| 
   
    Byron,
   N., Dwyer, G., and Peterson, D. 
   Productivity
   Commission, Melbourne
   
    
   
    
     
    
    
   Key
   Points 
   
    - 
     
Clarify
     the environmental problem and policy objectives.  
    - 
     
Markets
     can be powerful tools to address environmental problems.  
    - 
     
Understand
     why markets may be absent — there can be solutions.  
    - 
     
Make
     policy catalytic — harness the private sector.  
    - 
     
Improve
     public sector efficiency.  
    - 
     
Establish
     who should pay for environmental problems.  
    
   
    
     
    
    
   1         
   Clarify the ‘environmental problem’ and policy objectives
   We often
   hear there is an environmental problem. But what precisely is it? What
   exactly are we trying to fix or prevent? What environmental outcomes do we
   want? What are the benefits and costs of alternative action? These may seem
   very simple questions but they are very fundamental for governments designing
   environmental policy. 
   Environmental
   pressures associated with natural resource-based production systems in
   Australia include: salinisation of land and water; acidification of soil;
   soil erosion and deterioration of soil structure; spread of weeds;
   eutrophication of streams and lakes; and loss of biodiversity. Taken
   together, they are usually seen as systemic — as ‘Australia’s
   environmental problem’. 
   In
   economic terms, the natural environment has three main (inter-related) roles: 
   
    - 
     
 it
     provides raw materials for production processes: air water, minerals
     timber;  
    - 
     
it is a
     receptacle for wastes generated by businesses and households; and  
    - 
     
it
     provides amenities and aesthetic values – scenery, wildlife, etc.  
    
   The
   environment differs from other parts of the economy, in that: 
   
    - 
     
biological
     resources can be renewable, but if over-harvested they can be wiped out;  
    - 
     
if
     waste assimilation capacity is over-used, it can be permanently damaged
     (thus there are serious thresh-holds and discontinuities in their supply);
     and  
    - 
     
some
     resources (such as forests and lakes) can provide all three functions.  
    
   From an
   economic perspective, systemic environmental problems are broader than simply
   the direct costs of the degradation of natural resources. They also include
   reductions in society’s net welfare from inefficient use (including
   non use) of natural resources. Efficient and effective environmental
   policy should be based on good science and
   good economics. Unfortunately, because of the complex and often
   poorly-understood biophysical relationships involved, an accurate assessment
   of public and private benefits and costs of any actions, or of inaction, is
   very difficult. Policy design when there are large information gaps or
   constraints, is a huge challenge for governments. 
   If we
   consider any man-made system, such as a factory, mill or power-station, we
   know exactly where the inputs go in and the outputs (good and bad) come out;
   we can measure them, we know how much extra pollution there will be if we use
   an extra tonne of some input, or if we increase output by some percentage.
   But for natural systems, we have amazing ignorance about where and when the
   outflows (borne by air or water) will appear, and what nasty surprises they
   might contain. 
   Often,
   our simple models of environmental systems assume that if we change land-use
   practices in one place, the environmental consequences will show up nearby,
   almost immediately. In fact, it may take hundreds of years before the effects
   appear, and they may appear hundreds of miles away. This also means that
   often apparent ‘ecological crises which demand urgent action’ are the
   result of something that happened decades or centuries before, and either
   cannot be fixed, or don’t need to be fixed, now. 
   Systemic
   environmental problems are unlikely to be solved by ad hoc and piecemeal
   policies that do not address their underlying drivers. While individual case
   by case on ground works may address localised environmental impacts they will
   not address the root causes of an underlying, more pervasive, malady. 
   Complex
   environmental problems are likely to require a mix of policy tools including:
   carefully designed regulation; voluntary codes of conduct; suasive
   approaches, such as public awareness and attitudinal change campaigns; taxes;
   subsidies; and sometimes, markets. The focus of this paper is on markets —
   just one aspect of an environmental tool box — how the energy and
   initiative of the private sector can be harnessed and how governments can be
   catalytic by ensuring appropriate institutional settings are in place for
   efficient and effective environmental markets to emerge. 
   How
   have governments responded? 
   Historically,
   governments have directly provided environmental ‘goods’ (water
   catchments, parks and outdoor recreation areas) and regulated private sector
   activities to curtail environmental ‘bads’. 
   Growing
   recognition of environmental problems has seen Australia committing large,
   and increasing, amounts of public resources to the objective of improving the
   environment particularly through natural resource management. For example,
   the Murray Darling Basin Council has adopted a program of salinity
   interception schemes worth $60 million over 7 years, complementing the $1.4
   billion National Action Plan for Salinity and Water Quality (Truss,
   2001). 
   But high
   levels of public expenditure are not necessarily a good indicator that
   systemic environmental problems are being, or will be, adequately addressed.
   The mere existence of public benefits from a conservation activity is a
   necessary but not sufficient condition for that activity being undertaken by
   the public sector. For example, even if most of the benefits of a particular
   activity go to others, it still pays someone to undertake the activity if
   their private gains are greater than the private costs. Government
   involvement may ‘crowd out’ private sector initiatives. The key criteria
   for intervention by governments should be whether or not an improvement in
   social wellbeing results from that intervention. Any assessment should
   consider the problems that might arise from government actions as well as the
   potential benefits. 
   Recently,
   various proposals have emerged for leveraging more private sector resources
   to address environmental problems (e.g. Allen
   Consulting 2001). While the desire to engage the private sector is
   laudable, care is needed to ensure this is not translated into policy-induced
   market distortions and perverse incentives that lower net welfare. Well
   designed and functioning markets for environmental goods and services avoid
   such problems, since they can: 
   
    - 
     
harness
     the initiative and innovative capacity of the private sector;  
    - 
     
alleviate
     some of the burden on the public sector and enable more remediation to
     occur; and  
    - 
     
 address
     the underlying drivers of environmental problems.  
    
