Darren Sinclair

Self-Regulation Versus Command and Control? Beyond False Dichotomies

The search for regulatory alternatives to command and control has led many commentators to promote, or at least contemplate, the use of self-regulation to improve the environmental performance of industry. However, much of the current debate has been characterized by a choice between two mutually exclusive policy options: “strict” command and control on one hand, and “pure” self-regulation on the other. In fact, there is a much richer range of policy options, with most falling somewhere between theoretically polar extremes. This article demonstrates that there are a number of “regulatory variables” which policymakers can use to “fine-tune” regulatory options to suit the specific circumstances of particular environmental issues. In the vast majority of circumstances, a combination of self-regulation and command and control will provide the ideal regulatory outcome.

Regulation and the Role of Trust: Reflections from the Mining Industry

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.

Managed aquifer recharge in farming landscapes using large floods: an opportunity to improve outcomes for the Murray-Darling Basin?

Abstract Conjunctive use of surface and groundwater through managed aquifer recharge (MAR) is underway in Australia, principally to reuse urban wastewater. The opportunity for MAR in farming landscapes has received less attention, and the extent this might occur using water from large flood events or dam releases has not been examined. This paper addresses that gap by providing an overview of the potential benefits and challenges to implementing MAR using water from large floods, examining the social acceptability of MAR amongst groundwater licence holders in the Namoi Valley, and identifying future research needed to assess this opportunity. The appeal of MAR using water from large flood events is the opportunity it affords to replenish aquifers, return linkages between depleted groundwater and surface flows, and buffer the impacts of drought on irrigators and aquatic ecosystems. Most of the respondents to the Namoi survey agreed that MAR has merit. However, some research informants were concerned about the impact of recharge on groundwater quality and the possibility that MAR would be another intervention that would lead to over-exploitation of a scarce resource. A number of ways to implement MAR using large flood events are also canvassed and we identify next steps for the assessment of those options.

A Cluster of Mistrust: Safety in the Mining Industry

This article examines the relationship between mistrust, adversarial industrial relations and safety performance in 10 Australian coal mines, across three mining companies. Based on case study research and company safety data, the article identifies a ‘cluster of characteristics’ closely associated with the formation of mistrust, and examines the negative impact such characteristics can have on safety performance. The article considers the broader ramifications of these findings for non-mining sectors, in particular for companies with a corporate head office overseeing separate sites, and identifies ways of building trust.

Conjunctive Management Through Collective Action

This chapter focuses on the interaction between conjunctive management and collective action. Collective action has several characteristics that provide a natural ‘fit’ with conjunctive management. These include building trust and ownership to enhance water user’s acceptance of the need for better and more integrated management and resolving conflict and facilitating trade-offs between and across water users. But what are the opportunities and challenges for conjunctive management through collective action? And what types of settings encourage broad-based collective action by water users and governments? These questions are addressed through a comparative analysis of specific instances of groundwater governance in Australia, Spain, and the western United States of America. For each case, the diverse policy and institutional settings are explained, and consideration given to the motivators for, and successes of, conjunctive management and collective action. The chapter draws comparisons across the cases to suggest lessons on incentives for conjunctive management, as well as exploring its challenges, before identifying future directions for more effective integrated water management.

Design Principles for Smart Regulations

Deregulation and its Discontents examines the different ways in which the issues related to deregulation and reregulation have been addressed in Asia. The role of government in business has gone through distinct, if overlapping, cycles: regulation, deregulation and reregulation. However, little is known about deregulation and even less about reregulation, particularly in relation to Asia. The contributors to this book examine the links between the cycles through detvailed analyses of the electricity market, pensions and stock markets in the Asia Pacific. They also offer an explanation of regulatory cycles.

Regulating Intensive Agricultural Pollution

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 policy-makers 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.

Replenishing Australia’s Water Future: From Stagnation to Innovation

This chapter charts Australia’s leading-edge water law and governance reforms. It discusses progress on implementation and the challenges this has posed. Connections are drawn between Australia’s experience and the water law and governance literature. After outlining the book’s chapters, four fundamental questions are analysed and answered, namely how successful is Australia’s approach to designing and implementing water governance? What conditions have enabled or blocked its success, including environment, social, political and legal? How does Australia’s water governance system compare and contrast with different international water governance practices? And what are the broader insights for future water governance practice and theory?

Water Markets and Regulation: Implementation, Successes and Limitations

Although markets are widely promoted as an efficient tool for managing water, little critical attention has been directed to the legal and governance issues of water markets, including matters such as compliance and enforcement, water accounting, and the overall effectiveness of water trading. In response to these gaps, the chapter critically evaluates Australia’s cap and trade instrument, drawing on a review of the literature and survey and interview data collected from government and non-government stakeholders. The findings reveal achievements, including flexible responses to past and future droughts; efficiencies that contribute to economic and environmental benefits; and increasing trade and market functionality. Yet, the results also suggest cap and trade schemes are not functioning at the peak of their powers because of seven key flaws, namely a lack of robust regulatory underpinning; limited accuracy in water accounting; challenges in addressing universality of impact and source; queries over environmental benefits; lack of accounting for wider social impacts; windfall gains; and limited operation across Australia. Some of these flaws are correctable, and the chapter pinpoints relevant areas for market policy reform. However, a number of the identified flaws require water law and policy to look beyond markets. The chapter argues in these areas, such as groundwater, complementary regulatory tools are needed to ensure Australia’s future water security and sustainability.

Modelling for Managing the Complex Issue of Catchment-Scale Surface and Groundwater Allocation

Kinetic Analysis of the Coke Calcination Processes in Rotary Kilns.- Behavior of Elastomeric Seismic Isolators Varying Rubber Material and Pad Thickness: A Numerical Insights.- Numerical Simulation of Coastal Flows in Open Multiply-connected Irregular Domains.- System Dynamics and Agent-based Simulation for Prospective Health Technology Assessments.- Simple and Efficient Algorithms to get a Finer Resolution in a Stochastic Discrete Time Agent-based Simulation.- Numerical Study of Turbulent Boundary-layer Flow Induced by a Sphere above a Flat Plate.- Airflow and Particle Deposition in a Dry Powder Inhaler: An Integrated CFD Approach.Air pollution caused by small particles is a major public health problem in many cities of the world. One of the most contaminated cities is Mexico City. The fact that it is located in a volcanic crater surrounded by mountains helps thermal inversion and imply a huge pollution problem by trapping a thick layer of smog that float over the city. Modeling air pollution is a political and administrative important issue due to the fact that the prediction of critical events should guide decision making. The need for countermeasures against such episodes requires predicting with accuracy and in advance relevant indicators of air pollution, such are particles smaller than 2.5 microns (PM 2.5). In this work two different fuzzy approaches for modeling PM 2.5 concentrations in Mexico City metropolitan area are compared with respect the simple persistence method.