Conflicts of Interest about the use of natural

Conflicts of Interest about the use of natural environments u Conflicts of interest occur because of different values about the use of natural environments

Interest groups in conflict An interest group: is an organised group of people, including commercial, recreational and conservation users, with a shared opinion about a particular environmental issue

Interest groups are sometimes referred to as a pressure group attempts to influence the making or implementing and administering of government decisions

Interest groups DO NOT confuse interest groups with government agencies !!! I. e. VNPA & MCAV Vs DEPI, PARKS VIC etc

Methods Are ways of influencing change over use of natural environments. • There is a diversity of methods used by interest groups • The purpose of methods: • To increase public awareness and community support of issues • To apply direct pressure to influence the decision making processes/decision makers

Effectiveness of methods • • • Interest groups may need to use a number of different methods Some methods used by interest groups may be more successful than others The success/effectiveness of particular methods may depend on: • the characteristics of the conflict and the interest groups involved • What decision making process is being applied to the particular conflict

Direct Action Direct action can include: • • • Picketing/strikes Protest rallies/demonstrations/marches Blockades

Direct Action • • • Boycotts/bans Stunts: eg. climbing towers with signs Tree sitting/ chaining to machinery

Lobbying decision makers Lobbying involves direct contact and meetings with decision makers or their representatives.

Lobbying… • • • Can be conducted directly by interest groups (eg. delegations) or by employing professional lobbyists who have access to government ministers Can involve phone calls, emails or delegations to local councillors/State or Federal politicians/Gov’t Departments

Petitions and Letters/emails • • Sent to decision makers, newspapers or politicians Can include: • • • Petitions Postcards Pre-printed letters Handwritten letters Petitions sent to politicians must be tabled in Parliament (you will be able to find a pre written letter on behalf of the VNPA in the investigation)

Using the Media • • • Media releases by interest groups Paid advertising : TV , Radio, Newspaper Websites Interviews in newspapers, radio or TV Talkback Radio

Using the Media • • Letters to the editor (local and national papers) Phone-in polls Having prominent people as spokespersons to gain attention Stunts to gain media attention

Publicity campaigns • • • Street stalls/stands Bumper stickers T-shirts Banners Distributing material relating to issue: • Flyers • Letterbox drops

Education campaigns • • • Pamphlets, brochures and leaflets Websites, books and other publications Newsletters, bulletins from specific interest groups

Other methods include • • Information evenings/public meetings Forming partnerships with other groups Use of prominent people Gathering own evidence/presenting reports: • Scientific reports • Social reports

Processes

Processes are systematic actions used by decision makers to try to resolve conflicting interests over the use of natural environments. When conflict is over crown land it is the responsibility of the organisation or authority in charge of the management of that land ( statutory authorities established by Federal or State gov’t)

Government agencies/bodies related to public land management • Department of Environment and Primary Industries (DEPI) • Parks Victoria (Parks Vic) • Victorian Environmental Assessment Council (VEAC)

Department of Environment and Primary Industries Victorian State Government agency for sustainable management of: water resources, climate, bushfires, public land, forests and ecosystems. • It advises the Government Ministers for: • • Water Environment and Climate Change

DEPI aims to manage environments with balance and a variety of uses: • conserving flora and fauna, • protecting water catchments, protecting landscape and historical and cultural values • timber extraction & grazing, • recreational uses

Parks Victoria Manages: national, wilderness, state and regional parks, marine national parks and sanctuaries Melbourne’s metropolitan parks and open space network as well as the Lower Yarra, Maribyrnong and Patterson Rivers and Port Phillip and Western Port Bays.

Victorian Environmental Assessment Council (VEAC) provides independent and strategic advice on matters relating to the protection and ecologically sustainable management of the environment and natural resources of Victoria’s public land. investigates the use of public land on the request of the Minister. consults with the community and is required to include community responses in its investigation reports.

VEAC • • It DOES NOT make decisions about public land but presents recommendations to the Minister after its investigation. Any investigation and recommendations must consider social impacts, resource use and the needs of the environment.

