Wednesday, August 01, 1990

Policy Management

1. INTRODUCTION

This chapter differs from the others in that it contains no specific policy recommendations.  Instead, it discusses the problems the Government will face in gaining political support for its policies and in actually implementing them.


2. CABINET AND PARTY ROOM

Much of the debate that the formal shape of the institutions suggests should take place in Parliament actually occurs in Cabinet and the Government Party Room or Caucus.  The doctrine of collective responsibility locks Ministers into public support of government decisions, but in the secrecy of Cabinet the solidarity is absent and Ministers tend to fight for the interests of their electoral and departmental constituencies.  Backbenchers who will loyally support a measure in Parliament may fight it tooth and nail in private.  Any Prime Minister can be certain of having Ministers and backbenchers too overworked, disorganised or idle to master the issues, and too shortsighted to set the national interest above the immediate effects on themselves, their party organisation, the more vocal of their constituents, or the last lobbyist to buy them lunch.  All recent Commonwealth governments share the pattern:  a handful of far-sighted Ministers, a scattering of far-sighted backbenchers, outnumbered by the near-sighted, the numbers men, the single-issue specialists, and those whose genuine compassion for the disadvantaged prevents them distinguishing cause from effect.  Political power depends on numbers.

Nothing can be done about this in the short term and little in the long term -- although the nation might benefit from minor changes in the way political parties select their candidates and thus in the kinds of person chosen.  It is democracy in action.  It is something that reformers have to live with.  But it means that a reforming core of Ministers and backbenchers wishing to implement the policies presented in this volume have to start by enlisting their colleagues.  The author has done his best to facilitate this in the development and exposition of the policies.  Reformers in parliament must win the arguments in party room or caucus by presenting them in ways which will win the hearts and minds of the various groups of MPs.

One advantage reformers have only recently gained is the growing appreciation by the public of the seriousness of Australia's economic problems.  Australians have never before in peacetime been as ready to accept tough or radical but necessary policies.

The largest group in any party is always the SOS (Save Our Seats).  These will support change if persuaded that it will pay off with votes come election day, either if reform will win votes or if inaction will lose them.  Many of the policies presented in this volume should be easily sold to SOS because they will obviously pay off within three years.  Policies that take longer to implement or are slower to pay off nowadays have their political consequences brought forward by the media attention paid to the reactions of local and international financial markets and of institutions such as OECD, IMF, Moody's and Standard and Poor;  this will make it easier to persuade the SOS of their benefits.

With a little courage, the Government or even individual senior Ministers can help lock policies in place by stating them in ways that make retreat very embarrassing.  When announcing one policy, Ministers can take the opportunity to spell out implications for other policies.  An instance of this was the way that the Liberal Party's freer labour market policies entailed freer markets for products, or the implications of the Hawke Government's rural policies for industry protection policy.

Backbenchers have more freedom than Ministers to deviate from or embroider the Government line;  as individuals or groups they can argue for reform in Parliament, with interest groups, or in the media.  With good timing and gentle use of sarcasm, individual backbenchers can do much to keep Ministers up to the marks the Government has set itself and to enforce generally accepted principles of good management.

Government MPs assembled in party room or caucus should be encouraged to agree to general propositions that are in themselves popular.  These should then be set in concrete by talking about them until the media take them up.  This done, the less popular steps needed to implement the general undertaking must follow to avoid loss of face and votes.  The Hawke "trilogy" of 1984 was an example of this tactic.

Policies must be presented in terms which are relevant to voters.  For example, protection reduction should not be discussed in terms of economic efficiency, vital though that is, but in terms of the cost of cars and shoes and nappies.  Equity is important to most Australians, and especially to the significant number of MPs who entered Parliament with the hope of helping the under-dog (however perceived):  show them that tariffs are the most regressive of all taxes, and that the cost to low-income families far outweighs the benefits to workers in protected industries.  This makes more sense to most voters and MPs than figures on trade flows.

The Government can also gain and maintain a moral superiority by continually and publicly setting the interest of ordinary Australians, above that of any sectional interest.  Ministers should say in as many words that they will not govern for the ACTU, big business, the textile industry, car makers, marginal electorates, the gnomes of Zurich -- but for taxpayers and consumers.

All parliamentary parties have a significant proportion of members who are genuine idealists but not always clear thinkers.  These people are potential supporters of the policies proposed in this volume because on the whole they share the same goals.  Reformers should only have to convince most idealists that the policies will tend to achieve the goals.  This is true even of much of the Labor Left:  although many of the policies recommended here are anathema to traditional Labor thinking, they are the best hope in the long run for the poor and the underprivileged and it should be possible to persuade many left-wing politicians of this.

Reformers must seek the support of lobbies that favour the broad thrust of the policies and have influence with a faction that might block reform.  An obvious example is the National Farmers Federation which has influence in the National Party.  Another example should be the many unions representing users of transport who will benefit from deregulation of the transport industries.  The tail must not wag the dog:  what is needed is lobby group support for the reform programme, not capitulation to lobby group demands.  Nevertheless, successful reformers keep their eye on the main chance.  Minor matters or unwinnable issues should be dropped or deferred to gain support for those which are vital to the programme.


3. PARLIAMENT

As discussed in the Government and Administration chapter, almost no real debate takes place in the House of Representatives.  Party discipline is strong, and any Government measure that gets through caucus or party room is almost certain to succeed in the House.

The Senate is a different matter.  In recent years the balance of power has been held by independents and Australian Democrats.  Party discipline is not quite as strong as in the House, and past Coalition governments have needed effective advocates in the Senate Party Room;  the ALP seems to have less trouble.

The Australian Democrats are a fact of life of Australian politics.  Their presence in the Senate has had a beneficial effect by denying governments automatic majorities and reminding the Senate of its independence and function as a house of review.  All Democrat Senators face the voters at the 1987 or 1988 election and it is possible that the parliamentary party will be wiped out if it is a half-Senate election.  If Democrats and independents continue to hold the balance of power, then the Government will have to persuade them as far as possible of the merits of its policies.  This should mostly not be too difficult, because the principles of freedom, ending of privilege, openness and equity embodied in the policies are shared by most Australian Democrats.  Where persuasion fails, log-rolling will be necessary to get legislation through the Senate:  the Government will have to compromise on minor points of policy, or in other areas, to gain Democrat or opposition support for the major reforms.  The nature of the party means that Democrat Senators and their staff tend to lack the political and economic expertise that the larger parties can command;  it would be in the public interest as well as the Democrats' if the Government provided them with the services of a suitably experienced officer of the Treasury.  Balance would require another to be assigned to the Opposition;  the cost in the context of government spending would be negligible and the benefits in terms of better-informed Senators could be large.


4. GOVERNMENT AND THE BUREAUCRACY

4.1 MINISTERS' ENVIRONMENT

A new Minister is faced with a new and unusual environment.  This section examines its principal features:  bureaucratic power, the politics/administration dichotomy, and the "real world" of policy-making and implementation.  The television programme Yes, Minister provides a useful reference point, and readers are reminded of the story of a Prime Minister and a Treasury Secretary watching it together and both laughing loud and often but not at the same things.

Few real Ministers are as craven as Jim Hacker;  conviction, determination and intelligence are shields against bureaucratic blandishments.  There are other significant differences between real Canberra and fictional Westminster.  In Australia's favour, Ministers here have larger and usually more effective personal staffs than Hacker had, selected by the Minister and not all seconded from the public service.  They spend much more time away from their departments, either in Parliament House offices with their personal staff or in State capital cities or in their electorates.  In Westminster's favour, large departments are divided among a number of junior Ministers with a Cabinet Minister at the top;  such an arrangement seems precluded by the Australian Constitution.


4.2 BUREAUCRATIC POWER

In democracies where government regularly changes hands, the bureaucracy has considerable advantages over Ministers.

  • Permanence:  Sir Humphreys outlast many Jim Hackers.  Permanent public servants generally have much more experience than Ministers of the business of administration and the minutiƦ of departmental activities.
  • Numbers:  For the largest departments there may be a Minister, a Minister with a minor portfolio as "Minister assisting", and a handful of politically-appointed staff in the Minister's private office.  Few if any of these will have had extensive experience of the department.
  • Information control:  Senior public servants are in a position extensively to control the information about the department received by the Minister and his personal staff.  The public service possesses unique, detailed knowledge about public policies and issues;  this knowledge enables it to influence the outlook and decision-making of the Minister, and to conceal much from the Minister.
  • Control of policy implementation:  no matter what the Government wants to do, by the time a reform reaches the man in the street it has been passed through several or many layers of bureaucracy, and the details have been worked out with very little political control.  Implementation can be delayed or the Government's intentions can be perverted:  something of the latter appears to have happened to the Fringe Benefits Tax.

