Journal article
The Resource Management Act 1991 through external eyes
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Publication Details
Author list: Carlman, Inga
Publication year: 2007
Start page: 181
End page: 210
Number of pages: 30
ISSN: 1174-1538
URL: http://search.informit.com.au/documentSummary;dn=257538649753871;res=IELBUS
Abstract
The Resource Management Act 1991 was drafted for sustainability and probably still reflects the state of the art as regards environmental legislation for sustainable development. Modern theory of environmental law methodology has to a high extent focused on implementation deficits based on the significance of law in rule of law countries and consequently on the concept of legal operationalisation of environmental goals (ultimately ecological sustainability). This not only puts, inter alia, balancing in a new light but also calls for systemic thinking and reconsideration of bottom-up approaches. What, then, is to be legally operationalised under the RMA and are there counterproductive functions, explicit or implicit, in it? This is discussed in depth, putting the RMA planning system at the centre and observing the lack of far-reaching substantive standards and obscurities as regards goals and means. The discussion reflects theory of environmental law methodology, systems theory, and the issue of non-linearity of ecosystems, also when the role of courts is elaborated.
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