5. Breaking the nexus between conservation
status and response
One obvious response by those concerned about the apparent
exclusion of values relating to the socio-economic costs and
benefits of the conservation response in legislation that
creates an automatic nexus between listing and response, is
to sever the nexus altogether. In this scenario, a separate
decision would be made about what the conservation
response should be, and this decision would be made only
after a species has been listed. The legislation in Victoria, for
example, requires a quite independent decision to regulate
activities affecting a listed species. The Minister simply has
the power, not the duty, to make an interim conservation
order regulating use of private land, in order to conserve
critical habitat of a listed species, or at least one that has been
nominated for listing (Victoria, 1988). By separating the listing
decision from the decision on whether to regulate, separate
sets of decision-making criteria can be applied. While the
listing decision requires the Minister to focus exclusively on
‘‘nature conservation’’, socio-economic considerations can be
brought into play in deciding whether to apply regulatory
controls. A decision can, for example, legitimately be made not
to regulate because of the social and economic benefits
flowing from the proposed activity, or the social and economic
impacts on a community that will eventuate if an order is
made, even where it is almost certain to reduce the chances of
a species surviving.
5. Breaking the nexus between conservationstatus and responseOne obvious response by those concerned about the apparentexclusion of values relating to the socio-economic costs andbenefits of the conservation response in legislation thatcreates an automatic nexus between listing and response, isto sever the nexus altogether. In this scenario, a separatedecision would be made about what the conservationresponse should be, and this decision would be made onlyafter a species has been listed. The legislation in Victoria, forexample, requires a quite independent decision to regulateactivities affecting a listed species. The Minister simply hasthe power, not the duty, to make an interim conservationorder regulating use of private land, in order to conservecritical habitat of a listed species, or at least one that has beennominated for listing (Victoria, 1988). By separating the listingdecision from the decision on whether to regulate, separatesets of decision-making criteria can be applied. While thelisting decision requires the Minister to focus exclusively on‘‘nature conservation’’, socio-economic considerations can bebrought into play in deciding whether to apply regulatorycontrols. A decision can, for example, legitimately be made notto regulate because of the social and economic benefitsflowing from the proposed activity, or the social and economicimpacts on a community that will eventuate if an order ismade, even where it is almost certain to reduce the chances of
a species surviving.
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