Moreover, the bureaucracy delivers services to particular client groups.  It forms alliances with client groups and can mobilise them to oppose changes that threaten to disrupt the symbiotic relationship.  Such alliances may take the form of relationships between public-service unions and other organisations.  Many bureaucrats are also strongly committed to existing, established programmes, and resist changes that might interfere with these.

All this is a far cry from the traditional view of the separation of politics and administration, which argues that politics and administration are separate fields and should not interfere with each other.  Politics is supposed to determine the "ends" of government and once determined, administration is supposed to apply the most efficient technical and professional "means" to implement the "ends".  The Minister is not supposed to tell the career staff how to implement a policy and the career staff does not, in any way, influence the policy-making process;  finally any bureaucratic discretion in the system is used to determine "means" not "ends".

This "classical" theory coincided with the growth of government in western countries in the late nineteenth and early twentieth centuries, and was, indeed, necessary to the creation of the large bureaucratic states which now exist.  It was a highly useful doctrine when public bureaucracy was an infant industry that needed a protective ideology behind which it could develop.  Its survival, however, draws attention from the bureaucracy's ability to influence policy:  and when this influence occurs, it distorts the democratic process because public servants do not have the political legitimacy to make policy in a democratic system.


4.3 THE REAL WORLD:  MINISTERS AND BUREAUCRATS

The concept of the separation of politics and administration, although discredited, still formally dominates the working world of the Minister.  In reality the Minister finds his relations with his bureaucratic "subordinates" differ greatly from the "classical" world of policy-makers and neutral administrators.

The most important point is the imbalance between the short-term Minister and his or her politically-appointed staff on the one hand and the long-term departmental staff on the other.  It is simply impossible for the Minister and his staff to be aware of all the activities of a large department.  If public servants were indeed neutral administrators this would hardly matter:  all the actions of the department would conform to the policies laid down by the Minister.  But public servants have opinions of their own, and seem to feel less and less obliged to abnegate these during working hours.

The imbalance is lessened to some extent if the department maintains good (and proper) relationships with the relevant Opposition spokesman:  one day, the Opposition will be the government, and it is to everyone's advantage if the new Ministers do not start entirely from scratch.  Scrupulous neutrality is necessary in dealings between bureaucracy and opposition.

A reforming Minister needs all the help he can get from his department.  In practice it is, and should be, difficult to sack public servants;  but senior officers have been known to take advantage of this to obstruct changes of which they disapprove.  If necessary, the Government should put such people out to grass on full pay.  The cost is tiny compared with the damage that an unscrupulous senior officer can do to a policy he opposes.  Ministers must be very careful they do not confuse tough advice with obstructionism, and must not act capriciously, but if senior officers do not wholeheartedly assume the role of neutral advisors and administrators they must be moved out of the way.


4.4 THE MINISTER

The Minister needs:

  • Clarity of view;
  • Will-power;
  • Stamina;
  • Managerial talent.

Very few people have all these.  Party selection processes and election campaigns are excellent tests of stamina and will-power, but pay little attention to managerial talent and probably discriminate against clear thinkers in favour of those who tell people what they want to hear.  The result is that any Prime Minister will be forced to put up with many Ministers who do not think clearly about difficult problems and are barely competent managers, and a couple who would be stretching to organise a two man queue.


4.5 THE MINISTER'S STAFF

Ideally, a Minister's personal staff should include:

  • An absolutely first-class personal secretary;
  • A superb office manager to enable him and his other advisers to concentrate on policy and politics;
  • At least one person intimate with the affairs of the department but loyal to the Minister;
  • A policy adviser trained in economics or other relevant disciplines and distinguished by clarity of thought;  and
  • A "wordsmith" who understands the broad thrust of the desired reforms, the detail of the associated arguments, and the art of rhetoric.

This may be a tall order for a junior Minister in a minor department, but it is almost essential for success with a major portfolio.  The Minister must be ready to sack people who do not perform, usually on the advice of the office manager.  Jobs on Ministers' staffs are not well paid for the quality of people needed, and the hours and conditions are appalling, but there is compensation in the opportunity to build a reputation where it matters and in the special excitement of being close to power.

Most Ministers do not pay nearly enough attention to the quality of their staff.  A good Minister with a good team is formidable in Parliament, in Cabinet and in his department.  Much of the strength of the Hawke Government has been due to the absence of party hacks in key staff positions.


4.6 MANAGING THE WORKLOAD

It is not the Minister's job to attend to detail.  The oldest trick in Sir Humphrey's book is to snow him with it;  if the Minister and his team are good they will recognise a snow job when they see one and refuse to accept it.

Nor is it a Minister's job to wet-nurse his colleagues' constituents.  MPs butter up their constituents and avoid the odium of saying No by passing all sorts of requests from constituents to the relevant Minister.  These representations are passed from the Minister's office to the department which prepares a reply.  The process takes weeks or months and is usually a great waste of time.  Most representations could be sorted out with a telephone call from the MP's staff to the local office of the department or agency concerned.  One reason the Fraser Government set up the Immigration Review Panel was to reduce the Minister's load of representations.  Constituents' right to ask their MPs to intervene in bureaucratic decisions should not be limited, but it is sensible policy to provide extra-departmental review bodies (like the IRP) for departments whose decisions produce large numbers of dissatisfied people.  All departments should have effective, senior Parliamentary Liaison Officers and MPs should be encouraged to deal with them rather than with the Minister.  The Minister's staff should pass all representations to the Parliamentary Liaison Officer for attention except for ones that involve matters of principle or high politics.  These alone should have a claim on the Minister's time.

Representations from the influential and the wealthy are the bane of democratic government.  Chief executives of big companies, lobbyists and senior union officials have come to expect ready and private access to Ministers.  Their influence has diverted governments' attention from the national interest towards that of various sectional interests.  It has been instrumental in gaining privileges for sectional interests -- particular interest groups, firms or industries, the union movement or members of particular unions, etc. -- at the expense of the community.  Public choice economists show how the cycle of influence and privilege can account for much of the economic difficulty Australia is now in. (1)

There is no easy solution to this problem.  In any political system, there will be influential people whom the government must treat carefully.  In democracies they inevitably include people who can exert some control over the lives of significant numbers of voters -- large employers, some union leaders etc.  In other polities, they include generals, admirals and secret police chiefs.  The democratic system seems preferable.

Nevertheless, the whole point of democracy is to minimise the political power and privilege that accompany wealth and "influence".  Ministers can make a start by explaining carefully and often and in public that government should not be carried out by arrangements between powerful individuals behind closed doors, and that no favours will be granted that way.  They will not be believed at first, but if they can hold out for a while the torrent of self-interested representations will decline to a trickle.  Each time they say No they make the next time easier.  They should in public and in private make a point of setting the national interest ahead of any sectional interest.


4.7 MINISTERIAL RESPONSIBILITY

No Prime Minister has a large enough pool of Ministerial talent, and it is a waste to have a competent person stuck on the back bench for a departmental error or a minor personal error.  The old convention of strict, personal responsibility for every action of the Minister's department is impractical, given the size and complexity of government now.  At the beginning of his term the incoming Prime Minister should make it clear that Ministers will have to answer only for their own competence and integrity;  if the occasion arises he should ensure that they do so.

In the long term, let us hope that one day government will again be small enough to make the strict Westminster tradition practical.


ENDNOTES

1.  For example, M. Olson, The Rise and Decline of Nations, New Haven, Yale University Press, 1982.



APPENDIX A:  THE LABOUR MARKET

The Conciliation and Arbitration (Freedom of Association) Amendment Bill.

The Bill was drafted in 1985 by Parliamentary Counsel at the request of Mr A.C. Rocher, MHR.  The long title is "An Act to amend the Conciliation and Arbitration Act 1904 so as to implement the principles of freedom of association, and for related purposes".  What follows is a brief description.  Clauses not mentioned mostly make minor changes necessitated by, the major provisions.  "Organisation" means a registered trade union or employer association.

Clause 2 provides eight weeks between the royal assent and commencement of operation, to allow time for affected parties to arrange their affairs.

Clause 3 amends the Arbitration Act's section 2 ("The chief objects of this Act are ...").  It changes the emphasis from "encouraging" to "facilitating" unions and employer bodies, and adds "to maintain the freedom of persons to choose whether or not to be members of" unions or employer bodies.

Clauses 4 and 5 take demarcation disputes out of the Commission's jurisdiction.

Clauses 4 and 7 remove the Commission's "power to grant preference to members of an organisation" -- in other words to disadvantage non-members.

Clauses 8 and 11 provide for regulations to cover situations where an employee is eligible to be a member of one or more unions, and in consequence might come under more than one award.  Mr Rocher envisages that employees in such circumstances would have one month in which to opt for one or other award, failing which the decision would be made for them by the Industrial Registrar.

