Статті в журналах з теми "Drinking water Law and legislation Australia"

The need to protect underground sources of drinking and household water supply. Many reasons, including climatic changes, an increase in anthropogenic pressure, and an increase in the need for drinking water, dictate the need to protect underground sources of drinking and domestic water supply. The USSR was the pioneer in the field of drinking water protection in the world. Already in 1956, USSR put an instruction on the establishment of sanitary protection zones (SPZ) into effect. The United States took the first steps in resolving this issue only seven years later. Along with Soviet developments, the USA and German guidelines are still fundamental and contain fundamental recommendations for groundwater protection. The requirements related to the protection of water intakes in the legislative acts of various states have been implemented at the international level (Directive 2000/60 / EU, Directive 2006/118 / EU), nationally (Australian National Strategy, USA Safe Drinking Water Law, PRC Law on Drinking Water Pollution Prevention and Control) and Local Levels (New Jersey safeguard zone (SGZ) Guidelines). Among the standard features is the allocation of belts in the S with different permitted use regimes: belt I (strict regime) - 10-50 m, belt II -50 days -10 years, belt III - the entire catchment area. Conclusions. Despite the fact that each country uses different approaches to protecting groundwater, in general, there is a similarity in the establishment and organization of SGZ for groundwater intakes, in which certain activities are prohibited or restricted. In the Russian Federation, it seems important to formalize the results of scientific research and existing experience in the protection of underground sources of drinking water supply in the form of Guidelines to allow ensuring optimal management of drinking water resources and preserve the quality of drinking water, to guarantee their availability in the future.

There is a serious problem of rural unsafe drinking water in china,but only it is essential for legislation to solve comprehensively.Through the analysis of the legislative background, legislative basis and legislative framework system of rural safe drinking water,the paper explores some legislative issues.Water source contaminated by industrial pollutants, agricultural pollutants, domestic pollutants, is the biggest obstacle to rural drinking water safety.Rural safe drinking water legislation have sufficiently the constitutional basis and the basic law basis. Legislative framework system is composed of drinking water source protection,rural water supply planning,project financing,operation and management mechanisms,emergency warning system, pricing system, supervision system etc. Rural safe drinking water legislation will play a significant role in solving fundamentally the problem of rural safe drinking water.

The Water Framework Directive (WFD) 2000/60/EC, which has been transposed into the national legislation with the Law 3199/2003 (MoEPPW, 2003), will cause substantial changes in the drinking water pricing policy and the domestic water authorities involved such as the Municipal Enterprises for Water Supply and Sewerage (DEYA). Up to date, drinking water pricing policy has been based only on the recovery of the economic cost and in some cases neither this. Therefore, domestic water is not priced taking into account its real cost. Based on data provided by 74 DEYA representing 2.10 million inh, the average water price is estimated to be 1.19 €/m3. Analysis of these data reveals a deviation of 41.67% from the real cost. The relation of consumers with the Enterprise, but also that of management and employees, should be a bidirectional relation, in order to be comprehensible by all. Thus, an agreement that will point out that the most excellent quality of water presupposes water policy which will consider sustainability and the current requirements of the Enterprise and of course the consumers should be established between them.

Recently in Australia concerns have been raised regarding the contamination of municipal drinking water supplies with lead. This is of particular concern to children due to the impact of lead exposure on cognitive development and as such these findings have received much media attention. The response from legislators has been swift, and The Victorian School Building Authority has announced that all new schools and school upgrade works will only use lead-free tapware and piping systems. However, while the immediate replacement of lead-containing brass fittings may seem a logical and obvious response, it does not consider the potential implications on microbial contamination. This is particularly concerning given the increasing public health threat posed by opportunistic premise plumbing pathogens (OPPPs). This commentary explores this public health risk of lead exposure from plumbing materials compared to the potential public health risks from OPPPs. Non-tuberculous mycobacterium was chosen as the example OPPP, and the influence on plumbing material and its public health burden in Australia is explored. This commentary highlights the need for future research into the influence of plumbing material on OPPPs prior to any changes in legislation regarding plumbing material.