   The
   role of economics 
   Economics
   can provide insights into why environmental problems occur, how they might be
   solved and indeed whether it is worth solving them. At its broadest level,
   economics is a framework to help in balancing unlimited wants and scarce
   resources. The ‘environment movement’ has done economists a service by
   highlighting that the environment is a scarce and valuable resource and in
   order to maximise society’s welfare, care is required in using it. 
   Clearly
   there are benefits and costs associated with the use and non use of the
   environment. Importantly, scarcity inevitably results in opportunity costs
   — the value of the net benefit of available alternatives foregone. We need
   to remember that environmental resources are not ‘free’ when they could
   be put to alternative uses. The problem of opportunity costs is complex and
   widespread in environmental management. According to Bardsley
   et al. (2001, p.35). it is a common thread
   in the major public policy issues associated with the use and degradation of
   natural resources: 
   
    
    
     
      | Farming
       land today has an associated opportunity cost in terms of viability of
       that land in the future. There is much debate on the monetisation of
       these costs as they require some weighting of current versus future use
       (in economic parlance there is no agreement on an appropriate discount
       rate). Similarly farming land may entail some loss of biodiversity and
       this requires some method for evaluating the implicit cost. Finally,
       transboundary concerns highlight the fact that the opportunity cost of
       degradation need not be internalised by nations let alone firms. | 
      
     
    
    
   This is
   not to say that all market based solutions will necessarily achieve policy
   objectives — markets may ‘fail’ to function according to economic
   ideals. Nevertheless, even imperfect markets for environmental services may
   yield better net outcomes than no action or a fully regulated approach. 
   Consequently,
   a forward-looking approach is needed, one where the expected total benefits
   and total costs of alternative initiatives are assessed and action occurs
   where economic benefits exceed the economic costs (including hard-to-value
   effects like cleaner water and conservation of biodiversity). Environmental
   managers should use a policy approach that is conducive to weighing the
   merits of an extra dollar for conservation against an extra dollar for
   competing social demands — such as for health, education, transport and
   welfare. Of course society must also balance non-economic considerations and
   monitor the trade-offs between non-economic objectives and economic
   objectives. 
   Environmental
   choices usually have a time dimension and this has important economic
   implications for governments considering the benefits and costs of
   alternative policy options. Since a dollar today is worth more than a dollar
   tomorrow, how do we choose between options with outcomes in different time
   periods? How do we ‘discount’ over long time frames? For example, high
   discount rates will weight policy choice toward reaping benefits today rather
   than later, and will also ‘bias’ decision making towards activities with
   rather modest costs now, compared with activities with huge costs much later. 
   There is
   on-going debate on the choice of discount rates (box 1). Nevertheless it is
   helpful to separate rudimentary cost-benefit analysis for relatively short
   horizon environmental projects from the intergenerational equity issues
   associated with extremely long time horizons. How (or whether) to discount
   the welfare of future generations
   and how much capital stock should be passed onto future generations are
   important questions for governments. 
   Ecologically
   Sustainable Development principles suggest the total stock of assets
   (including natural capital) passed on to future generations should be at
   least as great as that inherited (PC
   1999, p.8). Markets and market principles can be used to help
   determine the values we place on natural capital, but ensuring a sufficient stock of natural capital for future generations is a
   problem for society to address more broadly through the democratic process.
   Economists can aid the decision making by providing information on risks and
   limitations of any government intervention as
   well as addressing the absence of markets that make valuing natural
   assets difficult. 
   
    
     | 
       Box
      1            
      Discount rates 
      | 
     
    
     | 
       Economists have identified (highlighted by
      Stiglitz 2000) two approaches to the discount problem (which in some
      circumstances can yield the same result):
      
       
      ·      
      social rate of time preference — based on the degree to which
      individuals trade off decreases in current consumption with rises in
      future consumption — the consumers’ borrowing rate; and
      
       
      ·      
      opportunity costs — using the rate of return on alternative
      investments — the producers’ borrowing rate.
      
       
      Various factors complicate the discounting
      question. First, there may be divergences in the discount rates between
      individuals and society — individuals may not consider the implications
      of their choices on future generations and free ride thinking that other
      individuals will instead take future generations into account. Second, it
      is not uncommon for the outcomes of environmental action to have an
      indefinite time dimension — for example consider the time dimensions of
      how greenhouse emissions reductions may affect climates.
      
       
      | 
     
    
     | 
        
      
       
      | 
     
    
     | 
        
      
       
      | 
     
    
   Finally,
   in assessing benefits and costs of environmental action it is important to
   consider the human dimension of any policy choices. Where reform is likely to
   improve the net welfare of the community but also result in significant
   transitional costs, it is appropriate for governments to consider reducing
   these adjustment costs and how this might be best achieved. 
   2         
   Economic insights into environmental problems
   An
   important insight of economics is that markets can be powerful tools that can
   be harnessed to achieve better environmental outcomes. The information
   generated by markets can enable society to improve its well being. Why is
   this so and what are the limitations of markets associated with natural
   resources? What can be done when markets do not exist? 
   To
   understand these questions it is useful to think of the natural ecosystems as
   potentially providing both goods and
   services (see Daily et al. 1997).
   Ecosystem goods are goods that can be harvested from natural ecosystems such
   as food, fibre, timber and biomass. In contrast, ecosystem services are the
   functions performed by ecosystems that lead to desirable environmental
   outcomes, e.g. air and water purification, drought and flood mitigation, and
   stabilisation of climate. 
   Well
   functioning markets enable exchange of goods and services and this is no
   different for natural resources. Markets for ecosystem goods are easily
   observed in commodity markets that deliver food and many of our clothing and
   shelter needs. The information exchanges that occur in the marketplace are
   critical to the success of markets (see box 2). 
   While
   there are markets for many ecosystems goods, there are very few effective
   markets for ecosystems services (Daily
   et al. 1997b). The lack of markets reduces information the
   available to decision makers to make appropriate resource use decisions and
   this can reduce the overall wellbeing of society. 
   The
   challenge for environmental managers is understanding why markets may not
   exist for aspects of the environment and what, if anything, might be done to
   facilitate them. Broad based and well designed economic instruments should be
   at the fore of an environmental managers’ policy toolkit. In particular,
   they should be directed to getting the price and value of environmental
   services right — so that they reflect the true marginal social value of the
   service. Ideally, the policy objective should be to position environment
   resources including environmental services as an integral part of the
   mainstream conventional economy. 
   
    
     | 
       Box
      2            
      Market signals 
      | 
     
    
     | 
       During
      this exchange, information is revealed to buyers and sellers that can aid
      decision making. In the case of markets for environmental goods and
      services if the markets operate well, the price can reflect the value
      society places on the good or service. Prices reflect the scarcity of
      goods and services as well as the preferences of buyers and sellers. The
      higher the price the higher the implicit value to society.
      
