Can’t see the (mangrove) forest for the trees: Trends in the legal and policy recognition of mangrove and coastal wetland ecosystem services in Australia

2020 
Abstract The ecosystem services concept can deliver improved conservation outcomes, yet it is not uniformly translated into environmental law and policy. Here we examine Australian laws and policies in the context of mangroves and coastal wetlands to assess and analyse the extent to which the ecosystem services concept has been integrated. A number of key themes emerged from our research, including: potential difficulties in finding relevant laws because of (1) inconsistent definitions; (2) the large amount of law and policy, and inadequate integration of ecosystem services because (3) not all ecosystem services provided by mangroves and wetlands are recognised in law and policy; and (4) different ecosystem services are addressed under different legal instruments. We also found that (5) ecosystem services are referenced more often in policy than in law; and (6) this is often in the form of a ‘mention’ rather that regulation. Finally, we also found (7) insufficient spatial protection of mangroves and wetlands; (8) significant degrees of administrative discretion; and (9) a lack of harmonisation across jurisdictions. We anticipate that these findings will be of assistance to law and policymakers and resource managers, as a tool for identifying deficiencies in legal frameworks as a precursor to reform.
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