Water quality and water supply system in our country are primarily related to inadequate environment management in 1990s, due to poor economic situation in the country and insufficient investments. With a view to improve conditions of environment, strategic documents at various levels have been adopted. One of these, water-supply basis for Serbia 2002-2012, was adopted by Government of the Republic of Serbia in 2002, which defined basic strategy for water management. Law on Environment Protection (2004) provides basis and possibility of further applicability of EU directions complying with respective standards. Apparent trend in this field is tendency of setting up certain standards for each purpose (Council Directive 75/440/EEC, Council Directive 76/160/EEC) as well as for some types of water systems (rivers, lakes, ground waters). Our paper presents the most important regulations of the Republic Serbia and EU in the field of water quality management, control of water quality in our country, monitoring, that would, followed by adequate information system, contribute to quality improvement of ambient and drinking waters.

Diffuse pesticide pollution is a problem for the environment, but it also presents a challenge for water companies managing treatment infrastructure to produce potable water. The legal framework for this context has three main components: that dealing with pesticides and pesticide use, that dealing with environmental water quality and that dealing with drinking water quality. The study set out to identify, interpret and assess the impact of the legal framework related to this challenge. The study found that the current policy and legislation do not provide a coordinated legal framework and some changes are warranted. For example the Water Framework Directive (WFD) sets environmental quality standards for some, but not all, pesticides. Article 7 provides special protection of water bodies used as sources for drinking water supply, but it is not clear whether the UK will achieve full compliance by 2015. This is a problem for water companies planning investment, because the WFD and Drinking Water Directive remain legally distinct. Further uncertainty arises from the application of Regulation (EC) 1107/2009 and the extent that restricted availability of pesticides will drive changes in agricultural practice and pesticide use.

AbstractThe National Environmental Policy Act (NEPA), which was signed into law on January 1,1970, has come to be regarded as the first major piece of federal legislation to call for comprehensive attention to environmental concerns in the United States. During the two decades following enactment of NEPA, Congress adopted and then refined major legislation on nearly every aspect of environmental quality concerns: air pollution, water pollution, drinking water quality, hazardous waste management, wildlife protection, pesticide use, and several related problem areas. Current arguments for environmental regulatory reform are a phase in the continuing evolution of this body of federal environmental policy.

This article focuses on how water users perceive the state of water security and their concerns about water resources in Baguio City using survey data from 300 poor households. The financial and social aspects of the poor household's access to potable water are described before features of the Baguio Water Code on drinking water quality, water permits and groundwater extraction, and rainwater harvesting are tackled. The high expectations that accompanied the approval of this breakthrough legislation to address the city's long-standing water problems which were only partially met as the key provision on water permits remains unimplemented. Drinking water quality and rainwater harvesting have had some success in implementation. Still more needs to be done through measures that rely on the partnership of the local water utility and the city government offices in order to respond to the need of poor households for clean water.

Objective. Analysis of the results of systematic observations of the indicators that characterize the "blooming" of the water of the Dnieper River in space-time aspect, and providing recommendations for its prevention. Materials and methods. To assess the water quality of the Dnieper River, an array of data from the State Agency of Water Resources "Dnieper Basin Water Resources Management" (2015–2017, 906 samples), the State Water Cadastre (2016), "UNHC Ministry of Health" on the state of water in Ukraine (1992–1994), “National Report on Drinking Water Quality and the State of Drinking Water Supply in Ukraine” (2005–2016), Lithuanian Waste Management Regulation (2006), Council Directive 91/271/ЄEC. Methods were used for data processing: analytical, statistical, correlation, mathematical modeling. Results and conclusions. A high content of phosphates and organic substances in the water of the Dnipro river in the spatial-and-temporal section is demonstrated, which indicates a natural and anthropogenic contamination and will lead to the potential problems with the contamination of tap drinking water made of the Dnipro water. It is proved that one of the priority tasks today should be to reduce the content of organic matter, phosphorus and nitrogen in surface waters, which can be achieved by establishing coastal strips and provided by law, as well as the use of modern technologies for industrial and domestic wastewater treatment, this requires regulation. Further harmonization of Ukraine’s water legislation with European legislation will help prevent water-related morbidity.