Clause 15 removes the Registrar's power to refuse to register an organisation "if an organisation, to which the members ... might conveniently belong, has already been registered".  It also removes the Commission's power to grant one union the 'right to represent ... a class or group of employees ... to the exclusion of" other unions.  Correspondingly, clause 16 restores to unions the right to decide whom to admit to membership.

Clause 18 inserts a new Part XA into the Act, entitled "Prohibition of Acts of Discrimination &C., in relation to Membership or Non-Membership of an Organisation and Other Matters".  This spells out and provides a mechanism for enforcing (in the Federal Court) the freedom of association implied in earlier clauses.  It replaces the existing provisions protecting unionists and union activity, but does not weaken them except in so far as it extends protection to non-unionists and members of other unions.  The objective is to reduce the monopoly power of trade unions and employer organisations, and especially to end the use of the coercive power of the state to support it.  The provisions cover situations in which an employer is coerced by members of one union to act against a non-unionist or a member of another union, and bind the Commonwealth as an employer.

Other clauses make technical amendments.

As it stands, the Bill does not bind the States or extend to State jurisdictions.  If the Government wishes to achieve this, it is probably best done by a separate Bill explicitly to introduce the freedom of association provisions of the ILO Convention on Freedom of Association and Protection of the Right to Organise and the International Covenant on Civil and Political Rights, which are very similar, into domestic law.  Australia is a party to both, and it is almost certain that such a law would be upheld by the High Court as a valid exercise of the external affairs power.  The effect of such legislation would be to invalidate Commonwealth and State laws that were inconsistent with it.  The present Bill would make Commonwealth industrial law conform to the international human rights documents;  the States would probably amend their laws accordingly.



APPENDIX B:  WELFARE

Simplification of Social Security and Tax

1. INTRODUCTION

This scheme was first proposed by D. Dixon and C. Foster, An Alternative Path to Integration of Social Security and Income Tax Arrangements, Canberra, AGPS, 1983.  It appears in more developed form in D. Dixon and C. Foster, "Simplification of Social Security and Tax", (paper presented at 14th Conference of Economists, Sydney, 13-17 May 1985), on which this appendix relies.  Although passages in inverted commas are quotations from this paper, the discussion below differs from it in many matters of detail and readers should not assume that it necessarily represents the views of Dixon and Foster.

Dixon and Foster point out that one of the major disadvantages of proposals to integrate tax and social security systems is that they depend on "quite radical changes to the tax system.  The changes required of the social security system by contrast are more manageable.  Essentially the question has to be asked as to whether improvements to the social security system should wait for the overhaul of the tax system."

Since a similar distribution of incomes can be achieved by a variety of tax and social security approaches, there is in principle no reason why the social security system cannot be "fully responsible for providing income support to individuals with adjustments to those payments to take into account horizontal and vertical equity considerations.  This does not mean that equity considerations should be disregarded in tax design.  In setting rates of pension and benefit it would still be necessary to take account of horizontal equity issues particularly between beneficiaries and low income persons in the workforce."

Under the proposal "the private income of pensioners is not assessed by the tax system, it is dealt with by the social security system."  This simplifies the system for administration and pensioner alike.  The administration gains because the number of taxpayers is substantially reduced (and most of these are people with small incomes, but a much higher proportion of interest, dividend and other non-PAYE-deducted income than average:  they pay little tax but it is complicated to assess).  Pensioners gain because they no longer have to supply information on income and earnings in different forms at different times to two government authorities (and for an elderly widow faced for the first time in her life with paying provisional tax this is a substantial gain).


2. OUTLINE OF THE PROPOSAL

The main features would be:

  • Exemption for pensioners from paying tax;
  • Abolition of the pension income test free area;
  • A compensatory increase in the basic rate of pension;  and
  • A progressive income test.

Abolition of the income test free area and a compensatory increase in the basic pension rate "would overcome the problem the free area shares with the tax threshold of providing little or no benefit to those with little or no income".  Dixon and Foster also point out that an increase sufficient to provide full compensation for the loss of the free area would also increase the basic rate of pension to the Hawke Government's target of 25% of average weekly earnings at much lower cost than increasing the pension and retaining the free area.  The question of compensation is discussed further below.

The basic withdrawal rate of the income test must substitute for the present 50% rate plus a 25% or 30% tax rate.  Revenue considerations prompt a high rate;  incentive considerations prompt a low one.  Dixon and Foster propose 60%.  So as not to apply this rate to modest private incomes, a lower withdrawal rate would apply for income between nil and a threshold corresponding to the current free limit.  Dixon and Foster suggest 25%.  The threshold need not be the same as the current free limit, and should be adjusted in line with a suitable index to prevent its value being eroded by inflation.

Pensioners with private incomes will lose from the abolition of the free area.  The loss to someone with an income on or over the free limit will be the amount withdrawn by the new scheme on income up to the old limit.  With a 25% clawback and threshold at the free limit of $40 ($60 married), the loss would be $10 ($15).  Increasing the basic rate of pension by these amounts would compensate all those with private incomes over the threshold and over-compensate those with less.

This would involve increased net expenditure, but the least well-off would benefit most.  Less than full compensation would still overcompensate those with small private incomes but would start to under-compensate people with private incomes somewhat below the present free limit.

The variables (compensatory increase, two clawback rates and the threshold between them) can be adjusted to produce the desired effects on income distribution among pensioners and on total expenditure.  Dixon and Foster estimated that their proposal (full compensation, rates of 25% and 60%, and the threshold between them at the old free limit) would have increased expenditure by about $1 billion in 1984-85, say $1.4 billion in 1987-88.  The budgetary constraints are tighter now than they were in 1985, and the government is unlikely to have room for substantial extra spending (especially if it also accepts our recommendation to eliminate the Pensioner Health Benefit card poverty trap).  We expect that somewhat higher clawback rates (perhaps 28% and 65%) would be chosen, together with slightly less than full compensation for the abolition of the free area.  Even a clawback of 65% is substantially less than the current, combined tax and income test marginal rate, and less than full compensation still leaves the poorest pensioners substantially better off.

A higher initial clawback rate will be required if our preferred PHB card proposal is accepted.  (See Section 6.4 of the Welfare chapter.)


2.1 Unemployment Benefit

It is important for there to be differences in the financial positions of pensioners and unemployment beneficiaries.  The pension is intended to provide a modest but tolerable standard of living for an indefinite period;  in principle unemployment benefit should provide an intolerably low standard of living in order to maintain the incentive to seek work.

In present labour market conditions this principle should not be too strongly applied:  where minimum wage laws, award conditions, and restrictive practices (mostly imposed or endorsed by government) effectively keep many people out of work, it is unjust to use a very low unemployment benefit in an attempt to force them to seek employment.

At present, unemployment benefit rates are slightly lower than pension rates (much lower for juveniles), the income test free area is smaller, and there is a 100% clawback rate for private income over $70 per week.  Unemployment beneficiaries are also denied rent assistance and certain fringe benefits.

Corresponding arrangements can be incorporated in the new scheme.  Because of the small free area, a full compensatory increase in the basic benefit will slightly increase the differential between pension and benefit for the poorest.  For simplicity, the benefit income test should probably use the same clawback rates and thresholds as that for pensions, up to the point where the 100% clawback rate sets a ceiling on beneficiaries' total income, but this is not essential and may be overridden by fiscal or work incentive considerations.


2.2 The Assets Test

The assets test can if necessary remain almost unchanged for the introduction of the new scheme, with which it would interact no more than it does with the present income test.  It might be desirable to adjust the assets test thresholds downwards slightly to counter the expenditure increase that would otherwise be caused by the increase in the basic rate of pension.

The proposed changes to the assets test to increase equity between those who do and do not own their own homes, described in section 6.3 of the Welfare chapter, are compatible with the simplification scheme.

Consideration should however be given to altering the basis of the assets test at the same time as introducing the scheme.  We suggest that the assets test in its present form be replaced with a system of imputing income to the pensioner or beneficiary in proportion to the value of the assets, and incorporating this notional income into total income for means test purposes.  As at present, there could be a threshold to exempt a certain value of assets, and income could if politically necessary be imputed to various classes of assets at different rates (for instance homes at 5% and other assets at 10%).

If this were done, administration would be simplified as pensions and benefits could be paid on the same basis to home-owners and to tenants, with or without assets, and rent assistance as such would not be needed.  It would also bring the concept of imputed income into public view in a context other than tax reform.  This could help gain public acceptance of subsequent income tax reforms that would reduce the present inequity in treatment of owners and tenants.


2.3 Pensioners aged 70 and Over

At present a special income test applies to pensioners aged 70 and over.  This is an undesirable complication which exists for historical reasons and assists only a small proportion of pensioners (many of those who formerly benefited from it now have their pensions limited by the assets test, which has no special age provisions).  Those it does benefit are far from being the poorest.

