Environmental Regulatory Practice Principles
The Council of Australian Governments (COAG) agreed to a number of priority issues of
national significance for the Standing Council on Environment and Water one of which
relates to harmonisation of environmental regulatory practice. In pursuit of this priority, the
Council’s 2012-13 work plan includes the development of a common set of principles of
environmental regulatory practice.
The following regulatory principles, released by Council on 11 April 2013, have been
developed to guide environmental regulators. The principles provide a useful reference for
jurisdictions when developing and applying regulation. They consolidate standard principles
for good regulatory development and administration which are common in most, if not all,
jurisdictions.
The adoption of these principles will:

assist agencies to develop and apply regulation in an effective and accountable way

provide certainty to businesses that agencies across Australia will apply similar
regulatory approaches in a consistent and transparent regulatory manner.
Through the adoption of these principles, regulatory requirements, policies and standards
will be harmonised where possible, with the aim of improving environmental outcomes,
making it easier for businesses to comply and reducing administrative burden for both
business and government.
Overarching Principles
1.
Harmonised regulation
Maximising the opportunities for harmonisation by communicating with other jurisdictions
and organisations about regulatory frameworks and adopting and learning from agreed best
practice.
2.
Strategic and outcome based
Anticipating, finding and solving important regulatory problems in a strategic manner to
maximise our regulatory impact and effectiveness.
3.
Adaptive and innovative
Using an adaptive and innovative management approach recognises that there is no “one
size fits all” response.
4.
Working collaboratively
Working together within an organisation and with external stakeholders will deliver better
environmental, social and economic outcomes.
5.
Reviewed and evaluated
Measuring and reporting our success in undertaking regulatory activities using a broad mix
of indicators and quality summaries to encourage others to improve their performance.
6.
Ethical and Fair
Behaving ethically and fairly to maintain a proficient and sustainable regulatory system.
1
Final Version
Date: 11 April 2013
Principles to apply when developing regulation
7.
Required
Establishing the need for government action, ensuring our objectives are clear and targeted;
and considering the costs and benefits of a range of options including the simplification,
repeal, reform or consolidation of existing regulations.
8.
Transparent
Ensuring those interested have the best possible opportunity to participate in the
development and review of regulations by providing detailed background and rationale for
proposals, a mix of engagement initiatives and the consideration of comments and feedback
in an appropriate and timely manner.
9.
Enforceable
Ensuring the options for enforcement action are clearly defined, appropriate and linked to
achievable objectives.
Principles to apply when undertaking regulation
10.
Risk based and proportional
Compliance and enforcement actions reflect the level of environmental risk. Responses are
targeted, proportional achievable, measurable and cost effective.
11.
Discretion is applied where appropriate
Discretion is applied, where appropriate, in a rational and demonstrably justifiable way.
12.
Decisions and actions are documented
Accountability for decisions and, actions, considering only relevant facts, supported by
adequate documentation, data and information.
13.
Communicated effectively
Communication is clear and concise so that all stakeholders are aware of their statutory
responsibilities and requirements.
2
Final Version
Date: 11 April 2013