From the moment it was first indicated that use of aluminum chloride during purification of drinking water might be one of the triggers of Alzheimer’s disease, it took only a few years to almost abandon this practice worldwide. Now, two years after the initial evidence was presented that the cheapest possible replacement for aluminum chloride (ferric hydroxide, better known as ferrous sludge) significantly threatens soil fertility, there is almost no action. A robust case study was conducted among European drinking water treatment plants. First, it is reported that some samples of ferrous sludge can reduce phosphorus availability by more than 70%. This creates a precondition for a significant reduction in fertility over a decade. Because the legislation usually responds to similar findings with great delay, the extent to which managers of drinking water treatment plants are willing to change process settings by themselves has also been assessed. The findings obtained allow us to expect that a long continuation of this hazardous practice can be expected, since managers of drinking water treatment plants show little willingness to switch from the ongoing questionable technology (harmful to nutrient cycles in soil) to environmentally favorable (though slightly more costly) solutions.

Abstract Drinking-water management systems (DWMSs) represent the primary means for preventative management of a drinking-water supply and are defined as a system of policies, procedures and administrative/behavioral controls designed to ensure safe drinking water from source to tap. With influence and inspiration ranging from safe food handling to industrial quality management, DWMSs can take, and have taken, many different forms throughout the world. This variability is especially true in Canada, a country with a decentralized governance structure, where provincial and territorial governments are mostly autonomous in regard to drinking-water governance and management. While this has resulted in comprehensive DWMSs in provinces such as Ontario, less-proactive provinces and territories have fallen behind and may be exposing consumers to under-protected and vulnerable drinking-water supplies. This paper includes a review and comparison of the existing Canadian national, provincial and territorial approaches to drinking-water management, the World Health Organization Water Safety Plan Recommendations, national DWMSs from Australia and New Zealand, and also includes widely applied, generic quality management systems. This information is then used to gauge the comprehensiveness of DWMSs in Canada and highlight potential management gaps and policy recommendations for the development of new, or improving existing, DWMSs.

This paper reviews water policy responses to drought in Australia, focusing on the Murray-Darling Basin (MDB) during the two decades from 1997. This period, which includes the decade long Millennium drought, brought a much sharper focus to discussions of scarcity and value of water. The drought initially focused attention on rising salinity and environmental water availability, as action on both was supported by strong science, and resonated politically. The drought became a crisis in 2006. Short-term planning focused on ensuring communities did not run out of water. For the longer term, the national government responded by announcing a major package of reform measures addressing sustainability and underlying scarcity, and recognising climate change. The package strengthened MDB water market infrastructure, upgraded water resource planning and the ability of irrigators to manage their water assets more flexibly, established new sustainable diversion limits and provided funding to ensure the environment received a larger share of basin water resources. But its completeness as a package can be attributed not only to the severity of drought, but also to political leadership, a disrupting strategy in the form of national legislation and a strong national budget that provided financial resources. The drought provided a crisis, but other ingredients were necessary to ensure effective action.

The analysis of scale originated from drinking water on the house water heater, showed that scale is basically calcium carbonate that crystallizes hexagonally in the form of calcite. Scale taken as a sample from different spots in Belgrade ? upper town of Zemun (sample 1) and Pancevo (sample 2) showed different configuration although it came from the same waterworks. That indicates either that the water flowing through waterworks pipes in different parts of the city is not the same or the waterworks net is not the same (age, maintaining, etc). All the elements which are dominant in drinking water (Ca, Mg, K, and Na), and which could be found in water by natural processes, are by their content far below the values regulated by law. The analysis also showed the presence of many metals: Ti, Pb, Zn, Cu Li, Sr, Cd, and Cr in the first sample, which are not found in the scale taken near Pancevo. The results obtained by calculating the mass concentration in drinking water on the basis of scale content, showed that both waters belonged to the category of low mineral waters. Contents of inorganic substances in these waters (117.85 mg/dm3 for sample 1 or 80.83 mg/dm3 for sample 2) are twice lower than the values predicted by the legislation. Gammaspectrometric analysis indicates the presence of radioactive elements ? uranium and strontium which can influence human health.