Review VEAC and Angahook. Otway recommendations u What role does the VEAC have in deciding how public land environments should be used? u How does the VEAC consider how public land should be used? u What recommendations did the VEAC make for the Otways?

Processes The ideal resolution to any conflict is a compromise between opposing groups, ensuring all groups feel they have been heard and all can work with the decisions made. • A range of processes can be used to resolve conflict • Some processes are more effective than others: if there is no compromise = winners and losers

Types of processes • • • Legislation (use of laws) Litigation (use of court system) Arbitration Police Action Formation of a consultative group Community consultation Setting up a management committee Management plans Zoning of areas

Types of processes • • Referendums Direct negotiation Community education Environmental Impact Studies/Environmental Effects Statements Nomination for World Heritage listing International treaties (RAMSAR, World Heritage) Senate enquiries Executive decisions by controlling bodies (cabinet, local council)

Legislation • Involves use of existing laws or creation of new laws • • • Flora and Fauna Guarantee Act, Environment Protection and Biodiversity Conservation Act Marine National Parks legislation Forest Exclusion zones Legislation can be enacted by any level of gov’t (Federal, State or local) Purpose of legislation is to allow an activity to happen or prevent/prohibit an activity from happening • eg. banning of cattle grazing in Alpine national park • • A change of government may lead to a change in laws (As above)

Effectiveness of Legislation u Advantage: Provides for a quick, clear decision u Disadvantage: often results in one interest group getting what they want while others may remain opposed to the law and fight against it u Creation of laws can lead to a win/lose resolution

Litigation • • Involves groups using the court system when existing laws relating to conflict over use of a natural environment are unclear Courts are used to stop the activity until clarification or interpretation of the law is achieved Used when one law contradicts another (many laws relating to land ownership land use and environmental protection) eg. High Court ruling on Mabo and Franklin River, Native Title cases

Effectiveness of Litigation • Results in a clear decision but the process can be long and prohibitively costly • Produces a win/lose situation • After a decision is made a gov’t can also change the law in order to overturn a decision = creates continuing uncertainty

Police action • Used when a clear decision is made in regard to a conflict, with the decision supported by laws. (eg. Franklin River trespass laws) • • Although laws may support the decision, they may not be respected by some interest groups who may continue to undertake direct action (eg logging blockades). Police are ordered in to take action to enforce laws

Police Action Pics

Effectiveness of Police Action • It ensures by-laws and legislation are upheld • Often expensive Can create physical confrontation and can lead to individuals getting injured •

Arbitration (appeal): • taking decisions to a third party to help resolve conflict

Management plans • Management plans are written and applied by statutory authority and regulations are supported by law (eg. National Park management plans required under National Parks Act) • • • Often include ZONING of areas to manage visitor activity and protect natural and cultural values. Can be an effective process as it allows for the needs of a range of user groups People not following regulations can be prosecuted

Setting up a consultative group • Group can include: • decision makers and representatives of all interest groups • may also include individuals who may have expert knowledge • Purpose is to gather accurate information/data and can lead to group providing recommendations about use of environment

Setting up a consultative group • • • Promotes possibility of compromise Can lead to win/win situation Can take long periods of time May be expensive May result in no agreement

Community consultation • • • call for and consider submissions from interest groups relating to use of an environment or development of management plans produce draft recommendations and invite public comment again produce final recommendations for decision makers (ECC, VEAC)

Environmental Effects studies • Studies can be carried out and reports compiled to determine the environmental effects of activities: • Environmental Impacts Studies • Environmental Effects Statements • (eg. Bay dredging, Otways Forest Logging, Alpine Park Grazing)

Community education • • Producing materials to increase public awareness or knowledge/understanding of issues relating to land use or conflict eg. Minimal Impact Code brochures

Use of international agreements • Nominate area for World Heritage listing • SW Tasmania (successful) • Wilson’s Promontory N. P (unsuccessful) • Alpine National Park • Use international obligations to protect area: • World Heritage regulations to protect area (eg. Franklin Dam, Jabiluka) • RAMSAR Agreement