There are repeated calls to “harmonize” laws between jurisdictions, as simplicity is meant to engender compliance and therefore improved outcomes. Universality and uniformity is considered desirable due to equality concerns, and the reduction of transaction costs and bureaucratic red tape beneficial to business. Reforms may be hampered however if the heterogeneity appreciated by geography is overlooked. Rather than being forced into an idealised conformity better outcomes may be possible if local differences were respected and reflected. Equally problematic may be the absence of common purpose. Attempts at harmonization in the USA and Australia suggest that agreement is critical otherwise protection will be forestalled by conflict between commercial and conservation interests. Unless such contestation is harnessed for generative reform, and the facilitation of broader support for the environment, protection will continue to regress. Harmonization of common (and higher) purpose is critical for making what currently appears impossible - improved environmental protection - possible.

How can harmonization successfully achieve the objective of being a "rising tide that lifts all boats" rather than a race to the bottom of regulatory protection in response to industry pressures to reduce "red tape" and the threat of forum shopping? The paper briefly maps the concept, using as a focus intra-state harmonization, and the promoted benefit of strengthening compliance. We identify the primary arguments for and against harmonization in its various forms, before describing two case studies, one from the United States and one from Australia, from which recommendations are drawn to enhance the potential for best practice in the area. It appears that successful harmonization depends on significant commitment by agencies involved, not only towards harmonization as an objective, but to best practice harmonization.

The overall aim of this document is to provide a foundation for understanding the opportunities and potential risks of harmonization of environmental regulation and regulatory practice across Australia. The focus adopted was intra-national harmonisation of environmental laws. A multi-method approach was undertaken including the following: 1. Desktop research and review of relevant literature and legislation; 2. Key informant data from discussions with members of the Harmonisation of Environmental Regulation Project Team; and 3. Three case studies: US Pollution, NSW Planning and Hazardous Waste.