Decentralization in Environmental Compliance and Enforcement in Asia

Introduction By Dr. Benoit Laplante

Asian Environmental Compliance and Enforcement Network

AECEN Annual ConferenceNovember 25, 2008

Introductory remarks

• A common approach to pollution control in South East Asia includes the following:

• A national government adopts national pollution control regulations (such as regulatory standards or pollution fees);

• Implementation of the regulations is then left to sub- national levels of governmental agencies (province or state or municipal).

Common approach:

Introductory remarks

• The pollution control regulations often apply equally to all sub-national levels of government throughout the country despite the fact that different regions of the country experience different environmental, social, and economic conditions (e.g. same standards or same fees).

Issues include:

In theory, we would prefer that standards be more stringent or pollution fees be higher in areas of the country where pollution discharges may create more damages.

Introductory remarks

Issues include:

• Similarly, the design of the pollution control regulations does not necessarily account for the fact that the capacity of local environmental agencies (resources, knowledge, budget) typically vary considerably across the country.

Introductory remarks

Hence, the approach is:

• Uniform pollution control regulations which in principle should not be uniform, and which in practice cannot be implemented in a uniform manner throughout the country.

What is then the outcome?

In addition:

• Sub-national levels of pollution control agencies (or departments or bureaus) typically do not have enough resources to implement fully the requirements of the pollution control regulations.

Yuan/Ton .00 to .05 .05 to .10 .10 to .15 .15 to .30 Missing

Miles

5000Uniform levy per unit of wastewater discharge in mid 1990s

Take the example of China

Yuan/Ton .00 to .05 .05 to .10 .10 to .15 .15 to .30 Missing

Miles

5000

Take the example of China

A pollution levy which in theory is uniform for the entire country in fact is not implemented uniformly by local EPBs.

Introductory remarks

The outcome appears to be:

• Uniform national pollution control regulations are not implemented in a uniform manner.• Local environmental agencies or departments have to prioritize the implementation of regulations and they do so by targeting pollution sources more likely to create large environmental damages.

Questions for discussion

• Under what circumstances decentralization is more likely to be effective?

• What type of mechanism should be in place for the national environmental agency to monitor effectively the implementation of pollution control regulations by local agencies or departments?

• What are the training needs of the local environmental agencies or departments to increase their capacity to implement national pollution control regulations?

Question 1:

Question 2:

Question 3: