A Canadian/Australian approach to implementing legal innovations management of the biofuel energy weed risk

Abstract

The Australian and Canadian communities both see the need and the opportunity to use biofuels to achieve a range of economic and social benefits. In both jurisdictions risks have been identified alongside the opportunity, and so the shared challenge is to find ways to obtain the benefits but with the least possible risk. One of the key risks is of weed spread fro biofuels crops. Starting from a comparative overview of the biofuels issues, this paper will discuss an innovative risk regulation approach, using a co-regulatory model and targeted risk instruments. Such an approach holds the potential to be more efficient than traditional "ban or approve" strategies that prevail in both jurisdictions. Both countries also share a common law federal heritage. This paper will also consider some of the types of implementation arrangements (particularly laws and legal institutions) that may be required to give effect to an innovative approach in both countries.