The Formal and Informal Orders in Land Clearance Regulation in Australia

Abstract

Regulation of land clearance in Australia is attempting to curtail the big three environmental threats facing humanity: the enhanced greenhouse effect, biodiversity losses, and land degradation/desertification. This paper will review the current legislative regimes in place to reduce the rates of land clearance and some of the reasons why they have fallen short of generating compliance and, therefore, regulatory success. Chief amongst these are the "disconnects" between the "informal" codes or orders of behaviour upheld by norms within the regulated community, as well as the regulators, and the "formal" order of norms promoted by legislation. This paper will also describe how past regulatory failures may herald a future of regulatory success resulting from the development of a culture of learning and professionalism within agencies charged with implementation and enforcement. As a consequence, the narrowing of the gap between the formal order of the law and the informal order of society will likely occur.