       
      Market
      negotiation provides signals and information to buyers and sellers. As
      sellers negotiate a price at which a good is sold they reveal information
      about the cost of producing an extra unit of the product. Similarly, as
      consumers negotiate a purchase price they reveal information about the
      value they enjoy from consuming an extra unit of product. 
      (Whitten and Bennett 2001, p.3)
      
       
      In
      a competitive market, the market value usually reflects the net social
      value of a good or service. A well functioning market also generates
      information and incentives more cheaply than a planned economy (Wills
      1997). Both government-planned economies and market economies have
      limitations, but markets are consistently more efficient.
      
       
      | 
     
    
     | 
        
      
       
      | 
     
    
     | 
        
      
       
      | 
     
    
   Identifying the causes of
   the environmental problem
   The
   solution of environmental problems lies in understanding clearly their
   underlying causes. Edwards and Byron
   (2001) identify three economic factors that commonly explain much
   of the environmental damage to Australia’s natural resource-based economy:
   lack of knowledge; government policies that have affected incentives faced by
   landholders; and the absence of markets. 
   Lack of knowledge
   Settlers
   found the Australia landscape very different from Europe. Soils were dry and
   infertile and the summers long, hot and dry (Barr
   and Cary 1992, p.1). Australians have not had long to learn the
   relationships between the activities of man and the condition of the soil,
   water, vegetation and fauna (especially given the long lead-times that
   sometimes occur between human action and nature’s response). 
   New
   information will continue to be important to address knowledge and attitude
   shortcomings of both landholders and society more broadly. This will aid
   their understanding of the Australian landscape and its responses to natural
   and human induced change. In terms of policy design, this suggests important
   roles for research and development, education and extension. 
   There are
   opportunities here for private natural resource managers. For example, some
   private conservation businesses are already generating a portion of their
   income from selling the research skills and management expertise they have
   developed. It is likely there will be increasing demand for private extension
   services that advise on conservation management issues. 
   Government policies
   Some
   policies have made it rational to behave in ways that could damage the
   environment. For example some agricultural policies (such as tax incentives
   for land clearing; fertiliser subsidies; irrigator subsidies; product price
   supports; drought assistance; and pastoral leases conditions) have encouraged
   intensive and at times environmentally damaging forms of primary production.
   Similarly, trade protection policies, such as tariffs, have sheltered
   inefficient manufacturing technologies and industries, usually at high
   environmental cost. Moreover, other policies have also acted to constrain
   markets from possibly addressing environmental problems 
   In terms
   of agricultural protection, it is also arguable that declining levels of
   protection has lead some managers to consider alternative landuse systems.
   Declining farm support has probably increased the conservation focus of some
   landholders in marginal rangelands — with some seeking to supplement farm
   income with revenues from conservation activities such as ecotourism related
   farmstays and native flora production. 
   Examples
   also continue to emerge of large properties being bought by conservation
   initiatives with the sole focus of undertaking conservation activities on the
   holding — Birds Australia have purchased Gluepot Station in South Australia
   and Newhaven in Northern Territory; the Australian Bush Heritage Trust have
   purchased Carnarvon Station in Central Queensland. 
   Haszler
   and Hone (2001, p.39) note that the retirement of land is one way
   of promoting biodiversity conservation in agricultural areas. The effects of
   land retirement for small and isolated rural communities that have previously
   relied on pastoralism should be considered. Changing landuse systems can have
   adjustment implications and this issue needs to be understood by landholders
   and governments. Nevertheless, the opportunity costs of lost rural production
   for some rural industries should not be overstated. For example, withdrawing
   some marginal wool country from production could have positive price effects
   for the remaining Australian wool producers (see Haszler
   and Hone 2001). 
   Microeconomic
   reforms of the last two decades have gone a long way toward addressing many
   of the price distortions in agricultural commodity markets and manufacturing
   industries. However, there is still room for improvement in other policy
   areas, for example water markets, pastoral lease conditions and taxation
   arrangements. 
   Absent markets
   As noted
   earlier the absence of markets reduces the information available to resource
   managers and the community more broadly and can lead to undesirable
   environmental outcomes (box 3). Economics can help us understand why markets
   might be absent and how this might be overcome. 
   Even when
   the knowledge was available, land managers have sometimes had little
   financial incentive to consider the effects that their decisions have on
   others. This applies to decisions on water use that affect irrigation
   salinity, decisions on tree removal that impact on dryland salinity,
   decisions affecting the addition of nutrients to ground water and surface
   water, and decisions on control of weeds and animal pests. 
   Governments
   have usually taxed or regulated the actions of those responsible for imposing
   ‘bad’ environmental spillovers. Where the source and effect of the
   spillover are clear such as point source polluters of streams, remediating
   action is most likely to be successful. In some cases, science is only
   beginning to emerge to help us understand the biophysical relationships and
   consequently the causes of some spillovers. 
   
    
     | 
       Box
      3            
      Spillovers and public goods 
      | 
     
    
     | 
       Markets can fail to form or not operate
      efficiently because of spillovers and public goods. Externalities (or
      spillovers) arise whenever an individual or firm undertakes an action that
      has an effect on another individual or firm for which the latter does not
      pay or is not paid (Stiglitz 2000, p.215).
      
