Process Followed in Decision Making

Martin Eriksson

Adapted from Black, Geary, Gough, Pleasants 2002

Why? Conflicts over the environment require a

formal decision making process to resolve the issue as best as possible.

Otherwise there could potentially be ongoing fighting between interest groups.

Who Makes the Decisions? Decision making usually occurs by the

Government (Federal, State, or Local). The level of Government is dependent on

the significance of the conflict and who will be affected.

Compromise Remember the Government wants to please

all the people so they will be voted in again in the next election.

Therefore a compromise is often the best solution. Can you think of one?

Types of Processes Formation of a consultative group - VEAC Creation of laws - Legislation Court ruling Police Action to enforce existing laws Management plans - zoning

Formation of Consultative Group To be a correct decision making process a

Consultative group must be formed by the decision makers. (ie. Gov’t such as VEAC

They are a way of collecting all the information and arguments about the issue.

They may include representatives of interest groups and experts with specialist knowledge.

Idea is to come up with a compromise so all are happy.

May be time consuming, expensive and result in no agreement.

Marine National Parks The resolution of this issue required 10

years of Consultation by the Environment Conservation Council (ECC [now VEAC]).

Involved significant consultation with community members, and interest groups.

Gov’t introduced MNP but did make changes to the number of parks and the boundaries as a result of Consultation.

Creation of Laws - Legislation Laws made by a level of Government allow some

activities to occur within an environment while others may not.

When an issue arises the existing laws may be reconsidered (or new ones made) if arguments given by an individual or interest group are strong enough.

Advantage of this is that it will be swift and clear cut.

Disadvantage is that it will likely exclude an interest group. (ie. Win/Lose)

Mt. McKay Mt. McKay is part of the Alpine National Park. (you

may have seen it) In 1999 the Liberal Government allowed Mt. McKay

to become part of the Falls Creek Alpine Resort. This meant Falls Creek could develop this area with

tree clearing and lifts etc. Later in that year the Labour Government was

elected. They introduced new law to return this land back to

the National Park.

Court Ruling Used when existing laws are unclear Court is used to clarify or interpret the laws Clear cut decision which may exclude one

group. Win/lose situation. Can be very expensive and time consuming After court has made decision,

Government may change the law. Think of an issue resolved this way?

Franklin River Hawke was elected Prime Minister and made

efforts to stop the dam. Federal Gov’t (Hawke) made a new law that Fed

Gov’t is responsible for WHA - instructed the Tasmanian Gov’t to stop damming.

They refused and continued. Went to a High Court Ruling – Federal Gov’t

won and damming stopped.

Police Action on Existing Laws Simply to enforce the laws existing. Used when law is not respected by

individuals or interest groups. Eg. Franklin River dispute before it was

resolved. Environmentalists formed blockades. Police were required to break it up and arrest people.

Management Plans Written and organised by the management

authority (Parks Vic, Falls Creek Resort Management)

Regulations are the law and people may be fined or prosecuted.

Zoning regulations may be established in these plans

Quick Activity Without books etc. – explain each of the 5

types of processes. Give positives and negative for each of

them