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The function of property in creating an effective legal regime for trade in environmental offsets

Maguire, Rowena (2009) The function of property in creating an effective legal regime for trade in environmental offsets. In New Zealand Centre for Environmental Law Conference 2009, 16-18 April 2009, University of Auckland.

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Abstract

Market-based environmental regulation is becoming increasingly common within international and national frameworks. Environmental offset and trading regimes are part of the market-based instrument revolution. This paper proposes that environmental market mechanisms could be used to introduce an ethic of land holder responsibility. In order for market based regimes to attract sufficient levels of stakeholder engagement, participants within such scheme require an incentive to participate and furthermore need to feel a sense of security about investing in such processes. A sense of security is often associated with property based interests. This paper explores the property related issues connected with environmental offset and trading scheme initiatives. Relevant property-related considerations include land tenure considerations, public versus private management of land choices, characteristics and powers associated with property interests, theories defining property and the recognition of legal proprietal interests. The Biodiversity Banking Scheme in New South Wales is then examined as a case study followed by a critique on the role of environmental markets.

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ID Code: 26088
Item Type: Conference Paper
Keywords: Property Rights, Land tenure, Environment, Biodiversity Banking Scheme New South Wales, Landholder obligations
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Environmental and Natural Resources Law (180111)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Past > Institutes > Institute for Sustainable Resources
Current > Schools > School of Law
Copyright Owner: Copyright 2009 please contact the author
Deposited On: 03 Jul 2009 16:01
Last Modified: 22 May 2013 07:50

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