Experiences with three approaches intended to achieve increasing levels of regional and collaborative engagement – Ministerial water advisory committees, Catchment Water Management Boards and Natural Resources Management Boards – are examined over the period from the 1970s to early 2014. Attention focuses on two tensions: (1) whether to have a system-wide or regional focus and (2) whether to pursue extensive consultation and seek consensus, or have government agencies limit consultation and take decisions in a timely manner, knowing that winners and losers will emerge. Supporting legislation, policies, plans and programmes were reviewed, and interviews were completed with 88 individuals. Support generally exists for regional and collaborative approaches, but with recognition of a need to balance strengths and limitations for whatever choice is made.

AbstractLinks among compliance, rule of law, and good governance are essential and indivisible, although not sufficient alone to achieve sustainable development. Compliance with environmental and sustainable development requirements can be improved by understand ing and applying the two main theoretical approaches: logic of consequences, and logic of appropriateness. Compliance can be improved more by combining the two approaches. Further work to disaggregate both the State and the firm, and to understand the role of biases, heuristics, and framing in actor's compliance calculations, remains to be done and promises important insights. Environment policy is one of the success stories of the European Union - thanks to European Union legislation we have made significant improvements such as cleaner air and safer drinking water. But we still face some real problems.' Margot Wallstrbm, former EU Commissioner for the Environment

Abstract In the present paper, the authors refer to a study carried out in the village of Greceşti, Busu village, Dolj County, on the quality of drinking water from local sources (wells, wells and wells) and the comparison of these results with the limit values allowed by the legislation in force, namely Law 458/2002 and Law 311/2004, as well as the Water Framework Directive and the Groundwater Directive 118/2006 / EC. Organoleptic indicators, physical and chemical indicators from 10 distinct locations as source of harvested water were determined, where organoleptic indicators were determined by determination of taste and odour; physical indicators, determining the pH, colour, turbidity and total hardness; chemical indicators: ammonium, chlorides, oxidisability, nitrites. The determinations were made in the faculty’s agro-chemistry laboratory, using appropriate methods and equipment. Following the results, the causes leading to the results were established and a series of conclusions and recommendations were drafted.

Kangaroo Valley is a drinking water supply catchment for Kangaroo Valley village, parts of the Southern Highlands and Sydney. It is also a popular recreation area both for swimming and canoeing. Land use has traditionally been dominated by dairy farming but there has been significant and continuing development of land for hobby farms and rural residential subdivision. Dairy industry restructuring has affected the viability of some farms in the Valley and created additional pressure for subdivision. River health is a function of flows, water quality, riparian vegetation, geomorphology and aquatic habitat and riverine biota. River flows in the Kangaroo River are affected by water extraction and storage for urban water supply and extraction by commercial irrigators and riparian land holders which have a significant impact at low flows. Current water quality often does not meet ANZECC Guidelines for primary contact and recreation and the river is a poor source of raw drinking water. Key sources of contaminants are wastewater runoff from agriculture, and poorly performing on-site sewage management systems. Riparian vegetation, which is critical to the maintenance of in-stream ecosystems suffers from uncontrolled stock access and weed infestation. The management of land use and resulting diffuse pollution sources is critical to the long term health of the river. The Healthy Rivers Commission of New South Wales Independent Inquiry into the Shoalhaven River System Final Report July, 1999 found that the longer term protection of the health of the Kangaroo River is contingent upon achievement of patterns of land use that have regard to land capability and also to the capability of the river to withstand the impacts of inappropriate or poorly managed land uses. This micro case study of Kangaroo Valley examines the complex legal and administrative arrangements with particular reference to the management of diffuse pollution for river health. In the past, diffuse pollution has fallen through the gaps in legislation and its administration. Although water pollution legislation is broad enough to embrace diffuse pollution, in practice the Environment Protection Authority has focused on regulating point sources. Water legislation has traditionally been concerned with issues of water quantity rather than water quality. Legislation which allows agency intervention in relation to land degradation has grown from soil conservation roots, neglecting the flow-on effects upon water quality. Under the land use planning system existing land uses are protected from new regulatory requirements. A number of recent developments in NSW law and its administration have set the scene for addressing this past neglect. Water planning provisions in the Water Management Act 2000 have the potential to enable community based Water Management Committees to move away from a narrow focus on water quantity to the broader issues of river health, including water quality. Improved management of on-site sewage management systems is expected as a result of the Local Government (Approvals) Amendment (Sewage Management Regulation) 1998. A draft Regional Environmental Plan prepared for the Sydney Catchment Authority aims to improve the assessment of new development in terms of its impact on drinking water quality. It also moves away from an exclusive concern with controlling new development towards grappling with existing uses. Proposed amendments to the Environmental Planning and Assessment Act, 1979 as detailed in the White Paper, Plan First (2001) include the integration of imperatives derived from catchment strategies and water management plans into local land use plans.

