banking as an element of conservation policy. Data characterizing the performance of entrepreneurial wetland banks in actual regulatory environments are scarce, even though it is the most established of similar markets that have become instrumental to federal policy in administering several major environmental protection laws.     

Survey of mercury,cadmium and lead content of household batteries

The objective of this work was to provide updated information on the development of the potential impact of heavy metal containing batteries on municipal waste and battery recycling processes following transposition of the new EU Batteries Directive 2006/66/EC. A representative sample of 146 different types of commercially available dry and button cells as well as lithium-ion accumulators for mobile phones were analysed for their mercury (Hg)-, cadmium (Cd)- and lead (Pb)-contents. The methods used for preparing the cells and analysing the heavy metals Hg, Cd, and Pb were either developed during a former study or newly developed. Several batteries contained higher mass fractions of mercury or cadmium than the EU limits. Only half of the batteries with mercury and/or lead fractions above the marking thresholds were labelled. Alkaline–manganese mono-cells and Li-ion accumulators, on average, contained the lowest heavy metal concentrations, while zinc–carbon batteries, on average, contained the highest levels.     

环保法首修：生态文明入法——评析环保法修正案（草案）之指导思想

阐述了生态文明的内涵,认为生态文明入法是思想理念上升为法律意志,分析了生态文明入法的必要性、合理性和价值性。     

Plant vintages, grandfathering, and environmental policy

Environmental regulations that grandfather existing plants, by not holding them to the same strict standards as new plants, may have the unintended consequence of retarding new investment. If new plants are cleaner, then this effect may increase pollution in the short run. I develop a dynamic model of a facility’s decisions over scrapping and abatement, which depend on capital depreciation, profitability shocks, and environmental policy. Using data from fossil fuel fired boilers at electric power plants, I estimate the structural parameters of the model and assess the impact of grandfathering in the Clean Air Act on sulfur dioxide emissions. Counterfactual policy simulations show that an increase in the stringency of performance standards would have led to a decrease in investment in new boilers. However, this does not lead to increased emissions, since there is less investment in dirtier coal boilers as compared to relatively cleaner oil or natural gas boilers.     

Medical supplies management in the cholera epidemic in Somalia 1985

In March/April 1985 a cholera epidemic of explosive speed affected a population of 45,000 newly arrived refugees in the town of Hargeysa in the North-West region of Somalia. Seven hundred and sixty one people were killed by the disease within ten days. Great efforts were made on regional, national and international levels in order to reduce mortality and to control the spread of the disease, and large amounts of relief supplies were immediately flown into the country from various aid organizations and governments. This paper describes the supplies management during the operation, with an emphasis on the mobilization of supplies from abroad and from the capital into the emergency area. Recommendations are offered for the organization of medical supplies during cholera outbreaks. The author worked during the epidemic as co-ordinating secretary for relief supplies in Mogadishu.     

新消防法强化应急救援的立法思考

新<消防法>关于应急救援的规定引起了社会各界的普遍关注,本文从立法学角度,从应急救援的立法史,立法背景及立法内容等方面对公安机关消防机构的应急救援职能进行研究,以期准确理解新消防法的立法本意,为有效实施应急救援工作提供理论支持.     

API standard 521 guidance on mixing of hot/cold liquids and prevention of superheat limit explosions

American Petroleum Institute (API) standards and recommended practices have identified inadvertent mixing of hot and cold liquids as a potential cause for equipment overpressure since 1955. The limited guidance has been informative but provides minimal if any details on conditions that could cause an overpressure and its potential severity. Therefore, the user must interpret how and when to prevent and/or mitigate the scenario. This guidance has changed little over the years. In June 2020, API published the 7th Edition of API Standard 521 which now provides specific guidance as to conditions whereby pressure relief devices can be considered for protection and conditions where prevention remains as the only recourse. This paper discusses the basis for the revised guidance in API Standard 521 and includes supplemental guidance.