The enforcement of environmental protection laws in Queensland: A case of regulatory capture?

Abstract

This article examines the enforcement of environmental protection laws in Queensland's "post-Fitzgerald" era. Data sources include scientific reports on environmental damage, enforcement figures from the State's regulatory agencies, and interviews with key informants in government, industry and environmental protection organisations. Evidence available indicates significant under-enforcement by the Department of Environment partly as a result of indirect undue influence by government and industry. There is a prima facie case that the Environmental Compliance Division of the Department of Mines and Energy has been "captured" by the mining industry. Explanations for this are sought in the Queensland political milieu and in regulatory capture theory. Recommendations for improvement include amending legislation to allow direct civil suits and the formation of an Environmental Protection Agency independent of present bureaucratic structures.