Developing a Good Regulatory Practice Model for Environmental Regulations Impacting on Farmers

Abstract

This research examines the regulatory process literature to identify how to improve environmental regulations impacting on farmers. Regulatory process is defined as the steps, procedures and policy guidelines that dictate how regulations are made and implemented by governments. Poor process makes it more likely that regulations will be poorly designed or implemented. This report discusses the foundations of good regulatory practice. Appendix 1 provides a more detailed guide to where particular aspects of the literature can be found for those who are serious students of regulatory and other natural resource management (NRM) practices. Case studies in Appendix 2 illustrate regulatory issues including: the jurisdictional underpinnings of natural resource regulations, which are frequently complex and introduce inefficiencies in the operation of regulations; regulatory instrument design and the implications for efficiency of different designs; the science/law interface and how it impacts on the cost and implementation of regulation; and co-regulation and smart regulation. Regulatory performance is complex and many of the relationships between regulation and its outcomes are indirect. Factors influencing the outcome of regulation include: the political context; the attitudes of those regulated to the rules; the skill and resources available to the regulators; and the variability of economies, climate, markets and societies. Processes provide a framework within which the application of skillful design can result in better laws, particularly by assisting the transparent contesting of regulatory or other proposals so as to force improvement.