       
      So called ‘public goods’ occur for one
      or both of the following reasons: 
      
       
      ·      
      once a good is provided to one individual, it is provided to all — it
      is not possible to exclude people from consumption (ie it is ‘nonexcludable’);
      and 
      
       
      ·      
      consumption of the good by one individual does not reduce the benefits
      available to others (ie it is ‘nonrival’ in consumption (PC 2001)
      
       
      There is little incentive for an individual
      or firm to pay for consumption of a public good since it is possible to
      ‘free ride’ on its provision to others.
      
       
      | 
     
    
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      | 
     
    
   In some
   cases there has been little incentive for a free market to provide some
   environmental goods and services even if their provision would enhance
   overall social wellbeing. Historically, this has been common to goods and
   services associated with the environment. Governments have traditionally
   tried to address the ‘public good’ aspect of conservation through the
   direct provision of environmental goods and services. For example, in the
   past national and state parks and reserves were seen as the bastion against
   biodiversity loss. 
   Nevertheless,
   the nexus between public goods and government provision is blurring and this
   is creating opportunities for private sector conservation initiatives. This
   is because there is a growing recognition that many aspects of the
   environment traditionally considered to be public goods can be provided
   privately. Examples continue to emerge of highly organised private groups and
   individuals (such as Birds Australia and the Bush Heritage Trust) finding
   ways to provide what were previously considered public goods. 
   There are
   also a multitude of examples of local community groups working with councils
   and government authorities to provide more local environmental amenities. For
   example, near Maffra in East Gippsland, the local Landcare group has been
   working with the local council and catchment management authority to restore
   a section of the Macalister River to wilderness — bellbirds are beginning
   to return to what was once known locally as ‘Bellbird Corner’. 
   3         
   Understanding the absence of markets
   In many
   Australian environmental markets the small number of buyers and sellers and
   uncertainty over the nature of the service being provided are major hurdles
   to markets addressing environmental problems. While environmental awareness
   is growing and more people appear to be willing to pay for environmental
   services, in many markets the scarcity of buyers is constraining the growth
   of environmental businesses. 
   For
   example, Earth Sanctuaries Limited has noted the lower returns from its more
   isolated operations such as Scotia Sanctuary in Western New South Wales
   compared to its smaller more profitable Warrawong Sanctuary in the Adelaide
   hills. One of the challenges for private conservation initiatives seeking to
   market their services is educating and convincing the public of the mere
   existence and benefits of their service. 
   A related
   major hurdle is the fact that it is very costly bringing buyers and sellers
   together to establish a market (see box 4) — the high ‘transaction costs’
   of trying to tap into the latent but dispersed demand of Australian consumers
   and finding buyers for environmental services. 
   
    
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      | 
     
    
     | 
       Box
      4            
      Transaction costs 
      | 
     
    
     | 
       Markets are not costless. In fact, the
      costs of establishing a market can be so high that markets fail to form
      — the so called ‘transaction costs’ may exceed the expected gains
      from trade. Cost of exchange include:
      
       
      ·      
      potential buyers’ costs of identifying prospective sellers and
      sellers’ costs of identifying prospective buyers;
      
       
      ·      
      measurement of the quality and quantity of the asset being transferred;
      
       
      ·      
      revealing potential buyers’ willingness to pay and potential sellers’
      willingness to accept; and
      
       
      ·      
      specification of property rights and transfer of rights. Wills (1997,
      p.69)
      
       
      Information problems lie at the heart of
      transaction costs and many absent markets:
      
       
      Once
      this is understood there is the possibility of addressing the problem
      through the use of modern technology and clever institutional design. The
      basic reason asymmetric information destroys markets is that it is
      hazardous to do business with someone who has relevant but hidden
      information. The uninformed party is liable to be exploited and may be
      unwilling to participate. Bardsley et al. (2001, p.37)
      
       
      Policy solutions to environmental problems
      can address information failures. One of the advantages of markets is that
      they can help reveal information. However, the market based instrument
      needs to be designed carefully so this can occur. As will be noted later,
      where information asymmetries exist, the price mechanism associated with
      conventional markets might not be the most effective method for revealing
      preferences of participants — other techniques such as auctions and
      tendering may be more suitable
      
       
      | 
     
    
     | 
        
      
       
      | 
     
    
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      | 
     
    
   Many
   small private conservation businesses struggle to establish markets for their
   services simply because it is so costly to identify their potential clients
   and inform them of the product. Even where such costs could be low, other
   hurdles exist. An interesting example is the Calgar Springs Sanctuary located
   near Gosford on the Sydney-Newcastle freeway. Despite being on a major
   tourist route, red tape has prevented any sign on the freeway to inform
   potential visitors of its existence. 
   One
   innovative approach to the transaction cost problem has been to link the
   marketing and pricing of a good with a related environmental service. For
   example, Wetland Care Australia has developed a funding model for the
   restoration of wetlands. Producers of a local branded agricultural product
   are approached to donate a percentage of the sale price to a wetlands
   restoration project that can be linked to the product. In return, the
   producer is able to promote this positive environmental dimension of their
   product. 
   This
   model is working successfully for BRL Hardy Pty Ltd with their Banrock
   Station range of wines. Sales of these wines have risen with consumers
   demonstrating a willingness to pay for wetland restoration projects at the
   Banrock Station winery and other Wetland Care Australia sites. 
   The
   marketing strategy has proven so successful for BRL Hardy that they have
   expanded it to include their European and North American sales (personal
   communication, Professor Jeff Bennett, Australian National University, 22
   February 2002). 
   Another
   successful approach (also discussed later in this paper) to the transaction
   cost problem is auction and tendering. This has been useful where information
   failures and small numbers of buyers and sellers prevent effective markets
   from forming. ‘Prices’ emerge through a structured process of bids rather
   than the ‘invisible hand’ of conventional markets. A recent example has
   been the Victorian Government’s ‘Bushtender Scheme’. 
   Addressing
   complex transaction cost problems can be very resource intensive —
   particularly in terms of information and capital. In some cases, it seems
   that a ‘critical mass’ will be needed for some projects to be established
   and achieve success (e.g. consortiums of private individuals, groups and
   businesses). 
   The role of property
   rights
   A
   recurring theme of recent Productivity Commission research has been the
   importance of clear and effective property rights to emerging environmental
   initiatives. Clear and effective property rights are a foundation of any
   market or regulatory approach to biodiversity conservation (see box 5). 
   The
   emergence of markets for environmental services will be hampered where the
   rights and responsibilities of the private sector are unclear. If markets for
   conservation do not function well, there can be a role for governments to
   establish well-defined and enforceable property rights and thereby facilitate
   the emergence and operation of efficient markets. 
   While it
   is desirable for economic efficiency that rights and responsibilities be more
   clearly defined, this should only occur to the extent that it is feasible or
   cost effective to do so. Tightly specified rights can increase transactions
   costs just as surely as vaguely specified property rights can. 
   The
   challenge is to design property rights that are sufficiently defined for
   markets to form and yet sufficiently flexible to evolve over time in response
   to changing information and community preferences. 
   The
   efficiency with which a society meets the aspirations of its citizens will in
   the long-run depend largely on the adaptations made to property rights in
   response to technological developments, newly discovered relationships and
   community values. 
   Changes
   to property rights may occur through the common law or government
   legislation. Redefinition of property rights needs to be undertaken with care
   — any changes to property rights can give rise to questions of compensation
   or assistance. 
   
