By Deaundre Espejo (BA/LLB IV)
Recent developments in environmental law have focused on the reduction of pollution and waste, as well as the shift to renewable energy. However, some argue that policy should also be directed at reducing consumption and production altogether, rather than simply minimising its carbon-producing effects.
Several governments are beginning to introduce laws which aim to change consumption habits on a broader scale and help us lead more sustainable lives. Here are some of those policies emerging around the world.
Single-use plastics
Thailand prohibited three types of plastic - microbeads, cap seals and oxo-degradable plastics - late last year. It plans to further ban four others - lightweight plastic bags, styrofoam food containers, plastic cups and straws - by 2022. There are exceptions for those who still need to use such plastics, including patients, children and the elderly.
Kenya has one of the world’s strictest regulations on the use of plastic. In 2017, it made the production, sale, and use of plastic bags punishable by a maximum fine of AUD $56,000 or four years imprisonment. In June this year, a ban on all types of single-use plastics in protected areas such as national parks, beaches and forests, will take effect.
Food waste
South Korea has adopted a “pay as you waste” system. All residents are required by law to discard food waste in biodegradable bags, collected at designated checkpoints. Each bag discarded is charged a fee, priced according to volume. The bags and their disposal average a cost of about $6 a month for a four-person family, and the tax collected from this scheme pays for about 60% of the cost of collecting and processing the city’s food waste.
France became the first country in the world to ban supermarkets from throwing away or destroying unsold food. Instead, they must donate surplus food that has not passed its expiry date, to charities and food banks. Failure to do so could result in fines of up to AUD $6,300. The law also prohibits supermarkets from deliberately spoiling food in order to stop it being eaten by people foraging in stores’ bins.
Recycling and reusing
Japan’s system of recycling is one of the most thorough in the world. They have much stricter regulations for sorting, treating and segregating waste. Plastic containers must be washed, with labels removed, and cartons folded to minimise space. Any waste must be labelled with household data to ensure compliance with regulations. Further, there are very little rubbish bins on city streets, to encourage individuals to process their waste at home.
Sweden has introduced 50% tax breaks on repairs to items such as shoes, clothes and bicycles, and allows its citizens to claim, from income tax, half the labour cost of repair. It is hoped that the policy would incentivise consumers to reuse old items rather than purchase new ones. A Swedish municipality has also opened up the world’s first shopping mall dedicated to recycled, reused, and repaired goods.
Car emissions
France has recently adopted a law implementing tax rises for high-polluting cars. As of this year, cars emitting carbon dioxide above the limit of 184g/km will be subject to a penalty of 20,000 euros (around AUD $34,000). This is accompanied by an increase in spending to assist the automobile industry in the ecological transition. The French Finance Ministry estimates the new laws will help generate $56 million in tax revenue a year.
Spain has set up several residential priority areas in Madrid, which prohibits non-resident vehicles from entering. The only vehicles permitted to enter these areas include zero-emissions delivery vehicles, public transport and emergency services. The initiative is part of Spain’s “sustainable mobility plan,” which purports to make cities more pedestrian-friendly while reducing daily car usage from 29% to 23%.
A tax on consumption?
Some policy-makers propose a tax on consumption, which refers to a system in which people are taxed based on how much they consume rather than how much they add to the economy (income tax). However, such a tax would be entirely regressive, as nearly all the income of poor or middle-class households goes towards consumption. There would need to be a tax trade-off or cash rebate for those households, perhaps paid for by a global wealth tax.
One thing is clear: we are consuming and producing much more than what our earth and renewable technologies can keep up with. As Australia begins to transition to renewables and overhaul its suite of environmental laws, it may want to look to the successes and failures of other countries to pursue feasible ways to regulate consumption.
Deaundre Espejo is the Vice President (Social Justice) of SULS and a BA/LLB IV student. When he’s not studying or talking about environmental issues, he enjoys bushwalks, HIIT workouts, and RuPaul’s Drag Race.