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Federal Law Review Volume 39 ____________________________________________________________________________________ and introducing effective greenhouse abatement strategies for the 'post-Kyoto' period will be a huge challenge. 5 This paper will critically analyse the policy options for establishing a carbon price in Australia in the post-Kyoto context in the light of the Henry Review and other recent developments. In Part II the paper considers some of the key literature in support of market based instruments including a critical analysis of the relative merits of carbon taxes and emissions trading. In Part III, the recent history of regulatory responses to climate change in Australia is reviewed, including the proposed Carbon Pollution Reduction Scheme ('CPRS'). Part IV identifies a range of 'barriers to change' within the Australian taxation system likely to undermine the operation of carbon pricing options. In Part V the paper concludes that the removal of barriers to change is a vital part of any attempts to introduce a carbon price, and that tax expenditure reform should be a key element of all market based responses. Options for a Post-Kyoto Response to Climate Change in Australia 133 ____________________________________________________________________________________ While the intention would be to influence behaviour, education tends to be perceived as a long term strategy. 9 However, such environmental education paves the way for a greater acceptance of new 'command and control' mechanisms and market based instruments aimed at addressing environmental problems. 10 Voluntary agreements can be used by governments with industry groups to achieve agreed standards, or in this case targets, for lowering emissions. 11 While voluntary agreements may produce higher industry compliance, agreed targets may be much less than would be otherwise required when using 'command and control' regulations. 12 It should be noted that the voluntary agreement concept has been used successfully in Australia when implementing some environmental policies, such as in the case of biodiversity conservation. For example, South Australia effectively used such agreements to abate land clearing and conserve native vegetation during the 1980s and 1990s. 13 Another well known example is the 'Landcare' program which promotes voluntary action on land degradation by farmers and other rural landholders, and now supports about 6000 Landcare and Coastcare groups nationwide. 14 Voluntary strategies have been a major feature of Australia's early responses to climate change. On 7 December 1992 the Council of Australian Governments adopted a National Greenhouse Response Strategy ('NGRS'), which promoted voluntary and 'no regrets' strategies that would have economic benefits in addition to addressing greenhouse emissions (and hence no net cost).

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