    
     | 
       Box
      5            
      Property rights 
      | 
     
    
     | 
       How producers and consumers use
      environmental resources depends on the property rights associated with
      those resources (Tietenberg 1992, p.45). Property rights comprise the
      bundle of ownership, use and entitlement rights that a user has over a
      particular resource, good or service and include any responsibilities that
      the user may have to others. They have to be seen as part of a system
      which includes the rules under which those rights and responsibilities are
      exercised (Bromley 1991). 
      
       
      Property rights may change over time with
      community expectations. An efficient property rights structure — the
      theoretical ideal — has four main characteristics:
      
       
      ·      
      universality — all resources are owned and all entitlements (rights
      over how they can be used) are completely specified;
      
       
      ·      
      exclusivity — all benefits and costs that result from owning and
      using the resource only accrue to the owner, either directly or indirectly
      by sale to others;
      
       
      ·      
      transferability — all property rights are transferable from one owner
      to another in a voluntary exchange; and
      
       
      ·      
      enforceability — property rights are secure from encroachment.
      
       
      In practice, these ideal attributes are
      seldom met, but markets can work reasonably well despite some
      deficiencies. It is when one or more of these characteristics is grossly
      violated that markets are absent or operate inefficiently. For example, if
      it is not possible to exclude users who do not pay for a good or service,
      it is unlikely to be provided by normal market (supply and demand)
      processes.
      
       
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   One
   approach to aid clarification could be through an appropriate ‘duty of care’
   (see PC 2001b). A
   legislated duty of care, in conjunction with voluntary codes of practice, can
   be more flexible and less prescriptive than many alternative approaches. It
   could complement other initiatives such as voluntary community action,
   education and, where appropriate, financial incentives and targeted
   regulation. 
   A
   statutory duty of care has already been introduced by some state
   jurisdictions — for example see the Queensland
   Land Act 1994, the South Australian
   Pastoral Land Management and Conservation Act 1989 and the Victorian Catchment and Land Protection Act 1994. Nevertheless, it is still
   largely unclear how such provisions will be applied and how landuse might be
   monitored or enforced. Further research and public discussion on this issue
   are needed. 
   4         
   Make policy catalytic — harness the private sector
   Market
   based policy instruments can harness the private sector and make government
   policy catalytic, particularly where the absence of markets is the dominant
   feature which makes the environment a major policy issue. 
   By taking
   actions that reduce transaction costs and improve information: 
   
    - 
     
the
     innovation and initiative of the private sector may be tapped unleashing
     new technologies and investment towards the environment; and  
    - 
     
the
     resulting markets lower the cost of environmental policy making previously
     unviable action feasible.  
    
   In many
   cases the actual costs of environmental remediation have been much less than
   previously estimated because of the capacity of markets to deliver innovative
   and cost effective solutions. 
   When
   the US EPA wanted to reduce air pollution, (Nitrous oxide and Sulphur
   dioxide) control costs were estimated by the industry to be $1500 per tonne.
   The EPA’s (optimistic) estimate was $750 per tonne in 1993. Yet in 1997,
   permits were trading at just $100 per tonne. The tradable credits system had
   stimulated all sorts of undreamt of innovations and flexibility. 
   What can
   be done to unleash the innovative capacity of the private sector to achieve
   more desirable environmental outcomes? Some fundamental steps include: 
   
   Remove constraints to
   potential environmental markets
   Once the
   environmental problem, and its underlying economic and scientific causes are
   well understood, before considering any other actions, environmental managers
   should assess whether potential markets are being constrained by unnecessary
   or inappropriate regulatory frameworks. 
   For
   example, a number of institutional arrangements associated with biodiversity
   conservation — particularly aspects of the frameworks for land tenure,
   competitive neutrality, native wildlife and taxation — are characterised by
   extensive and often complex legislation and regulation (see below). These
   factors can increase the relative costs and risks of private conservation
   activities compared with those of other viable land uses. This influences
   investment decisions and may lead to less efficient and effective
   conservation outcomes. 
   Some
   specific examples of constraints to managing for biodiversity are listed
   below (also see PC 2001a).
   While the focus here is largely on Commonwealth and State jurisdictions,
   others (e.g. Binning and Young, 1999)
   have considered the constraints imposed by inappropriate local government
   regulation: 
   
    - 
     
Property
     rights are not always well specified. For example, property rights for
     native flora and fauna are not always explicitly, consistently or fully
     defined in native wildlife legislation, and may vary according to the
     jurisdiction and any conditions of a licence. The ownership of captive
     native fauna held under licence in some jurisdictions may be uncertain and
     some rights appear to be untested, which may limit private conservation
     initiatives.  
    - 
     
Sometimes
     legislation unnecessarily prohibits potentially desirable private sector
     initiatives. For example, only public sector agencies and zoos are allowed
     to undertake international trade in native fauna — commercial
     conservation firms are excluded from international trade in native species
     for profit. However, it is unclear whether such general trade restrictions
     are effective (for example, in terms of protecting native wildlife from
     illegal activities) or whether other policy options would improve
     conservation outcomes at a lower cost.  
    - 
     
