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Module 1: Building a Legal Foundation for Good Water Governance . Discussion. What water protection and management issues are you facing?. Good Governance is Essential for Sustainable Development. - PowerPoint PPT Presentation
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Module 1:Module 1:Building a Legal Foundation Building a Legal Foundation for Good Water Governance for Good Water Governance
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DiscussionDiscussion
What water protection and What water protection and management issues management issues
are you facing?are you facing?
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Good Governance is Essential for Good Governance is Essential for Sustainable DevelopmentSustainable Development
At the domestic level, sound environmental, social, At the domestic level, sound environmental, social, and economic policies, democratic institutions and economic policies, democratic institutions
responsive to the needs of the people, the rule of responsive to the needs of the people, the rule of law, anti-corruption measures, gender equality, and law, anti-corruption measures, gender equality, and
an enabling environment for investment are the an enabling environment for investment are the basis for sustainable development.basis for sustainable development.
Johannesburg Plan of Implementation, Para. 4Johannesburg Plan of Implementation, Para. 4
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Good Water Governance is Essential Good Water Governance is Essential for Sustainable Water Resources for Sustainable Water Resources Development and ManagementDevelopment and Management
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Implementing Environmental Policy Implementing Environmental Policy through Legal Requirementsthrough Legal Requirements
Mont-Orford National Park, Quebec. Source: Bodin, Marie-Aude/UNESCO.
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Drivers for Environmental GoalsDrivers for Environmental Goals
Public HealthPublic Health Environmental QualityEnvironmental Quality Conservation of Natural ResourcesConservation of Natural Resources Economics Economics Sustainable Development Goals, including Sustainable Development Goals, including
Poverty Reduction and Gender EquityPoverty Reduction and Gender Equity
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Mandates for Environmental ProtectionMandates for Environmental Protection
Constitution Constitution Legislation and Sub-legislationLegislation and Sub-legislation Judicial DecisionsJudicial Decisions TreatiesTreaties Public DemandPublic Demand Enforceable SettlementsEnforceable Settlements
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Sources of Environmental Sources of Environmental RequirementsRequirements
Laws & Statutes
Legislative
Rules, Regs, & Binding Instruments
Executive
Judicial Decisions
Judicial
Constitution
International Treaties International Treaties and Non-binding and Non-binding
DeclarationsDeclarationsPermits and Permits and Licenses Licenses
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Cascading the RequirementsCascading the Requirements
National StandardsNational Standards
Provincial or Local Provincial or Local StandardsStandards
Facility-specific Application Facility-specific Application via Permits/Licenses via Permits/Licenses
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Responses to Water Management Responses to Water Management Issues: Behavioral Change Issues: Behavioral Change
Drivers of behaviorDrivers of behavior Economic incentives Economic incentives Social normsSocial norms
Strategies to bring about behavioral changeStrategies to bring about behavioral change Public education and awareness raisingPublic education and awareness raising Compliance assistanceCompliance assistance Enforcement / DeterrenceEnforcement / Deterrence
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Methods for Achieving Methods for Achieving Environmental GoalsEnvironmental Goals
Aerial view of the Brazilian Amazon. Source: UNESCO; Luis Alberto.
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Communication StrategiesCommunication Strategies
Environmental Impact AssessmentEnvironmental Impact Assessment Introduces possible alternatives for considerationIntroduces possible alternatives for consideration Raises awareness among public and responsible officialsRaises awareness among public and responsible officials Works best with meaningful public participationWorks best with meaningful public participation
Community Right-to-Know Community Right-to-Know Empowers communities by providing knowledgeEmpowers communities by providing knowledge Provides information to public watchdogsProvides information to public watchdogs Enables better targeting of enforcement actionsEnables better targeting of enforcement actions
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Incentive StrategiesIncentive Strategies
Measures aimed at motivating action toward environmental Measures aimed at motivating action toward environmental goals by harnessing economic, social, and other drivers of goals by harnessing economic, social, and other drivers of behavior.behavior.