When the new scheme is introduced, pensioners over 70 should be subject to the same income test as others.  (If this is felt to be politically unacceptable, a "grandfather clause" should be used to protect pensioners who have passed their 70th birthday at the time of implementation.)


2.4 Rent Assistance

Rent assistance is available to the poorest pensioners paying more than $10 per week rent, and is an important exception to the social security system's usual unfair treatment of poor renters.  At present the amount provided depends on the amount of rent paid and an income test with no free area.  The rent assistance income test needs to be modified when the new scheme is introduced to avoid adding its present 50% clawback rate to the 25% or 30% of the new scheme, thus imposing the system's highest marginal "tax" rates on its poorest beneficiaries.  The rent assistance clawback should preferably be set at the difference between the two rates of the pension income test proper, but this would involve some increase in expenditure and a higher rate might have to be used.

When the proposal in the Housing chapter to end Commonwealth support for State government housing programmes is implemented, some of the saving should be directed to increasing rent assistance (if it still exists:  see next paragraph).

If the present assets test is replaced by a test of actual and imputed income, as suggested above, the pension and benefit rates and income test clawbacks and imputation rules can be arranged to achieve equity between home-owners and tenants, and rent assistance will be unnecessary.


3. SPECIAL TAX SCHEDULES

If the variables of the new scheme are set to produce financial outcomes generally similar to the present ones, the private income at which pensions cut out and pensioners return to the tax system will be well above the threshold for paying tax.  This would cause a poverty trap at which a dollar extra private income would both cause withdrawal of the last few cents pension and incur a tax liability of hundreds of dollars.  It is therefore necessary to provide a special income tax arrangement for persons otherwise eligible for a pension whose private income exceeds the relevant pension cutout point.

This is simply achieved by taxing such people either on the standard schedule or at the top pension clawback rate (probably 60%-65%) on income over the pension cutout point, whichever involves less liability.  This produces a smooth transition from pension via special schedule to standard schedule except for a drop in marginal rate to 30% or 46% at the point of transition to the standard schedule.

Dixon and Foster also point to the need for a special tax schedule to facilitate transition from the tax to the social security system or vice versa.  It "would be the normal tax schedule but scaled down in proportion to the part of the year for which the person is in the tax system.

"The case for this arises from the argument that persons who are not liable to taxation for part of the year should not be eligible for taxation concessions which cover the whole year ...  Under the special tax schedule persons who retire or become unemployed would not have to wait until the end of the financial year to acquit any outstanding liabilities or receive any tax refunds.

"The special tax schedules will increase the tax liability of those who have relatively high incomes for one part of the year if they choose to apply for a pension of benefit."  This helps achieve equity between high and low income retirees and between people with stable and with fluctuating incomes.  It increases tax liability on incomes which are received during only part of the year, but also provides higher payments to those most in need of income.  It would also make it less advantageous for people whose incomes stem from very highly paid very seasonal jobs to claim unemployment benefit during their off season.


4. COVERAGE

The new scheme should ultimately cover all pensioners and beneficiaries.  The administrative task of transferring all pensioners and beneficiaries to the scheme in a single year would be quite large, and the Government might prefer to introduce the scheme in stages.  The first category to be included should be age pensioners, who (a) gain most from the simplification and (b) offer a simpler administrative task because very few people once retired move back into the full-time workforce and thus shift from "pensioner" to "taxpayer" under the new scheme.  Phased introduction might also make it possible to get the scheme into operation a year earlier than if all pensioners and beneficiaries were to be included from the start.

A major administrative burden of introducing the scheme comes with unemployment and sickness beneficiaries, many of whom have alternating spells of employment and unemployment during the year.  Ideally people would acquit their tax liabilities at the time of signing up for benefit, using the tax schedule appropriate to the fraction of the financial year that has elapsed or the length of employment, as appropriate.  This is fine if a refund is due but may cause problems with a debit assessment.  Dixon and Foster propose allowing optional end-of-year tax reconciliation, in which the tax schedule would be that appropriate to the proportion of the whole financial year during which benefit was not received.  This would protect everyone except those who received a debit assessment for the whole year and were unemployed at the end of the financial year.  Since PAYE deductions are made on the basis of weekly income, they would cover the tax liability of most people in short-term employment.  A withholding tax would further reduce the prevalence of debit assessments.

It should be remembered that introduction of this scheme does not affect the case for simplification of the income tax system proper.


5. ADMINISTRATION

"Full year pensioners would provide two sets of data each year to the Department of Social Security (or some other organisation).  The two sets of data would be provided at the same time:

  • The first would be essentially the same as is currently provided in respect of the pension income test, namely expected annual income for the coming year;  and
  • The second would basically replace the existing tax return.

"This approach would enable much improved reconciliation of pension payments.  Pension entitlement would continue to be determined on the basis of the prospective statements of income but would be automatically revised for future periods on the basis of the annual ex-post returns of income."  Pensioners with unpredictable private incomes would probably find it wise to make more frequent declarations of income and have pension payments adjusted accordingly, both to achieve a steadier income flow and to avoid the possibility of overpayment of pension and the inconvenience or hardship of repaying it.

"The special tax schedule is designed to cope with part year pensioners and beneficiaries and it would be possible for the Department of Social Security, acting as an agent for the Tax Office, to acquit a person's tax affairs for the period up to when he or she becomes a pensioner."


6. GAINERS AND LOSERS

In the short term, changes in the social security system tend to be a zero-sum game in which, throughout the community, the winners' gains and the losers' losses balance.  In the longer term, net effects appear as beneficiaries and taxpayers respond to the changed incentive structure, and government (and taxpayers) cope with the administrative and financial changes.  The present scheme will be no exception.

We must also distinguish between changes in total transfers from the "taxpaying sector" to the "beneficiary sector" on the one hand, and relative changes in the financial position of various groups of pensioners on the other.


6.1 Short-Term Changes

For any given level of expenditure, the scheme outlined above would tend to benefit the poorest pensioners and beneficiaries at the expense of those with substantial private incomes.  Many married couples would benefit because the new scheme would effectively allow "income splitting" (the present system is inequitable in treating couples with the same gross private income differently depending on whether the tax rules allow the income to be effectively split or not).  Pensioners with large private incomes will benefit from the lower effective "tax" rate.  The amount depends on the clawback rate chosen.

The people who would lose the most are those over-70-year-olds who now benefit most from the special income test (unless of course there were a special exemption for them).

Increases in expenditure on social security of course tend to benefit all pensioners at the expense of all taxpayers.

Implementation of the scheme as proposed by Dixon and Foster would lead to substantial gains for all the poorest pensioners and most others, at a cost of about $1 billion extra annual expenditure for all pensioners and beneficiaries or $500 million for age pensioners only (say $1.3 billion and $650 million in 1987-88).

Given the budgetary constraints, however, we expect that the Government will have to adjust the rates and thresholds to introduce the scheme with little or no net increase in expenditure.


6.2 Longer-Term Changes

In the long term the scheme offers worthwhile administrative economies by substantially reducing the number of taxpayers.  This will enable Tax Office resources first to be directed at fewer targets and then (over many years, as the tax system is simplified) to be reduced.

"Second-round" or "social" gains include increased equity, both vertical, as a greater proportion of expenditure goes to the poorest, and horizontal, as people with similar gross private incomes receive similar treatment.  A simpler system can make detection of cheating simpler and will certainly reduce the extent of inadvertent "cheating".  The lower effective "tax" rates will increase the incentive for part-time employment and reduce the incentive to cheat by not declaring it.



APPENDIX C:  THE ENVIRONMENT

A National Conservation Strategy for Australia

For background, see the 1982-83 Annual Report of the Department of Home Affairs and Environment.  The document "A National Conservation Strategy for Australia Proposed by a Conference held in Canberra in June 1983" (NCSA) was sent by the Prime Minister to State Premiers and the NT Chief Minister, and was tabled in Federal Parliament in December 1983.  What follows is an extract from the NCSA.


