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Cameron Holley and Darren Sinclair

Abstract All regulators must confront the question as to how best to achieve compliance and enforcement within their resource constraints. This challenge comprises four issues, namely the where, how, who and why of regulatory enforcement. First is where to allocate regulatory resources? In most circumstances, agencies will not be able to inspect and target all regulated firms or sites due to limited resources. As such, regulators inevitably have to make a choice between potential inspection targets, and about the frequency and length of inspections. The second question confronting regulators is how to intervene in the affairs of regulated firms in instances of non-compliance? This encompasses both the range and nature of enforcement tools available to inspectors, and the way in which those tools are employed (or not) individually, in combination or sequentially. It is the interplay of the available tools and their application that determine an agency’s regulatory enforcement strategy. Two subsidiary issues are who should intervene (government or other parties beyond government regulators that are willing and able to assume a surrogate enforcement role) and why they should intervene (eg is the enforcement action rationale for education, retribution or deterrence purposes). This chapter explores the where, how, who and why of five key regulatory enforcement strategies. It also highlights how context influences the application of these strategies, particularly relating to inspection, targeting and escalation.
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Cameron Holley and Andrew Lawson

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Cameron Holley and Ekaterina Sofronova

This chapter critically examines the new environmental governance, a novel innovation in legal thinking and practice that offers a pathway for operationalising resilience. New governance relies heavily upon participatory dialogue and deliberation, flexibility, inclusiveness, multi-level and integrated approaches, knowledge generation and processes of learning and adaptation. These features enable new governance to addresses many of the critical challenges demanded by resilience theory, because it explicitly seeks to allow different scopes of risk to be managed at different levels and engages a larger number of actors to facilitate experimentation and learning in the face of uncertainty. This chapter highlights the contours of the new environmental governance, its growth as a new form of legal jurisprudence, its relationship to broader resilience thinking and its position as an approach that can administer and operationalise resilience. The advantages of new governance and its limits for adaptively managing change in social and ecological systems are examined in detail. The analysis reveals that although new governance holds significant promise, it has often struggled to fulfil its adaptive and flexible aspirations and overcome barriers of unequal power and resources. It concludes by setting out emerging issues for understanding and reforming new environmental governance and its approach to managing resilience.

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Edited by Ed Couzens, Tim Stephens, Manuel Solis, Saiful Karim and Cameron Holley

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Edited by Ed Couzens, Tim Stephens, Saiful Karim, Cameron Holley and Kate Owens

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Edited by Ed Couzens, Tim Stephens, Evan Hamman, Cameron Holley, Saiful Karim, Kate Owens and Manuel Solis