The success of source protection in ensuring safe drinking water is centered around being able to understand the hazards present in the catchment then plan and implement control measures to manage water quality risk to levels which can be controlled through downstream barriers. The programs in place to manage source protection are complex sociotechnical systems involving policy, standards, regulators, technology, human factors and so on. This study uses System Theoretic Process Analysis (STPA) to analyze the operational hazards of a typical drinking water source protection (DWSP) program and identify countermeasures to ensure safe operations. To validate the STPA results a questionnaire was developed based on selective grouping of the initial countermeasures identified and distributed to specialists in DWSP in Taiwan, Australia and Greece. Through statistical analysis using Principle Components Analysis (PCA), the study identified four critical success factors (CSFs) for DWSP based on the questionnaire responses. The four CSFs identified were “Policy and Government Agency Support of Source Protection”, “Catchment Risk Monitoring and Information”, “Support of Operational Field Activities” and “Response to Water Quality Threats”. The results of this study provide insight into the approach of grouping of source protection measures to identify a series of targeted CSF for operational source protection programs. Using CSF can aid catchment management agencies in ensuring that the risk level in the catchment is managed effectively and that threats to public health from drinking water are managed appropriately.

During the past few decades, the anthropogenic activities induced worldwide changes in the ecological systems, including the aquatic systems. This work analysed the contamination level of groundwater resources from a rural agglomeration (Central-Western part of Prahova County) by biological and physico-chemical approaches. The study was performed during the autumn of 2016 on several sampling sites (four drilling wells, depth higher than 100 m supplying three villages; two wells lower than 10 m depth and one spring). The water quality was evaluated by comparison with the limit values of the drinking water quality legislation (Law no.458/2002) and the Order 621/2014 (applicable to all groundwater bodies of Romania). The results showed that phenols and metals (iron and manganese) exceeded the threshold values in all sampling sites. Moreover, the anthropogenic factors including agriculture, use of fertilizers, manures, animal husbandry led to an increase of the bacterial load, particularly at wells sites.

As a specific type of landscape and aquifer, karst is developed in soluble carbonate and evaporitic rocks and is of great importance for humanity. It covers more than 15% of Earth’s ice-free land and its aquifers provide about 10% of the world population’s drinking water. However, in general, its importance is not adequately supported by monitoring. Due to very dynamic karst regimes, in many countries, monitoring networks and their technology must be enlarged and improved, in terms of both the quantity and quality of water. The article discusses the current state of monitoring in legislation and water practice, as well as its importance in preventing water pollution, ensuring water provision to dependent ecosystems and preparing adaptation strategies to mitigate the negative effects of climate changes. Karst aquifers’ heterogeneity, high vulnerability to pollution and their very dynamic regimes require a more frequent observation of discharge and water quality parameters than any other aquifer system. There is also a need for installing sophisticated monitoring equipment, which enables remote observation of changes in dynamic karst systems. Improving monitoring and creating an early warning system would have a direct and positive effect on water management and might also be able to prevent uncontrolled groundwater extraction and deterioration of water quality.