OBJECTIVES

  1. The three main objectives of living resources conservation identified in the World Conservation strategy have been adopted for the NCSA.  They are:
    1. "to maintain essential ecological processes and life-support systems (such as soil regeneration and protection, the recycling of nutrients, and the cleansing of waters), on which human survival and development depend;
    2. "to preserve genetic diversity (the range of genetic material found in the world's organisms), on which depend [sic] the breeding programmes necessary for the protection and improvement of cultivated plants and domesticated animals, as well as much scientific advance, technical innovation, and the security of the many industries that use living resources;
    3. "to ensure the sustainable utilisation of species and ecosystems (notably fish and other wildlife, forests and grazing land), which support millions of rural communities as well as major industries."
  2. An additional and no less important objective for Australia is to maintain and enhance environmental qualities which make the earth a pleasant place to live in and which meet aesthetic and recreational needs.
  3. In the context of these objectives, the role of development is to use resources to:
    1. provide for the essential needs of individuals and society;
    2. generate economic wealth which enables the community to enhance its standard of living and to pursue educational, cultural and recreational interests including preserving its heritage;  and
    3. provide economic capacity which helps society to practise resource conservation which in turn enables sustainable development.
  4. It follows that implementation of the Strategy must have regard for the general economic climate, which has an important bearing on the speed with which the Strategy can be implemented, and for the inability of Australia to isolate itself from the world economic system.  It also requires a proper accounting of the costs and benefits to society.
  5. Australia's important role as a reliable supplier of food and resources is also relevant.  Consistent with other objectives this can afford opportunities to minimise the extent of environmental degradation around the world.  Trade also provides for the distribution of other economic benefits which themselves can facilitate global strategies for sustainable development.

[Words in italics were emphasised in original;  underlining is added emphasis.]


Mining and Export of Uranium

The arguments in favour of the mining and export of uranium are straightforward, which is why most scientists do not oppose it.  Most of the opposition stems from ignorance, fear and misinformation:  what Senator Gareth Evans has called the "Kryptonite mentality".


COAL VERSUS NUCLEAR

Coal mining, the only alternative long-term source of large-scale power supply currently available, is, by comparison with nuclear power, an exceedingly dangerous industry.  Thousands die every year in mining and from mining-related, mainly bronchial, illnesses.  Far more insidious and far more dangerous however, are the downstream health effects.

The US Department of Health has estimated that more than 50,000 people die each year from diseases caused or exacerbated by fossil-fuel-induced pollution effects (mainly from coal-fired power stations) in the northern hemisphere alone.  In addition, to the extent that exploitation of nuclear power can provide cheaper and more reliable domestic heating, the winter death rate among the old and the poor in northern countries is reduced.

Another effect related to the cost of available heating is more ironic, more subtle and probably equally massive in effect.  After smoking, one of the most important causes of lung cancer is exposure to the gas radon.  Radon, which occurs at very low concentrations throughout the atmosphere, is released by the natural radioactive decay of underground uranium (small amounts of uranium are common in rock).  Significant exposure of ordinary people to radon only occurs in not-very-well-ventilated buildings:  effective ventilation removes the radon seeping from underground or released by the minerals in the fabric of the building.  When people insulate and draftproof buildings to conserve fuel they reduce ventilation.  For example, Sweden has halved its household ventilation rates in recent decades, and tripled average radon concentrations.  The increased death rates associated with this effect cannot yet be accurately determined.

In comparison, until recently the nuclear power industry was without a single known death.  Chernobyl, considered to be the worst possible accident type, in an unprotected (by western standards) reactor, located near major population centres, will result in at most a few thousand deaths in the long term.  (In the light of reports on how the Chernobyl reactor was being run, "accident" seems the wrong word for that disaster, but equivalent accidents in properly-run reactors are not inconceivable.)  When contrasted with the annual death rate resulting from the use of coal-fired power instead of nuclear, amounting to almost certainly 100,000 and probably many more, the picture becomes starkly clear.

Other relevant considerations include destruction of forests and crops by acid rain, destruction of historic buildings from similar causes, and the possibility of disastrous results from the "greenhouse effect".


NUCLEAR WASTE

Here too the situation is clear.  Low-level radioactive waste when dumped becomes literally a drop in the ocean of sea water's natural radioactivity.  The small quantities of high-level waste elements can be securely "imprisoned" in synthetic, naturally occurring, crystal lattices where they are known to have remained immobile for billions of years.  These small packages of stable material can then be sealed thousands of metres below the surface, in geological environments also known to have been undisturbed for extremely long periods.

The Environment

1. INTRODUCTION (1)

In times of economic difficulty it is more important than ever for governments to be aware of the economic effects of public sector activity, whether this involves legislation, regulation, or the actions of government agencies and trading bodies.  One area in which the economic effects of government actions are often ignored is environmental policy.


1.1 A BASIS FOR ENVIRONMENTAL POLICY

It can be argued that environmental matters are not an appropriate area for government involvement, and that a free market in claims upon the environment and in environmental problems would optimise the quality of life (economic and otherwise) of the community.  For such a market to produce optimal results there must be readily enforceable and appropriately distributed private property rights in all significant environmental features (air, quiet, water, land, views, minerals, etc., etc.).  Despite certain attractions, this is outside the realm of practical politics in Australia today.

A practical environmental policy must balance the conflicting demands of conservation and development, within the constraints (social, economic, political, legal) imposed by society.  In a democracy, it is not possible to ignore the fact that many people, possibly a majority, believe that some features of the environment have values independent of any that man or his markets might ascribe, and that some people believe that conservation of such features is an absolute imperative.

We therefore take as a basis the conventional conservationist position that the environment includes irreplaceable and limited gene pools, ecosystems, and other features;  that existing conservation areas are often particularly rich in these;  and that some of them will turn out to be of enormous benefit to man (and no one can predict which).

We must all nevertheless recognise that the economic cake is not infinite, and that only a wealthy, well-educated, leisured society has the resources to make environmental conservation one of its priorities.  Unfortunately, conserving environmental features usually means denying the community the opportunity to exploit natural resources;  this reduces economic growth and with it the community's ability to conserve.


1.2 THE NEED FOR COMPROMISE

In other words, compromises must be made, based on the costs and benefits of development or conservation.  Where activities are of low net environmental cost and high net economic gain (for instance, a highly productive underground mine, able to be rehabilitated and not endangering any endemic species) they should be permitted.  This approach is in accord with the letter, if not the current practice, of the existing National Conservation Strategy for Australia (see the Appendix to this chapter) endorsed by Commonwealth and State governments and by conservation groups.

The problem remains, however, of ensuring that aesthetic, scientific and conservation values are given neither too little nor too much weight.  At present, the system encourages conservation groups vociferously and dramatically to adopt positions absolutely opposed to development (supine in front of a bulldozer, for example).  When conservationists believe they have nothing to gain from development, and something to lose, absolute opposition makes sense;  the need to attract media coverage to exert pressure on developers and politicians, especially in situations where conservation groups have no formal standing, explains most of the histrionics.  Much of what follows is aimed at engaging conservationists in constructive, responsible compromises between preservation and development.  This will be acceptable to the large majority of conservationists and will help isolate the few whose conservationism is a faƧade for a radical political agenda.


1.3 SCOPE AND AIMS

We consider environmental policy only so far as it impinges significantly on the economy.  The Commonwealth's direct responsibility is confined mainly to the Northern Territory and offshore areas, but most of the recommendations are directly applicable to the States, which might follow the example of effective and responsible Commonwealth policies.  In any case the Commonwealth has responsibility for the four largest economic burdens imposed in the name of conservation -- Jabiluka, the Barrier Reef, Fraser Island and the Franklin River.


2. ECONOMIC EFFECTS OF CURRENT POLICIES

Economic penalties of environmental policy can be clearly divided into two areas:

  • Regulatory interference with employment-, profit-, foreign-exchange- and revenue-generating activities.
  • Commonwealth expenditure on environmental matters.

The first of these has by far the greater effect.


2.1 REGULATORY EFFECTS

Many environmental regulations have negative economic effects:  for instance, the near-total ban on economic activity in National Parks and other reserved areas, the quota on kangaroo culling, the prohibition on export of flora and fauna, and the mandatory transition to unleaded fuel.  All are well-meant, most have little impact on the economy as a whole, and some have sound thinking behind them.

In the last category for instance, the general prohibition on wildlife export at first sight prevents the development of trade in abundant species.  It has, however, been repeatedly estimated that the cost of providing customs officers trained to identify rare (and highly-valued) species upon export would outweigh the potential benefits.

In contrast, the quota on kangaroo culling is probably counterproductive (as farmers resort to illegal poisonings in a perceived need to protect their livelihood), pointless (since kangaroo abundance or scarcity provides a self-regulating mechanism), ridiculous (since the three species under quota are by far the most abundant kangaroos while the other 45 species, some exceedingly rare and endangered, receive no public attention);  it is commonly regarded as a waste of time, funds and resources by the authorities.  Nevertheless the minor economic benefits of abolition and the noise that would be made by the anti-killing lobby make such a course of low priority.

The cost of switching to unleaded petrol is substantial but difficult to quantify and, with the full health effects not clear, is probably difficult to oppose.  (The rotten-egg gas sometimes given off by catalytic converters shows how easily attempts to tackle one environmental problem may give rise to another.)

The most costly regulations are those preventing economic activities within National Parks, National Estate areas, and the like (referred to below as "conservation areas").  We therefore consider these in some detail.