At
     times, legislation and regulation also reduce incentives to develop
     innovative approaches to improve conservation outcomes. For example, most
     jurisdictions use extensive licensing systems and a broad range of
     regulatory controls to control specific pre-conceived end-uses (such as
     keeping or exhibiting native wildlife) or prescribe a particular approach,
     or even piece of equipment. This can restrict private sector initiatives
     unless they are in accordance with a licence or the native wildlife has
     been declared unprotected or exempt from the provisions.  
    - 
     
Uncertainty
     regarding the approach or application of legislation and regulations also
     increases transaction costs and may discourage investment. For example,
     altering prescribed grazing or stocking levels under existing pastoral
     lease conditions is usually at the discretion of the relevant minister or
     pastoral board. The lack of explicit administrative processes or decision
     criteria can create uncertainty for landholders wishing to undertake
     conservation activities that require reductions in stocking levels.  
    - 
     
Problems
     can also occur when legislation and regulation is applied inconsistently.
     For example, different treatments of donations to environment and heritage
     organisations affect the relative costs (and therefore attractiveness) of
     alternative types of donations and may consequently influence the type and
     amount of ‘environmental altruism’ undertaken. Amendments to existing
     gifting provisions in income tax law to address these issues have been
     proposed (Howard 2001).   
    - 
     
Inconsistencies
     also exist between the approach and application of legislation and
     regulation across jurisdictions. For example, significant differences exist
     between the State-based licensing systems and controls on the keeping and
     trading of native wildlife. South Australia has a flexible and
     non-restrictive system where applications can be made to keep any native
     fauna. New South Wales, Queensland and Western Australia, have more
     restrictions and controls which appear to be more complex than necessary
     and may unduly constrain private conservation initiatives.  
    - 
     
These
     problems may be magnified by other government measures (such as
     agricultural assistance) and/or tax treatments that encourage other land
     uses that may adversely impact on biodiversity.For example, concessions
     that lower the relative operating costs of production and land use may make
     those businesses relatively more attractive, consequently drawing more
     resources to them and, potentially, away from biodiversity conservation.
     Subsidies to fertiliser and irrigation water, and artificially high prices
     for agricultural crops, have distorted land-use, favouring agriculture
     where it is not really viable, often accelerating clearance of natural
     vegetation.  
    
   Create markets for
   ecosystem services
   In the
   last few years there have been considerable efforts to design and establish
   markets for specific environmental services. Some have been more successful
   than others — what are the lessons for future policy development?
   
   
    