Over the last two decades, remarkable progress in the Portuguese drinking water and wastewater services sector has been achieved. Nevertheless, it faces a serious challenge in trying to ensure long-term sustainability. There is equally scope for considerable efficiency and effectiveness gains. The national strategic plan for the period 2014–2020 has assigned a prominent role to infrastructure asset management (IAM) in the paradigm shift required in water services. This paper discusses the progress made, the critical issues and the challenges faced by the Portuguese water sector regarding IAM, based on a comparative analysis of international and national contexts. Various worldwide initiatives are presented. The main drivers to start using IAM were quite diverse. In Portugal, legislation initially contributed to attracting the attention of the sector to IAM, but LNEC, a research institute, has played a leading role in this process. The water services regulator has also been playing a very important role. The highly fragmented structure, the politicised nature of municipal water utility management and the existing accounting procedures are some of the main barriers to the spread of IAM best practices. The sector's ongoing restructuring and the new tariff regulation will be key enabling opportunities and challenges in coming years.

Context Supplementary resource provision is increasingly used by conservation managers to manipulate habitat conditions that limit population growth of threatened species. These methods are popular in reintroduction programs because they can assist released individuals to adapt to novel environments. In situ management and reintroductions are being used to recover warru (black-footed rock-wallaby, Petrogale lateralis MacDonnell Ranges race) on the arid Anangu Pitjantjatjara Yankunytjatjara (APY) Lands of South Australia. Direct predation by introduced predators is thought to be the main cause of population decline, but indirect predation effects reducing access to water resources has also been proposed as a limiting factor. Aims To determine whether warru would use supplementary water and so provide a tool to alleviate resource pressure for in situ (wild) and reintroduced warru populations. Methods We provided supplementary water to a wild and reintroduced warru population across 12 months. Drinking rates were calculated by monitoring water points with camera traps and modelled against plant moisture content and total rainfall. We also examined whether number of visits to water points by warru predators and competitors was significantly different to control points (no water present). Key results Wild and reintroduced warru used water points within 0–10 days of installation. No significant increase in visits by predators or competitors was observed at water points. Drinking rates were significantly higher during dry winter months (March–October) for both wild and re-introduced populations. Conclusions Supplementary water is readily utilised by warru. Water could be provided in this manner to warru populations where predators are present, particularly during drier months (generally March–October on the APY Lands), periods of drought or after fire, when food resources will have a lower water content and/or be less abundant. This may increase breeding rates and recruitment of young, and improve the probability of persistence for populations of this threatened species, and should be further investigated. Implications Supplementary water provision may be a useful tool to increase population growth rates for threatened mammalian herbivores in arid habitats. Experimental trials of the uptake of supplementary water and effects on population dynamics will provide important data for implementing adaptive management frameworks for conservation.