2.2 ECONOMIC ACTIVITY IN CONSERVATION AREAS

2.2.1 Intensive and Extensive Economic Activity

When considering the potential for economic activity within conservation areas we must distinguish between intensive and extensive.  Intensive activities focus on particular sites:  for example, mines, factories.  Extensive activities tend to use most of the land rather than particular parts of it:  crops, grazing, some kinds of forestry, the depredations of introduced pests.  The distinction is not hard and fast:  a very large open-cast mine in a very small conservation area will devastate it as effectively as clear-felling (but rehabilitation is possible, although slow, after either);  intensive activities sometimes have extensive side-effects (e.g. pollution) although these would be controlled if there were sufficient incentive to do so.

A new policy should recognise that the vast majority of ecosystem and
gene pool damage is the result of extensive activities (grazing,
cropping, introduced pests, certain forestry) rather than intensive ones,
and should permit intensive activities of high economic benefit and low
environmental cost (certain mining, power transmission, dams etc.) in
conservation areas under strict impact assessment.  Penalties for
breach of guidelines should make compliance cheaper than paying the
fines.

Simultaneously, the Government should consider an early and
substantial increase in conservation areas.


The reason for making the distinction is that the environmental resources that most people want conserved, but for the conservation of which there is now little economic incentive (ecosystems, soils, waters, gene pools, scenery, species, forests etc.), are themselves almost always of an extensive nature, and are seldom threatened by intensive (localised) activity.

Most opposition to the declaration of conservation areas comes from proponents of intensive activities (notably miners and dammers).  Extensive agricultural or pastoral activities seldom conflict with proposed conservation areas, mainly because these industries already occupy most suitable land, and their degraded expanses are rarely considered attractive for environmental claims.  Clear-felling forestry and high-country grazing are the principal exceptions;  no such disputes fall directly under Commonwealth jurisdiction.


2.2.2 New or Enlarged Conservation Areas

A policy such as this would greatly reduce opposition from competing interests to declaration of new or enlarged conservation areas.  Some proposals for funding and management of these are made below.

Through means such as this the active support rather than opposition of conservation groups could be gained.  Such a policy would deliver both a net improvement in genuine environmental protection and an increase in the community's economic wealth (and thus its ability to safeguard and enjoy its environmental wealth).


2.2.3 Costs of Conservation

It is not easy to estimate the total cost to the national income of present restrictions on economic activity in conservation areas.  We can, however, offer very rough estimates of some of the benefits foregone.


Onshore Minerals

Total mineral exports in calendar 1984 were approximately $10,300 million or around 40 per cent of total exports.  Approximately 4 per cent of Australia's land surface is estimated by the Australian Minerals and Energy Council (AMEC -- a standing committee of Mines and Energy Ministers) to be in National Parks.  Heritage areas, and other areas in which mineral exploration and mining are prohibited for environmental reasons, further increase this figure.  The total proportion of the land surface area unavailable, or available only with severe restrictions (including Aboriginal land, urban areas and military areas), is estimated at 23 per cent.  Taking a figure of 6 per cent as the total area excluded on environmental grounds, and assuming prospectivity similar to the remainder of the continent, yields proportionately an export figure of $618 million.  Since conservation areas are weighted in distribution toward the coast (in which locations most mining becomes much more economic) there is no reason why prospectivity may not be greater.

These figures provide no solid indications and the annual income foregone may be much smaller or much greater.  Since virtually all mineral products are either exported or are straight import replacements, the appropriate figure can be deducted straight from the trade deficit.

In a few cases some mineral exploration took place prior to the imposition of environmental restrictions and there is therefore some knowledge of embargoed mineral reserves.  Even then no upper limiting figure can ever be known with certainty.

The Mineral Sands Producers Association has estimated that $1500 million of proven mineral sands reserves are locked up on Australia's east coast.  The vast majority of this is due to environmental restriction on four deposits -- Fraser Island, Moreton Island, Cooloola and Myall Lakes.  Although devastating in the short term, mineral sand mining is in fact eminently well-fitted for rehabilitation.  After removal of the one to five per cent of valued product the otherwise unaffected normal beach sand can be replaced in identical form and position, and revegetated with the (usual) low heath vegetation in a fairly short time.  The first two deposits above have export licences refused under the Australian Heritage Act, even though in both cases the area proposed for mining (and rehabilitation) was a tiny fraction of the area placed on the Register, and even though in both cases the remainder was proposed for conservation by State government.

The Fraser Island and Moreton Island projects should be given
immediate go-ahead.


The refusal of export licences is simply reversed by Ministerial decision but it is not clear if this is possible under the existing wording of the Act (see section 4.3 below).

The Northern Territory Chamber of Mines has estimated the additional mineable reserves of uranium U308 alone in Kakadu National Park as at least a million tonnes, worth approximately $66,000 million at $30/lb.  Given the very limited exploration that has occurred reserves could be much greater.  There are proven reserves of 207,000 tonnes at Jabiluka and 13,000 tonnes at Koongarra with many other favourable targets.  Jabiluka had firm contracts for 17,000-27,000 tonnes ($1,122-$1,782 million at $30/lb) and advanced agreement for 55,000 tonnes ($3,630 million).  First stage annual capacity is 4,500 tonnes of uranium and 15,000 ounces of gold ($305 million p.a.) expandable to 9,000 tonnes a year ($710 million p.a.).  The markets are there, in greater size than this, and are currently supplied by Canada, South Africa and the USA, so Australia is directly foregoing this revenue and probably much more.  The question of mining and export of uranium is examined in the second part of the Appendix to this chapter.

The Ranger mine is an excellent example of a typical high-value, intensive mining venture operating with minimal effect on the surrounding national park.  The majority of the local Aboriginal community, at first doubtful about the project, now support further mining.  Ranger's success in blending highly rewarding (for Australia) mining activity with maintenance of conservation values should show the way for future optimal environmental policy.

Immediate go-ahead should be granted for Jabiluka (and later
Koongarra).


This project is currently halted by the withholding of sales approvals, which can be rectified by ministerial decision.

Exploration for, and mining of, further deposits is possible with a new "Plan of Management" but this requires the approval of both Houses of Parliament.  Substantial foreign capital expenditure would occur in any further exploration or mining construction.  Mineral exploration is not normally damaging to the environment in any significant way, but a strict set of guidelines can easily be formulated for even greater safety.

Legislation and Plans of Management for conservation areas should
be amended to allow mineral exploration according to a standard strict
code, and mining subject to impact assessment.  Where an
underground mine is proposed, the burden of proof in the assessment
process should rest upon those opposing the project.


Franklin Dam

The Tasmanian government was compensated to the tune of $277 million in 1983-84 for the Commonwealth's veto of the Franklin Dam, having refused to relinquish the dam voluntarily for this sum.  Presumably, therefore, this is a rough indication of the discounted present value of future economic benefits foregone by Tasmania (and Australia).  The dam was halted first and the cost calculated later.

It may be argued that the Franklin Dam should not be considered as an intensive activity, but in fact it is an indication of the extensive nature of many environmental resources that the proposed dam would have occupied 1 per cent of the South-West heritage areas, and that despite the intensive scrutiny, it eventuates that no species or localised populations of any kind were threatened.  The only localised feature threatened was a large cave of archaeological interest, which could (in an operation reminiscent of the Aswan monuments) have been be intensively excavated prior to flooding.  Ultimately what was saved was scenery, and it is a matter of individual opinion whether some better use could have been found for $277 million of taxpayers' money:  schools, hospitals, deficit reduction, or other environmentalist projects.  No sensible debate was conducted on this point.  A possible way of finding the value of the dam would be to tell the Tasmanians they could build it after all -- if they paid back the $277 million first.

As discussed in the Government and Administration chapter, people
should always ask of any government expenditure, "Is this really the
best use of this money?"


Offshore Petroleum

The Great Barrier Reef Marine Park currently covers some 98.5 per cent of the reef area, a massive 348,700 km2, larger than the UK and Ireland combined.  Oil exploration is forbidden throughout the reef area, most of which is considered prospective for petroleum.  Without exploration no proper estimate of reserves is possible, but taking an average proven reserves figure (181 barrels per square kilometre in 1984) for the rest of Australia and its continental shelf gives a pro-rata figure of 63 million barrels worth $I,900 million at A$30 per barrel.

Large amounts of expenditure would be undertaken within Australia by companies exploring this region even if no commercial fields were discovered.  Substantial revenue would accrue through a permit bidding system.

Even a massive oil spill would endanger (temporarily) only a tiny proportion of that reef which is at or above water level, itself a tiny proportion of the entire reef.  Modern techniques give the oil industry an excellent safety record in this regard, and techniques are available to counter any conceivable spill:  the problem is to ensure that they are used.

