Suchergebnisse

The role of prosecution in achieving compliance with social regulation is a highly contentious issue, nowhere more so than with regard to work-related injury and death in the New South Wales mining industry. Following a mining disaster, political pressure prompted the mines inspectorate to abandon its traditional 'advise and persuade' approach in favour of a much tougher, deterrence-oriented approach. Our field-work suggests that while the former approach can result in regulatory capture, the latter can be equally counterproductive. In the mining industry, interactions between inspectors and the regulated industry are frequent and ongoing and trust is central to constructive relations. When those relations break down (as under an inappropriate prosecution policy) then dialogue ceases, information is withheld rather than shared, in-firm accident investigation, prevention, and remedial action are inhibited and both sides retreat to a form of adversarialism that undermines regulatory effectiveness. Through a 20-year case study of the mines inspectorate, the article demonstrates the centrality of trust to regulatory effectiveness, how it can be lost, and how it can best be regained.

After considerable success in reducing water pollution from large industrial point-sources, regulators have begun to consider the contribution of more elusive but no less significant sources. These include small- and medium-sized enterprises, domestic residences and the agricultural sector. This article focuses on intensive agriculture and the means by which policymakers can best utilise regulation and other policy instruments. Intensive agricultural enterprises have particular characteristics that distinguish them from agricultural non-point-sources, and as such, demand a unique policy approach. We consider how such policies can be advanced in the context of the Swan-Canning River in Western Australia. In particular, we identify a sector-specific approach that integrates a range of performance, technology and process standards, in combination with the selected application of subsidies. Finally, we address the respective roles of government, industry and third parties. Key findings are for a combination of tailored, sector specific standards, targeted inspection and enforcement, industry cooperation and engagement and for the judicious application of supply-chain pressure.

Despite major reforms in water management, many water resources are still over-exploited and under threat. Hard questions are accordingly being asked as to whether present legal and governance tools are providing adequate answers to Australia's pressing w

In summary, planning processes can be effective in reducing diffuse pollution, by taking advantage of catchment-wide insights about environmental hot spots such as nutrient sensitive areas and, through mechanisms such as state or regional plans or local zoning requirements, restricting the range of acceptable activities in those areas. This will not only be effective in prohibiting or restricting activities that contribute disproportionately to diffuse pollution, it will also likely be cost-effective in doing so, since it is only environmentally sensitive areas that will be targeted and only high risk activities within them. It is, nevertheless, a strategy of limited value given that in many areas, activities are already taking place that are environmentally inappropriate and the planning system, with its prospective nature, provides no mechanism for dealing with them. One considerable attraction of the Nitrates Directive is that is applies to existing as well as future uses, and for this reason, has a considerably broader reach.

This article examines innovative approaches to regulating the environmental performance of vehicle body shops, in the state of Victoria, Australia. Based on field research, this provides a useful opportunity to not only identify the limitations of the environmental management practices (including regulatory resistance, a lack of resources and cultural obstacles), but also the failure of conventional regulatory approaches to adequately address and overcome problematic characteristics typical of small and medium sized enterprises (numerous, geographically dispersed, environmentally unsophisticated and, collectively, a substantial source of pollution). Particular focus is given to cleaner production, partnerships and environmental management systems in improving environmental performance. We also consider the potential role of 'regulatory surrogates' as an adjunct to a mix of government regulatory initiatives.

This article examines innovative approaches to regulating the environmental performance of vehicle body shops, in the state of Victoria, Australia. Based on field research, this provides a useful opportunity to not only identify the limitations of the environmental management practices (including regulatory resistance, a lack of resources and cultural obstacles), but also the failure of conventional regulatory approaches to adequately address and overcome problematic characteristics typical of small and medium sized enterprises (numerous, geographically dispersed, environmentally unsophisticated and, collectively, a substantial source of pollution). Particular focus is given to cleaner production, partnerships and environmental management systems in improving environmental performance. We also consider the potential role of 'regulatory surrogates' as an adjunct to a mix of government regulatory initiatives.

The role of prosecution in achieving compliance with social regulation is a highly contentious issue, nowhere more so than with regard to work-related injury and death in the New South Wales mining industry. Following a mining disaster, political pressure prompted the mines inspectorate to abandon its traditional 'advise and persuade' approach in favour of a much tougher, deterrence-oriented approach. Our field-work suggests that while the former approach can result in regulatory capture, the latter can be equally counterproductive. In the mining industry, interactions between inspectors and the regulated industry are frequent and ongoing and trust is central to constructive relations. When those relations break down (as under an inappropriate prosecution policy) then dialogue ceases, information is withheld rather than shared, in-firm accident investigation, prevention, and remedial action are inhibited and both sides retreat to a form of adversarialism that undermines regulatory effectiveness. Through a 20-year case study of the mines inspectorate, the article demonstrates the centrality of trust to regulatory effectiveness, how it can be lost, and how it can best be regained.

After considerable success in reducing water pollution from large industrial point-sources, regulators have begun to consider the contribution of more elusive but no less significant sources. These include small- and medium-sized enterprises, domestic residences and the agricultural sector. This article focuses on intensive agriculture and the means by which policymakers can best utilise regulation and other policy instruments. Intensive agricultural enterprises have particular characteristics that distinguish them from agricultural non-point-sources, and as such, demand a unique policy approach. We consider how such policies can be advanced in the context of the Swan-Canning River in Western Australia. In particular, we identify a sector-specific approach that integrates a range of performance, technology and process standards, in combination with the selected application of subsidies. Finally, we address the respective roles of government, industry and third parties. Key findings are for a combination of tailored, sector specific standards, targeted inspection and enforcement, industry cooperation and engagement and for the judicious application of supply-chain pressure.

In summary, planning processes can be effective in reducing diffuse pollution, by taking advantage of catchment-wide insights about environmental hot spots such as nutrient sensitive areas and, through mechanisms such as state or regional plans or local zoning requirements, restricting the range of acceptable activities in those areas. This will not only be effective in prohibiting or restricting activities that contribute disproportionately to diffuse pollution, it will also likely be cost-effective in doing so, since it is only environmentally sensitive areas that will be targeted and only high risk activities within them. It is, nevertheless, a strategy of limited value given that in many areas, activities are already taking place that are environmentally inappropriate and the planning system, with its prospective nature, provides no mechanism for dealing with them. One considerable attraction of the Nitrates Directive is that is applies to existing as well as future uses, and for this reason, has a considerably broader reach.