Tax IncentivesTax Incentives Subsidies or other Financial SupportSubsidies or other Financial Support Recognition/Awards for Meeting Higher StandardsRecognition/Awards for Meeting Higher Standards
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Market-Based ApproachesMarket-Based Approaches Effluent Trading – market-based mechanism for water pollution controlEffluent Trading – market-based mechanism for water pollution control
Firms with lower control costs reduce effluent more and are able to sell Firms with lower control costs reduce effluent more and are able to sell effluent credits to firms with higher control costs within the same river basineffluent credits to firms with higher control costs within the same river basin
E.g.E.g.: Australia Salinity Trading Program: Australia Salinity Trading Program
Benefits of using a market-based approachBenefits of using a market-based approach Brings economic forces to bear on environmental protection effortsBrings economic forces to bear on environmental protection efforts Provides greater flexibility to industry to achieve environmental goalsProvides greater flexibility to industry to achieve environmental goals Generates continual incentive to reduce pollutionGenerates continual incentive to reduce pollution Potentially requires fewer regulatory resources Potentially requires fewer regulatory resources
Enforcement is required to provide confidence in the marketEnforcement is required to provide confidence in the market
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DiscussionDiscussion
Types of StandardsTypes of Standards
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Defining Defining WhatWhat, , WhereWhere, & , & WhenWhen::Environmental StandardsEnvironmental Standards
Ambient StandardsAmbient Standards Set goals for the quality of a water body (or bodies)Set goals for the quality of a water body (or bodies) Arsenic concentrations in any protected water body shall not exceed 50 Arsenic concentrations in any protected water body shall not exceed 50
ppbppb
Performance StandardsPerformance Standards Limit the rate or amount of discharges that a facility can release into the Limit the rate or amount of discharges that a facility can release into the
environmentenvironment No facility shall discharge effluent containing arsenic in concentrations greater No facility shall discharge effluent containing arsenic in concentrations greater
than 50 ppbthan 50 ppb
Technology StandardsTechnology Standards Require the regulated community to use a particular type of technology Require the regulated community to use a particular type of technology Farms with more than 100 livestock must have runoff holding pondsFarms with more than 100 livestock must have runoff holding ponds
Practice StandardsPractice Standards Require or prohibit certain activitiesRequire or prohibit certain activities Aerial spraying shall be conducted at a distance not less than 300 meters from Aerial spraying shall be conducted at a distance not less than 300 meters from
any protected water sourceany protected water source
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Discussion: Discussion: Is This An Enforceable Requirement?Is This An Enforceable Requirement?
““No facility shall discharge too much No facility shall discharge too much pollution into the rivers.”pollution into the rivers.”
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Elements of Enforceable Elements of Enforceable RequirementsRequirements
Who:Who: Who does the requirement cover? (e.g. owners or operators of a Who does the requirement cover? (e.g. owners or operators of a
facility)facility) What:What:
What can’t they do? What must they do? (e.g. shall not What can’t they do? What must they do? (e.g. shall not discharge more than a certain amount of a pollutant)discharge more than a certain amount of a pollutant)
Where:Where: Specific locations where regulations apply (e.g. to protected Specific locations where regulations apply (e.g. to protected
waters)waters) When:When:
Give any temporal restrictions or exceptions (e.g. except at start-Give any temporal restrictions or exceptions (e.g. except at start-up or shut-down)up or shut-down)
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Sample RequirementSample Requirement
The owner or operator of a The owner or operator of a registered sewage treatment plant registered sewage treatment plant
shall not discharge more than 90 mg/l of shall not discharge more than 90 mg/l of suspended solids suspended solids
to a protected waterto a protected water from its permitted discharge pipe from its permitted discharge pipe
except during cleaning of the surge tank.except during cleaning of the surge tank.
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Other Things to Consider:Other Things to Consider:Developing Enforceable LanguageDeveloping Enforceable Language
To ensure that the requirement has taken all To ensure that the requirement has taken all appropriate factors into account:appropriate factors into account:
Engage the regulated communityEngage the regulated community Ensure public participation through comment Ensure public participation through comment periodsperiods Compare with similar requirements in other Compare with similar requirements in other contexts or countriescontexts or countries
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Other Things to Consider:Other Things to Consider:Beyond Enforceable LanguageBeyond Enforceable Language
Well-written standards are enforceable, but that Well-written standards are enforceable, but that does not necessarily mean they will be enforceddoes not necessarily mean they will be enforced
Factors:Factors: CostCost Technical & human resourcesTechnical & human resources Feasibility for the regulated communityFeasibility for the regulated community Political will Political will Lack of public attention to issueLack of public attention to issue
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Other Things to Consider: Other Things to Consider: Environmental Impact AssessmentEnvironmental Impact Assessment
EIAs can be used as an information toolEIAs can be used as an information tool
EIAs may provide guidance when setting site-EIAs may provide guidance when setting site-specific standardsspecific standards
EIAs may be used as or become an enforceable EIAs may be used as or become an enforceable requirementrequirement
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Other Things to Consider:Other Things to Consider:Cross-Issue ConnectionsCross-Issue Connections
Consider the impact of water regulation on all Consider the impact of water regulation on all sectorssectors e.g., a water distribution plan affects forestry, mining, e.g., a water distribution plan affects forestry, mining,
agriculture, and other land usesagriculture, and other land uses
Consider regulating other issues that may Consider regulating other issues that may indirectly affect water qualityindirectly affect water quality e.g., Large-scale construction projects may dramatically e.g., Large-scale construction projects may dramatically
increase sedimentation, leading to decreases in water increase sedimentation, leading to decreases in water qualityquality
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ExerciseExercise
Writing the RequirementWriting the Requirement
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Coming Up NextComing Up Next
Module 1:Module 1: Building a Legal Foundation for Good Water Building a Legal Foundation for Good Water GovernanceGovernance
Module 2:Module 2: Promoting Compliance with Environmental Promoting Compliance with Environmental LawsLaws
Module 3:Module 3: Responding to Violations of Environmental Responding to Violations of Environmental LawsLaws
Module 4:Module 4: Designing Performance Indicators for Designing Performance Indicators for Environmental Compliance and Enforcement ProgramsEnvironmental Compliance and Enforcement Programs