Vernacular knowledge and environmental law: cause and cure for regulatory failure

Abstract

The Australian environment and agriculture is suffering from land degradation and declining biodiversity. Laws protecting native vegetation are aimed at addressing these problems but have been resisted by farmers, compromising the social agreement necessary for regulatory success. A case study drawing on farmer interviews in central northern New South Wales reveals that the laws are considered to be under-achieving environmental outcomes since they are ill-suited to local conditions. The low feasibility of the rules is also undermining rule and state legitimacy. Regulatory resistance is due to the lack of recognition of place-specifics by government and laws that impose universal requirements. There is an epistemic distance between the bureaucratic knowledge held by government and the vernacular knowledge (place-based knowledge) of heterogeneous environments held by farmers. Incorporating vernacular knowledge so that laws are more geographically sympathetic may close vernacular disjunctures and cure regulatory failure.

Keywords:

• environmental law
• regulatory failure
• vernacular knowledge
• land clearance
• agriculture

Acknowledgements

This research was funded by the New South Wales Department of Environment, Climate Change and Water. Thanks to Dr Colin Hearfield for research assistance. Thanks to the research participants. Thanks also to the reviewers and the editorial team.