   In
   general, while the use of market based mechanisms and the creation of new
   markets offers potential solutions to help deliver desirable biodiversity
   conservation outcomes, it is unlikely to be suitable as a policy option for
   addressing all conservation issues. Rather, it is likely that a combination
   of policy instruments will be required. 
   Many
   combinations of market based instruments can be applied to different
   environmental problems. While care is required to design the right set of
   instruments for a particular problem, environmental management is full of
   examples, such as air pollutant markets in the United States, where the mix
   has gradually evolved over time to address unforeseen outcomes (see Tietenberg
   1995). This is not a sign of policy failure but rather
   demonstrates the adaptability of market based instruments when knowledge and
   technology improve. 
   A
   distinction can be made between schemes that use conventional prices to
   reveal consumers’ willingness to pay and producers’ willingness to
   supply, compared with schemes that reveal market information indirectly
   through structured competitive bidding. The conventional price theory
   approach (such as those used in cap and trade environmental markets) is more
   suitable where core market conditions exist, such as enough sufficiently well
   informed buyers and sellers willing to trade a definable, transferable and
   excludable commodity. 
   In
   contrast, Stoneham et al. (2000)
   highlight the usefulness of ‘game theory’ approaches of competitive
   bidding (such as the Victorian Government’s tendering and auctions approach
   of the Bushtender Scheme) where basic market conditions do not exist and
   information asymmetries are prevalent. 
   In terms
   of property rights, creating markets for environmental services may involve
   creating proxy commodities. The commodity for exchange must have an inherent
   value to individuals in the community. The scarcity of the property right is
   critical and must be enforceable if necessary — without scarcity the value
   will diminish. Regulation may be necessary to ensure scarcity. For example,
   the value of carbon credits lie in the restrictions on carbon emissions.
   A realisable commodity is also central to businesses attracting investment
   capital for the formation of ecosystem service markets. 
   Transferable
   property rights can encourage technology progress — more so than ‘command
   and control’ systems (Millman and
   Prince 1989). This means the pursuit of the environmental
   objective will be less expensive and more timely. In addition, it is usually
   easier to establish markets where there are clear point source producers of
   an environmental commodity (‘good’ or ‘bad’). Schemes that allocate a
   property right to produce an environmental bad should be designed to ensure
   concentrations of the bad are not localised in space or time. 
   Linking
   property rights to a defined production technology tends to constrain
   innovation and the development of new lower cost processes. Successful
   emission schemes have broadly defined the environmental constraint and then
   allowed producers freedom to meet it as best they can (see Tietenberg
   1995) i.e. they are outcome-based rather than prescriptive. 
   Not
   surprisingly information and technology are critical in the design of market
   instruments. Science is commonly required to define proxy commodities and
   verify aspects of the exchange in created markets. High levels of scientific
   information can be central to the success of schemes where the property right
   is not easily defined, measurable or verifiable. In the case of markets with
   offsets, the science to measure and monitor the offset is critical. 
   This
   information can be costly and add to transaction costs. However, successful
   schemes have been designed where scientific information is limited or
   production technologies are still evolving (see Tietenberg
   1995, p. 25). For example the feasibility of “Wetlands banking”
   will depend on the science dealing with the substitutability of the offset
   areas being traded. 
   Characteristics
   of the environment, such as the irreversibility, scientific uncertainty,
   threshold effects and connectivity associated with biodiversity, attach risks
   to policy design and implementation. When establishing new markets, a prudent
   approach to balancing these risks is extensive testing and pilot scale
   trials. For example, the New South Wales Hunter River Salinity Trading Scheme
   recently enacted into State legislation started as a pilot scheme in 1995. 
   Finally,
   supporting market infrastructure is useful in conventional price markets. In
   particular a centralised clearing house can improve the efficiency of
   tradeable schemes. For example, on line trading can facilitate trade in spot
   and futures markets and trade at short notice. It can also reduce the cost of
   searching for a buyer and the need for an agency to closely administer the
   exchange. 
   5         
   Improve public sector efficiency
   In
   addition to using markets to allow the private sector to efficiently and
   effectively deliver environmental goods and services, it is important to
   examine the performance of public sector provision. Opening up the public
   environmental sector to greater scrutiny is likely to create opportunities
   for private conservation entrepreneurs to offer their services in
   competition. 
   Private
   and public sector environmental markets are inextricably bound together and
   we need to make progress on both fronts simultaneously. Unlike other sectors
   of the economy where public provision has been prominent (such as utilities
   and health) there appears to have been limited application of basic
   competition policy principles to environmental activities (PC
   2001b). 
   For
   example, governments have collectively agreed on the principle that any
   competitive advantages that government businesses may have over their private
   counterparts simply by virtue of their government ownership should in general
   be removed (resulting in what is known as ‘competitive neutrality’)
   unless the costs can be shown to exceed the benefits. Despite the apparent
   generality of this principle, in practice it has had limited application to
   government conservation businesses. 
   Similarly,
   although jurisdictions have reviewed environment related legislation for
   potentially anticompetitive effects, there appears to have been little change
   in many areas, such as those related to the conservation of biodiversity.
   Aspects of pastoral lease arrangements and native wildlife regulatory
   frameworks may be anticompetitive and overly prescriptive. For example,
   private sanctuaries have to obtain many licences that are not required by
   competing public providers and face a broad range of regulatory controls on
   keeping, use, trade and movement of native wildlife. 
   The
   application of other aspects of competition policy could also be considered
   including the pricing of, and access to, natural assets such as national
   parks, state forests and reserves. 
   Further
   discussion and analysis of these issues is needed. 
   6         
   Establish who should pay for environmental problems
   One
   advantage of using markets to address environmental problems is that they are
   a mechanism to gain funds for environmental action from the private sector.
   Markets are only one policy tool and others may also be necessary. Other
   mechanisms will be required to address who should bear the costs of
   environmental actions. 
   Establishing
   appropriate cost sharing frameworks can
   create incentives for individuals to use resources more efficiently — governments
   can reduce costs of beneficial private conservation activities and increase
   the costs to private entities which harm the environment. 
   Clarifying
   the rights and responsibilities of the private sector is a fundamental step
   in determining who should bear the cost of additional conservation on private
   land. How these rights and responsibilities are assigned is a matter for
   political judgement based on perceptions of equity or fairness rather than
   efficiency (Aretino et al. 2001).
   But at present, when it is unclear who is responsible, very little action is
   taken by either side. 
   When the
   effects of actions by a landholder to address, prevent or reduce
   environmental damage are confined to his/her own property, it is appropriate
   for the landholder to pay the costs of addressing the problem, as well as the
   costs of adapting to it. The case for governments to pay in this situation is
   weak — examples of situations of this type include some dryland salinity (Pannell,
   McFarlane and Ferdowsian 2001) and soil acidification. 
   But where
   there is a public demand for more conservation than would be provided
   voluntarily by the private sector alone, an important question arises as to
   how the additional burden should be shared. If property rights effectively
   require resource users to maintain an environmental standard, those who fail
   to achieve this standard are imposing costs on the rest of us. In such
   situations the ‘impacter pays’
   principle should generally be adopted. This effectively amounts to
   enforcement of an individual’s existing legal responsibilities to protect
   the public “downstream”. 
   In
   contrast, if the community demands results well beyond the level required by
   established property rights, those benefiting from the additional
   conservation activities (neighbouring property owners, the local or regional
   community or the broader community, for example) should generally be required
   to contribute to the cost of undertaking them — the ‘beneficiary
   pays’ principle. 
   The final
   choice of cost sharing principle and how it is implemented would need to take
   into account the costs of implementation as well as equity considerations (Aretino
   et al..2001). For example, in adopting the ‘impacter pays’
   principle, some individuals may seek to avoid paying for conservation, so
   implementation requires effective monitoring and enforcement. If these costs
   are too high, it may be simpler for the public to just pay up. 
   Governments
   may also choose to pick up more of the tab in the short term to help
   landowners adjust. Issues surrounding the social consequences of cost sharing
   arrangements, and the possible need for adjustment assistance, are complex
   and require examination on a case by case basis, but there are some general
   basic principles. 
   Markets
   structures will ultimately determine the distribution of the costs associated
   with agriculture-related environmental damage. Even when farmers pay for the
   environmental costs initially, part of the costs will ultimately be passed on
   to consumers, domestic and foreign, for those commodities facing imperfectly
   elastic demand and supply curves. However, for major Australian agricultural
   commodities other than wool, price is determined totally by overseas supply
   and demand — no part of extra policy induced environmental costs paid by
   producers are passed on to consumers. 
   Edwards
   and Byron (2001) demonstrate that there is also a broader
   dimension — if farmers around the world are required to incur extra
   environmental costs, commodity prices will rise as higher production costs
   shift the global supply curve upward. 
   Farmers
   in those countries where environmental costs are relatively low could be net
   winners when the market response to the multi-country environmental measures
   is allowed for. Cassells and
   Meister (2001) found that New Zealand dairy farmers would lose if
   they alone were made to bear the costs of effluent controls, but that they
   would gain if they along with farmers in the other three leading dairy export
   regions (EU, Australia, and US) all had those costs imposed on them. 
   Conclusions
   This
   paper has focused on the role markets can play in environmental policy. While
   they are not a panacea for the environment problem, they are nonetheless a
   helpful tool for environmental managers. Governments may be an important
   catalyst bringing the potential of markets for environmental goods and
   services to the fore. 
   There are
   many ways in which markets can be established or market based instruments
   applied. Our design knowledge is still growing — no doubt there will be
   successes and failures in the future. Basic market design principles continue
   to emerge as practitioners focus on addressing poor information and high
   transactions costs. As environmental science and technology and economics
   improves so too should the flexibility of the markets we create.
   