The Government should permit oil exploration on the Barrier
Reef.  Permit conditions should ensure that explorers have the
resources or insurance cover to pay for adequate clean-up after any
spill;  a proportion of the permit auction fee and of any resultant
revenue should be set aside to provide a substantial insurance or
fighting fund adequate for any contingency.


Petroleum exploration and/or production within the Marine Park would require amendment to section 38(2) of the Great Barrier Reef Marine Park Act 1975.  Areas may be removed from the Park by proclamation, but this would in practice need the consent of Parliament.


2.3 DIRECT FINANCIAL COST

Compared to the economic losses due to environmental regulation, the direct financial burden of Commonwealth involvement is relatively minor.  The same is true with regard to the States.  Normal Commonwealth expenditure on environmental areas (capital and recurrent) in 1983-4 totalled $22.2 million (excluding the extraordinary twelve times greater Franklin compensation).  This may be compared with the same Commonwealth department's expenditure on administration above the National Parks and Wildlife Service level ($20.9 million) and on various arts areas (Australia Council, Film and Television School, Film Commission and National Gallery:  $77.4 million).  The environmental expenditure is made up as shown in the table overleaf.

Environmental Funding -- Distribution

National Parks and Wildlife Service$8.9m
Great Barrier Reef Marine Park Authority$4.1m
Supervising Scientist and Alligator Rivers Region Research Institute$4.5m
State Grants (Environment (Financial Assistance) Act)$0.2m
Grants to voluntary conservation organisations$0.6m
Australian Biological Resources Study grants$0.8m
National Estate Program grants$3.0m
TOTAL$22.2m

Grants went to 34 "voluntary conservation organisations" and to 33 institutions (mainly universities and museums) and academics under the Australian Biological Resources Study.  More than 200 small grants were made under the National Estate Program to local bodies for heritage/historical/environment works and studies.  Most of this expenditure is unexceptionable and some may yield comparatively large returns for small outlays.  This sort of expenditure can be seen as a kind of privatisation:  most of the funds find their way to highly motivated, enthusiastic groups and individuals who are in effect contracting for all kinds of works and researches.

Perhaps the greatest exception is in the first category where the Australian Conservation Foundation receives by far the largest grant of $120,000.  This, the premier Australian conservation organisation, is also one of the most absolutist and has little grass-roots involvement.


3. IMPACT STATEMENTS:  ENVIRONMENTAL AND ECONOMIC

Governments now require assessment of the environmental effects of most significant development projects before approval is granted.  An Environmental Impact Statement (EIS) is prepared for each project (or stage of a multi-stage project).  The structure of the planning approval process has tended to favour EISs which try to examine all possible environmental effects but do not examine the implicit economic trade-offs between development (under more or less strict controls) and conservation.  This divorce of environmental considerations from economic consequences both militates against rational decision-making in the approval process and makes it easier for groups radically opposed to development to sustain a credible position in the eyes of the public.

It is seldom easy to put an explicit dollar value on an environmental feature or on the quality or continuance of life.  Implicitly it is done all the time:  for instance, road deaths would be much reduced by a national 40 km/h speed limit but the implicit consensus of society is that the cost in travel time, higher labour costs and lower capital utilisation in the transport industries, and so on would outweigh the value of the lives saved.  The present environmental impact assessment process implicitly assigns values by its decisions, but does not explicitly consider the trade-offs.

The Government should require environmental impact statements for
projects for which its approval is needed to examine the economic as
well as the environmental effects of the development project and the
proposed environmental controls.

The State governments should be encouraged to follow suit.


4. EASING THE BURDEN OF REGULATION

We have seen that by far the most important economic penalties imposed by environmental policy in Australia result from restrictions placed on productive activities in conservation areas, which probably cost the community more than a billion dollars a year.  Compared with these costs other areas of environmental regulation or direct government expenditure impose little burden in Australia.

The nature and effects of regulatory restrictions were discussed in sections 2.2 and 2.3 and recommendations made there in regard to general thrust and specific activities.

Three further general recommendations are made here.


4.1 COMMON ENVIRONMENTAL GUIDELINES

The Government should set up a Commonwealth/State committee to
establish a firm, standard set of environmental guidelines and
conditions for mineral exploration and mining.


The committee should be established through the Australian Minerals and Energy Council (AMEC) and include representatives from each State, the Commonwealth and the Northern Territory.  The committee should seek submissions from mining and conservation interests, and publish its draft reports, but should not be required to hold public hearings.  Its existence should not delay the implementation of the recommendations in section 2.2, but should yield a standard policy framework for the future.

At present the interface between mining and environmentalism is a shambles, with very different rules regarding national parks, Aboriginal land, sacred sites, fossil reserves, groundwater protection, heritage areas, and so on.  In addition the rules vary from State to State.  Even outside conservation areas, mining companies have to deal with numerous government bodies and layers of regulation in each State, and disputes are often ultimately resolved ad hoc.  Superimposed over all this is the fear of Commonwealth involvement in the form of land rights, export bans, the Australian Heritage Act and World Heritage listings.  The costs to the nation in delays, abandoned projects and reduced foreign investment are considerable.  A simpler and more consistent approach is urgently needed.

Without exploration no idea can be gained of the nation's hidden resources;  and without such knowledge it is hardly possible to have rational debate on whether total prohibition is justified, or whether and under what conditions mining should take place.  In the majority of cases mining can be carried out with negligible lasting disturbance to the environment if special provisions are made.  The richer the ore body, the greater the financial capacity to eliminate damage (underground mining, careful siting of shafts and treatment plant, disposal of waste etc.).  Exploration itself can almost always be carried out without significant damage and should be allowed on conditions that ensure that is the case.

The committee therefore should work toward a simplified set of guidelines (compatible as far as possible with existing State mining and environment legislation) allowing exploration in virtually all areas, with the right to mine and export guaranteed once a tenement for exploration has been granted, except in conservation areas.  No orders for conservation, heritage listing, etc. should be possible after grant of tenement.

In conservation areas too, the granting of a tenement should preferably carry the right to proceed to mining and export, but the right to mine should also be subject to the approval of a suitable minimum environmental impact plan by the Minister (or a statutory land and environment tribunal).  If this is unacceptable, a register could be established of areas of outstanding conservation importance, in which an exploration tenement does not imply the right to develop a mine.  Mining companies can then take their chances with exploration on the known outcomes of such procedures.  The important principle is not to change the rules part way through the game.


4.2 SETTLING ENVIRONMENTAL DISPUTES

Compared with other nations Australia relies on mining and mineral exports to a massive extent, and in the emerging economic crisis these industries still provide the best hope for increased exports.  Australia is also an advanced, affluent nation where people's thoughts turn more and more to the quality of life and the environment.  In these circumstances one can expect more conflict between miners and conservationists here than in most other nations.  The conflict will be the more acrimonious as long as victories depend on influencing the political process, and might be reduced by the existence of a statutory body held in high repute by all that takes broad benefit/cost considerations into account in adjudicating such disputes.

Consideration should be given to the establishment of a Land and
Environment Court or Appeals Tribunal to adjudicate on the procedures
outlined above and other disputes over multiple land use conflict.


Some states have already moved towards this situation, with similar bodies as the initial line of adjudication over environment-mining-agriculture disputes etc.


4.3 THE AUSTRALIAN HERITAGE ACT

At present, in the absence of a framework as above, the Australian Heritage Act constitutes one of the major uncertainties and obstacles to exploration and mining.  After any amount of mineral exploration, granting of mining leases and even capital expenditure, any area can be nominated by any person and registered by the Heritage Commission without consideration of optimum land use policies;  whereupon under S.30(1) of the Act the Minister must, in brief, do all in his power to ensure that nothing "adversely affects" the area unless "there is no feasible and prudent alternative".  The Commonwealth Minister's action usually involves export licences and/or foreign investment or borrowing controls.  This Act already directly prohibits two mining projects (Fraser and Moreton Islands) and the uncertainty it produces has caused delays, interference and abandonment of many other exploration projects.

Until the development of an integrated policy approach as outlined
above, the Australian Heritage Act should be amended to require the
Minister to consider the "national interest" or "economic desirability" of
his actions.


It may be that this intention is encompassed in the words "feasible or prudent alternative", but the Act has not yet been interpreted in this manner.  Disputes under this legislation provide another example of matters perhaps best decided by mining, environmental and economic experts sitting as a Tribunal or Court.


5. DIRECT COMMONWEALTH
EXPENDITURE ON THE ENVIRONMENT

Although yielding only minor immediate economic gains, one particular change in this area might yield important longer-term results.