RESUMO Objetivo: O objetivo do trabalho é tratar da proteção jurídica da água potável, refletindo sobre a eficiência e/ou eficácia constitucional, legislativa e jurisprudencial da proteção ambiental, trazendo fundamentações contidas nas decisões judiciais, materializadoras da justiça socioambiental, e trazendo à razão, questões sociais e jurídicas atuais sobre o consumo excessivo desse imprescindível e finito recurso natural. Metodologia: A partir de pesquisa documental, utiliza o método dedutivo para, valendo-se dos ensinamentos doutrinários, legislativos, jurisprudenciais e constitucionais, extrair conclusões sobre a importância dos recursos hídricos, em especial, da água. Resultados: Considerando que a água potável é recurso natural, bem ambiental e direito humano fundamental, o acesso e o consumo sustentável da água potável pertencem a todos, sendo dever do Estado e da sociedade promovê-los, prestando atenção às situações de escassez dos recursos vividas pelos vulneráveis. Logo, o ordenamento jurídico e os Poderes da República devem contar com legislação, decisões dos tribunais e políticas públicas protetivas ambientais, garantindo a salvaguarda da água (potável). Contribuições: A pesquisa traz à baila notas importantes sobreo avanço do direito ambiental, considerado por várias constituições como um direito humano e fundamental, afirmando que a proteção do meio ambiente vem sendo colocada em risco por setores políticos, econômicos e sociais, que violam conquistas já materializadas, cometendo retrocessos nas garantias dos direitos fundamentais e violando o princípio da proibição do retrocesso ambiental. Palavras-chave: Água potável; recursos hídricos; tutela jurídica ambiental; direito humano fundamental. ABSTRACT Objective: To deal with the legal protection of drinking water, reflecting on the constitutional, legislative and jurisprudential efficiency and/or effectiveness of environmental protection, bringing the foundations contained in judicial decisions, materializing socio-environmental justice, and bringing to the questions current social and legal issues regarding the excessive consumption of this essential and finite natural resource. Methodology: Based on documentary research, it uses the deductive method to, based on doctrinal, legislative, jurisprudential and constitutional texts, have conclusions about the importance of hydric resources, especially water. Results: Considering that drinking water is a natural resource, an environmental asset and a fundamental human right, access to and sustainable consumption of drinking water belongs to all, being then duty of the State and society to promote them, paying attention to situations of scarcity of resources experienced by the vulnerable. Therefore, the legal system and the Powers of the Republic must have legislation, court decisions and public environmental protection policies, guaranteeing the safeguarding of (drinking) water. Contributions: The research brings up important notes about the advance of environmental law considered by several constitutions as a human and fundamental right, stating that the protection of the environment has been put at risk by political, economic and social sectors, which violate achievements already materialized, causing setbacks in the guarantees of fundamental rights and violating the principle of prohibition of environmental setbacks. Keywords: Drinking water; hydric resources; environmental legal protection; basic human right

The sphere of water supply and sewage is directly related to a human and society life including a certain creation of life conditions with satisfaction of the immediate needs of a person, and so on. Despite the time, era, change of historical conditions, ideology and culture, the need for water and services is associated with its constant. Just the state policy, goals and tasks of public authorities aimed at regulation of this sphere are changing. The state regulation in any sphere of economic relations is the influence of the state through the normative legal acts adoption, regulations and compliance control including the control by the subjects of the legislation sphere, and application of coercive measures in case of violation of these requirements. In this article, the author considers the water supply and drainage sphere as an object of state regulation, and analyzes the definition of the concept in this field, which is disclosed in various sources, as well as its components and characteristics, and methods of state regulation of the sphere. Formation and development of the water supply and water discharge sector of Ukraine took place as an integral part of housing and communal services. And only since 2002 the sphere of water supply and sewage became regulated by the separate Law of Ukraine «On Potable Water and Drinking Water Supply», which has defined the main concepts, subjects and objects of this phere, and the principles of state policy. While exploring the conditions of state regulated market economy transition, the principles of housing and communal services reform, the author analyzes the scope of water supply and drainage as a market for water supply and sewage services, and reveals its characteristic features. It is very important to identify the specific features inherent in the services of water supply and discharge – the demand inelasticity; dependence of the services supply on the availability of networks; availability of technological and infrastructure constraints in providing services; lack of any alternative to drinking water and water supply and sewage services; water supply and drainage are technologically separate processes carried out using various engineering systems. Paying no attention to the privileged position of natural monopoly entities providing centralized water supply and sewage services, the availability of production facilities, material and financial resources, a guaranteed market for sales of services and the lack of competition, the sphere of water supply and drainage (as well as the sphere of housing and communal services), unlike other branches of natural monopolies, is unprofitable. The statistical data in the field testify that today housing and communal services are the most technically backward sector of the economy with many accumulated problems. Reforms conducted at the state level do not provide the expected result. Until now, at the state level, there are no clearly formulated mechanisms for creating conditions, which would balance the interests of market participants, and protect the interests of consumers in providing them with good quality public services at reasonable prices, and create conditions for the effective functioning of natural monopoly entities, while attracting investments to the development of housing and communal services. And the fact that the water supply and sanitation sector is one of the most attractive in terms of reliability and investment return in the world practice, confirms the correctness of the chosen research direction.