   
    
   
    
     
    
    
   References
   Allen
   Consulting 2001, Repairing the Country: Leveraging Private Investment, Report to the
   Business Leaders Round Table, Canberra. 
   Aretino,
   B., Holland, P., Matysek, A. and Peterson, D. 2001, Cost
   Sharing for Biodiversity Conservation: A Conceptual Framework, Productivity
   Commission Staff Research Paper, Ausinfo, Canberra. 
   Barr,
   N. and Cary, J. 1992, Greening a Brown
   Land: the Australian Search for Sustainable Land Use, MacMillan,
   Melbourne. 
   Bardsley,
   P., Chaudhri, V. and Stoneham, G. 2001 ‘New directions in environmental
   policy’, in Public Funding of Environmental Issues, 4th AARES Annual
   Symposium, 5 October 2001, Le Meridien at Rialto, Melbourne. 
   Binning,
   C. and Young, M. 1999, Conservation
   Hindered: The Impact of Local Government Rates and State Land Taxes on the
   Conservation of Native Vegetation, National Research and Development
   Program on Rehabilitation, Management and Conservation of Remnant Vegetation,
   Research Report 4/99, Environment Australia, Canberra. 
   Bromley,
   D.W. 1991, Environment and Economy: Property Rights and Public Policy, Basil
   Blackwell, Oxford. 
   Cassells,
   S. and Meister, A. 2001, ‘Cost and trade impacts of environmental
   regulations: effluent controls and the New Zealand dairy sector’, Australian
   Journal of Agricultural and Resource Economics, 45:2, 257-74. 
   Daily,
   G., Soderqvits, T., Aniyar, S., Arrow, K., Dasgupta, P., Ehrlich, P., Folke,
   C., Jannson, A., Jannson, B., Kautsky, N., Levin, S., Lubchenco, J., Maler,
   G., Simpson, D., Starrett, D., Tilman, D., and Walker, B. 1997a, ‘Ecosystem
   Services: Benefits Supplied to Human Societies by Natural Ecosystems’, Issues
   in Ecology, No. 2, Spring, Washington. 
   Daily,
   G., Soderqvits, T., Aniyar, S., Arrow, K., Dasgupta, P., Ehrlich, P., Folke,
   C., Jannson, A., Jannson, B., Kautsky, N., Levin, S., Lubchenco, J., Maler,
   G., Simpson, D., Starrett, D., Tilman, D., and Walker, B. 1997b, ‘The Value
   of Nature and the Nature of Value’, Science,
   July, vol. 289. 
   Edwards,
   G. and Byron, N. 2001, ‘Land degradation and rehabilitation: A policy
   framework’, in Public Funding of Environmental Issues, 4th AARES Annual
   Symposium, 5 October 2001, Le Meridien at Rialto, Melbourne. 
   Haszler,
   H. and Hone, P. 2001, A spillover paradox’, in Haszler, H. (ed) Landuse
   Policy for Environmental Objectives - Contributions from Economics,
   Proceedings of a Workshop for Environmental Managers, Healesville, Victoria,
   7-8 February 2001. 
   Hone,
   P., Fraser, I. And Haszler, H. 2001, ‘Agricultural landuse and
   biodiversity: Policy principles’, in Haszler, H. ed, Landuse
   Policy for Environmental Objectives - Contributions from Economics,
   Proceedings of a Workshop for Environmental Managers, Healesville, Victoria,
   7-8 February 2001. 
   Pannell,
   D., McFarlane, D. and Ferdowsian, R. 2001, ‘Rethinking the externality
   issue for dryland salinity in Western Australia’, Australian
   Journal of Agricultural and Resource Economics, 45:3, 459-75. 
   PC
   (Productivity Commission) 1999, Implementation
   of Ecologically Sustainable Development by Commonwealth Departments and
   Agencies, Report No. 5, Ausinfo, Canberra. 
   PC
   2001a, Constraints to Private Sector Conservation of Biodiversity,
   Commission Research Paper, Ausinfo Canberra. 
   PC
   2001b, Harnessing Private Sector Conservation of Biodiversity, Commission
   Research Paper, Ausinfo Canberra. 
   Wills,
   I. 1997, Economics and the Environment: A Signalling and Incentive Approach,
   Allen and Unwin, Sydney. 
   Howard,
   J (Prime Minister) 2001, Address to the
   Prime Ministers Awards for Excellence in Community Business Partnerships 2001,
   20 August 2001. 
   Millman,
   S. and Prince, R. 1989, ‘Firm incentives to promote technological change in
   pollution control’, Journal of
   Environmental Economics and Management, 17:3, pp.247-65. 
   Stoneham,
   G., Crowe, M., Platt, S. Chaudri, V., Soligo, J. and Strappazzon, L. 2000, Mechanisms
   for Biodiversity Conservation on Private Land, Natural Resources and
   Environment Victoria, July. 
   Stiglitz,
   J. 2000, Economics of the Public Sector, W.W. Norton and Company, London. 
   Tietenberg,
   T. 1992, Environmental and Natural Resource Economics, HarperCollins, New
   York. 
   Tietenberg,
   T. 1995, ‘Policy lessons from existing air pollution control systems: The
   United States’, in Hanna, S. and Munasinghe, M. (eds), Property
   Rights in a Social and Ecological Context: Case Studies and Design
   Applications, Beijer International Institute of Ecological Economics and
   The World Bank, Washington. 
   Truss,
   W. 2001, Truss Releases Murray-Darling Basin Salinity Strategy. Press Release
   AFFA01/257WT 17-9-01. 
   Whitten,
   S.M. and Bennett, J.W. (2001), Policies
   for Wetlands Management Change on Private Land, Research Report No.11,
   National Centre for Development Studies, Australian National University,
   Canberra. 
   
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