Details
| Original language | English |
|---|---|
| Pages (from-to) | 242-254 |
| Number of pages | 13 |
| Journal | Geographical research |
| Volume | 59 |
| Issue number | 2 |
| Publication status | Published - May 2021 |
| Externally published | Yes |
Abstract
Legal geographers have recently been interested in interlegality: the interactions between different legal orders governing one particular space. Contaminated land is one such space governed by multiple legal orders; however, it is yet to receive great attention in legal geography. In Australia, different authorities and bodies cooperate together in a responsive regulatory framework to prevent contamination and then manage cases where contamination has occurred, although this process is mostly coordinated at the level of the state. This article evaluates the framework by reference to a case where the contamination, by perfluoroalkyl and polyfluoroalkyl substances (PFAS), has crossed jurisdictional boundaries in Williamtown, in New South Wales, Australia. This cross-boundary incursion has complicated management responses, and may have resulted in contradicting forms of regulatory implementation by different legal orders and a break down in accountability. Ultimately, such findings point to the need for the current regulatory framework to be adapted to better deal with situations of spatial and legal complexity.
Keywords
- PFAS, accountability, contaminated land, interlegality, legal geography, regulation
ASJC Scopus subject areas
- Social Sciences(all)
- Geography, Planning and Development
- Earth and Planetary Sciences(all)
- Earth-Surface Processes
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In: Geographical research, Vol. 59, No. 2, 05.2021, p. 242-254.
Research output: Contribution to journal › Article › Research › peer review
}
TY - JOUR
T1 - A legal geography of the regulation of contaminated land in Williamtown, New South Wales
AU - Legg, Rupert
PY - 2021/5
Y1 - 2021/5
N2 - Legal geographers have recently been interested in interlegality: the interactions between different legal orders governing one particular space. Contaminated land is one such space governed by multiple legal orders; however, it is yet to receive great attention in legal geography. In Australia, different authorities and bodies cooperate together in a responsive regulatory framework to prevent contamination and then manage cases where contamination has occurred, although this process is mostly coordinated at the level of the state. This article evaluates the framework by reference to a case where the contamination, by perfluoroalkyl and polyfluoroalkyl substances (PFAS), has crossed jurisdictional boundaries in Williamtown, in New South Wales, Australia. This cross-boundary incursion has complicated management responses, and may have resulted in contradicting forms of regulatory implementation by different legal orders and a break down in accountability. Ultimately, such findings point to the need for the current regulatory framework to be adapted to better deal with situations of spatial and legal complexity.
AB - Legal geographers have recently been interested in interlegality: the interactions between different legal orders governing one particular space. Contaminated land is one such space governed by multiple legal orders; however, it is yet to receive great attention in legal geography. In Australia, different authorities and bodies cooperate together in a responsive regulatory framework to prevent contamination and then manage cases where contamination has occurred, although this process is mostly coordinated at the level of the state. This article evaluates the framework by reference to a case where the contamination, by perfluoroalkyl and polyfluoroalkyl substances (PFAS), has crossed jurisdictional boundaries in Williamtown, in New South Wales, Australia. This cross-boundary incursion has complicated management responses, and may have resulted in contradicting forms of regulatory implementation by different legal orders and a break down in accountability. Ultimately, such findings point to the need for the current regulatory framework to be adapted to better deal with situations of spatial and legal complexity.
KW - PFAS
KW - accountability
KW - contaminated land
KW - interlegality
KW - legal geography
KW - regulation
UR - http://www.scopus.com/inward/record.url?scp=85093914408&partnerID=8YFLogxK
U2 - 10.1111/1745-5871.12443
DO - 10.1111/1745-5871.12443
M3 - Article
VL - 59
SP - 242
EP - 254
JO - Geographical research
JF - Geographical research
SN - 1745-5863
IS - 2
ER -