Negotiated environmental agreements in the water sector

Abstract

Negotiated Environmental Agreements (NEAs) combine elements of regulation, self-regulation and co-operative relationships. NEAs aim to improve dialogue between stakeholders and encourage pro-active behaviour within environmental regulatory frameworks. The intention of this research project was to determine whether NEAs could serve as effective mechanisms to achieve environmental compliance in the water sector. The key findings and recommendations are inter-related. The current water-related regulatory framework is robust; NEAs could be considered superfluous. However, capacity constraints hamper effective governance, particularly at local government level, contributing to ineffective prosecutorial processes. Negative attitudes and lack of accountability exist within the MFI and government. Financial penalties to discourage non-compliance or incentives to achieve compliance are lacking. A “feebate” system offers a solution; non-compliance results “fees” while financial rebates reward compliance. Municipal Courts could increase penalties and shorten prosecution times. A stronger code of conduct for the MFI as well as improved government capacity could improve attitudes.