AQ: Australian Quarterly

A king’s ransom:

Public benefit within a modern energy landscape

- PROF SAMANTHA HEPBURN

© Maksim Pasko

Australia has an abundance of resources capable of generating energy – gas, brown and black coal, uranium, wind, water and sunshine. When the resource resides within the sub-stratum of the land it is subject to state ownership in accordance with Australia’s public resource framework. This effectivel­y means that the state must look after the resource for the benefit of the public as a whole.

Yet public benefit in this context has never been fully defined and is therefore grounded in unarticula­ted allocative assumption­s. The general principle is to ensure that the management and exploitati­on of these public resources is conducted in such a way that it maximises their net benefit and promotes distributi­onal fairness. For the most part, benefit is generally presumed to mean economic gain.

Existing governance frameworks, at both the state and federal levels, are grounded in the classic liberal assumption that economic prosperity generated through state-supported free-market environmen­talism constitute­s public interest. Hence, where an energy project promises job creation and wealth infusion this is treated, at both a political and regulatory level, as concomitan­t with public interest. Broader, non-economic benefits consistent with longer term notions of public interest are therefore marginalis­ed and often ignored completely.

This is particular­ly concerning within a transition­ing energy landscape where issues such as social and environmen­tal

The most important structural solution to the rush toward final disorder is to restore some harmony human laws and the laws of nature by giving law back to network comunities

Fritjof Capra & Ugo Mattei, “The Ecology of Law”

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IMAGE: © Beyondcoal­andgas-flickr

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