Actual maintenance of reserve areas is largely a round of physical, often menial tasks -- dealing with tracks, rubbish, toilets, pests, signs, fences etc.  It is not clear that this type of work is particularly suited to public service conditions and, especially in more remote areas, work practices leave something to be desired.  On the other hand, conservation is clearly an area which can attract large numbers of eager, committed people.

Consideration should be given to the tendering-out of reserve
management activities.  Strict criteria for development, sign standards,
pest control or any other desired parameters could be set, and
"licences" reviewed or re-tendered at suitable intervals to provide an
effective check on performance.


Diverse groups would no doubt apply, for diverse reasons.  These would include local government bodies and tourist authorities interested in enhancing regional attractions, Aboriginal groups seeking income and territorial identification, naturalist groups of all descriptions, conservation bodies and probably professional park management concerns.  In all cases, however, in addition to likely cost savings due to competitive tendering by rival groups, an element of the user-pays principle would have been indirectly injected, and local familiarity with real world problems would be available (cf. the bureaucratic inefficiencies of distant Canberra).  The enthusiasm of such interested parties can be expected to lead to better tourist facilities, increased information provision, nature observation points and signs etc., greater community involvement, higher education values, elimination of bureaucratic delays, better pest control, etc.

The National Parks and Wildlife Service would then be confined to a research, policy, regulation and monitoring role, which its professional staff might well prefer.

The greatest benefit from such a change, however, might accrue in the long run, from the requirement for conservation campaigners to "put their money (or at least their effort) where their mouth is" and the likely development of more realistic attitudes when involved in down-to-earth management activities.  It is already noticeable that conservation professionals tend to have a much more realistic appreciation of the position than the more voluble city-based organizations (e.g. the ACF and Greenpeace).

Commonwealth changes alone would not yield major benefits but success would encourage State initiatives.

In theory the implementation of this measure poses no great difficulties since, under Section 35 of the National Parks and Wildlife Conservation Act 1975, the Director may, with the Minister's consent, engage persons outside the NPWS and the public service to provide services.  However the current park management staff are employed under the Public Service Act and difficulties would apply, similar to those involving any reduction of the public service.  It is not clear whether staff would eagerly grasp the opportunity to contract as self-employed, undertaking similar work tasks.


6. GENERAL POLICY INITIATIVES

The vital requirement for a sensible, enduring and popular environmental policy is to inject a note of cost-benefit analysis into the thinking of conservation lobbies.  This is easy to propose and harder to achieve.  One way would be to vest property rights in conservation areas in various environmental groups and demand that the whole operation be self-supporting, whereupon economic rationalism would no doubt rapidly rear its head.

This is simply not practical medium-term politics in Australia.  On the one hand, complete privatisation of the environment as mentioned in section 1.1 would require establishment and distribution of a myriad new property rights, and overhaul of the legal system to keep the costs of transfer and enforcement within reason;  it is fair to describe the necessary changes as revolutionary.  On the other hand, a general vesting of limited property rights in conservationist groups would present intractable problems such as:  the impossibility of ensuring in any way the character of groups or individuals who might gain control of such organisations;  the inequity of handing huge tracts of land to tiny minorities;  the possibility that even well-meaning groups might indulge in disastrous mismanagement and above all the acceptance that there exist some limited environmental resources and values (e.g. rare species and ecosystems) best ultimately controlled and managed in the public interest.

There may be however a number of less contentious steps which can be taken to introduce a note of rationality.


6.1 RESTRICTED TRANSFER OF PROPERTY RIGHTS

Although a general vesting of property rights in conservationist groups is impractical, the concept should not be ruled out altogether.  In one case in the United States, the Audubon Society's attitude to oil drilling in a reserve changed from fierce, absolute opposition to approval after the society had been given control over the reserve:  it could impose conditions on the oil company to protect important features of the environment, but stood to gain financially from exploration and exploitation of the oil.  The society was thus forced to weigh the costs and benefits of letting the oilmen in.  Everyone gained:  the government got rid of a hot potato, the oil company was able to drill (but subject to more stringent environmental controls than usual), and the Audubon Society preserved the most important features of the reserve and received money it could spend on other environmental purposes.

Where opposition from conservationists is effective enough to make
development of particular Commonwealth land or property too
politically costly, and consequently in effect to make the land
economically worthless, the Government should consider passing the
buck by vesting the land, or appropriate rights in it, in an appropriate,
reputable conservationist organisation.


Such situations will, however, more often be encountered by State than by Commonwealth governments.


6.2 CAREFUL DIRECTION OF FUNDING

The Government should make its funding of conservation bodies (minor in a total budgetary context but often major to the recipients) contingent on the exercise of cost-benefit analysis in all conservation claims, proposals, arguments and publications.  Bodies not willing to submit to this discipline could simply do without the money.

The ACF's grant should be cut if it will not play by these rules.  Grants to international groups such as Greenpeace, who have been accused of exploiting only the most emotive issues, to raise funds for undisclosed international purposes, should in any event be terminated.

This measure would have a salutary effect in the long run, although at first the standard of analysis might be low.  Organisations that eschew traditional conservationist absolutism and genuinely seek economic compromises should be rewarded with preferential funding in future.  To require groups in receipt of public funds to consider Australia's net interests is no outrage.

There should be no difficulty in taking this step, as the $0.6 million disbursed in 1983-84 to voluntary conservation organisations and the $3.0 million under the National Estate Program appear to be at complete departmental (ministerial) discretion.


6.3 TRADE-OFFS IN CONSERVATION

The Government should miss no opportunity to explain and
demonstrate that conservation claims are not without cost, that
budgetary conditions are tight and that trade-offs are the order of the
day.

At the same time it should do everything it can to involve
conservationists in the trade-off process.


Conservation groups (and their supporters in the Senate) can be offered protection of this area of much desired rain forest (possibly in conjunction with State government), for the allowance of mining in that small area of National Park (with restoration), cessation of clear felling in this area for selective logging in that.  In return for a legislated, sensible overall policy allowing strictly controlled intensive usage of small areas, the conservation movement could be explicitly granted a very large increase in areas under protection (from extensive activities) and much better maintenance and pest control.

Such deals can be done even in areas beyond Commonwealth control by purchase from State or private sources, or by agreement with States in return for required legislative changes.


6.4 THE LONG TERM:  EXPLICIT LINKAGE OF ENVIRONMENTAL FUNDING

In the long term, environmental lobby groups must be made to realise the financial effects of absolutist opposition to development.  One way to help in this is to link funding for environmental and conservation purposes to development activity.  For instance, licences for economic activity in conservation areas should provide for a levy, the revenue from which should be used exclusively for conservation and environment purposes.  The levy could be equivalent to the current royalties on mineral or petroleum production, or even higher.  For other ventures, the levy could be deducted from ordinary taxation, or part of it.  The higher the levy, the less the incentive to exploit conservation areas.  It is important that the formula for the levy be established in advance of development and not subject to change (at least as it applies to a particular project).  Setting aside part of exploration permit auction fees for the same purposes would ensure that benefit accrued and was seen to accrue from the beginning.

Possible uses for the levy revenue include buying private or State-owned rainforest subject to subdivision, and re-establishing endangered species in newly-protected habitats, to name but two.  The conservation lobby will no doubt express views on where to spend the money, and should be listened to if not necessarily obeyed.  Setting aside part of exploration permit auction fees for the same purposes would ensure that benefit accrued and was seen to accrue from the beginning.

In an obvious refinement, all aid to the conservation movement would be strictly tied to this same source of funds.  Grants to voluntary groups, research bodies etc., could all be strictly tied to the level of economic activity in reserved areas.  The sums available might be much greater than is now the case, if a sensible balance were struck.  A bigger slice of a bigger cake!

The ideal manifestation of this approach, however, would occur if the totality of environmental funding were in some way rigidly and explicitly linked to the level of economic activity in reserved areas.  This can be done quite practically, and avoiding extreme annual fluctuations, or any severe distress, by taking (in relation to 1983-84 expenditure of $17.7m) a base of say $15 million above which all environmental spending (capital, recurrent, grants, research) would derive from the imposts on economic activity in reserves.

This should include income from current activities such as the Ranger mine, so as clearly to demonstrate the mechanism and desirability of the arrangement.  That funding for conservation and conservation bodies should derive substantially from uranium mining in National Parks and that funding should increase with more mining and greater efficiency, would throw the issue into stark focus and admirably demonstrate the connection between affluence and concern for the environment.

In this situation we would finally get some idea whether a virgin Franklin River is really worth $277 million to Australia or whether even conservationists would rather have most of the Franklin, a nice lake, cheaper power and say $50 million (why not Si00 million?).  Conservation groups could of course reject the receipt or expenditure of this "tainted" money or they could influence its allocation.



ENDNOTES

1.  This chapter owes much to Steven Carr, but opinions expressed in it should not be assumed to be his.