Abstract ContextFeral pigs (Sus scrofa) are an increasing threat to agriculture and ecological communities globally. Although ground rooting is their most readily observable sign, feral pigs typically remain highly cryptic and their abundance and impacts are difficult to quantify. AimsThe aim of the present study was to evaluate the effect of current feral pig population management practices (trapping, baiting, no feral pig management) on feral pig abundance and digging impacts, using a BACI (before–after control–impact) experimental design at a landscape scale. MethodsA monitoring program was established to quantify both the abundance and digging impacts of feral pig populations within a temperate sclerophyll forest landscape using distance sampling. Transects were established across eight drinking water catchments where the whole catchment was the unit of replication for feral pig population management. Monitoring was carried out at 6-monthly intervals for 3 years, with no feral pig population management undertaken in the first year. In total, 367 feral pigs were trapped out of three catchments subject to trapping, and 26 were baited across two catchments subject to baiting with a commercial product (PIGOUT, Animal Control Technologies Australia, Melbourne, Vic., Australia). Three catchments were exempt from feral pig population management for the duration of this study. Key resultsFeral pig density within the overall study site was estimated as 1.127pigskm–2, resulting in 4580diggingskm–2year–1. There was no significant difference in feral pig density estimates observed among population management treatments or the treatment×year interaction term. An overall decrease in feral pig density across all catchments was attributed to extreme temperature and drought conditions experienced during the study. ConclusionsFeral pig populations demonstrate high resilience to current feral pig population management practices in the present study. The annual volume of soil disturbed by the numbers of feral pigs estimated across this study area is comparable to a commercial-scale resource extraction industry. We did not find significant differences in feral pig digging density among dominant vegetation types, but larger digs were associated with swamp vegetation. ImplicationsCurrent levels of feral pig population management did not reduce pig densities across eight catchments in the northern jarrah forest; therefore, more intensive population management is needed.

In the article there are considered questions of legal regulation of the admission of foreign nationals (or individuals without nationality) to work in decreed professions in the Russian Federation. To date migration processes are shown to affect not only the demographic situation in our country, but the level of infectious diseases rates, especially in large cities. The health status of the population depends directly on the literacy level of workers in various industries, especially decreed contingents of high epidemiological risk. It is noted that along with the medical examination of foreign citizens (persons without citizenship) for issuance of a work permit or a patent in the Russian Federation in the framework of the immigration laws in Bodies of internal. Affairs, the law provides for obligatory preliminary and periodic medical examinations for certain types of work with registration of personal medical books, the passage of professional hygienic preparation and certification. These kinds of economic activities include organizations associated with the production, storage, transportation and sale of food products and drinking water, the upbringing and education of children, municipal and consumer services. There are considered provisions of the main legal acts in the volume of medical examinations and obligatory knowledge of Russian for obtaining the work permit of migrants. There are identified key organizational-legal and methodological and problematic aspects that require coordination of activities of state structures and functioning of enterprises. The training of the special contingent is noted to contribute to the improvement of medical-hygienic knowledge among foreign citizens and the population, prevention of infectious diseases, the formation of understanding the need for positive changes in lifestyle, and support the desire to change, contributes to the creation of appropriate motivation in relation to their health, development of skills of a healthy lifestyle. There are analyzed issues of the awareness of employees about the necessity of medical prevention, including healthy lifestyle, the main causes of non-compliance of legislation.

Unconventional energy sources have become increasingly important to the global energy mix. These include coal seam gas, shale gas and shale oil. The unconventional gas industry was pioneered in the United States and embraced following the first oil shock in 1973 (Rogers). As has been the case with many global resources (Hiscock), many of the same companies that worked in the USA carried their experience in this industry to early Australian explorations. Recently the USA has secured significant energy security with the development of unconventional energy deposits such as the Marcellus shale gas and the Bakken shale oil (Dobb; McGraw). But this has not come without environmental impact, including contamination to underground water supply (Osborn, Vengosh, Warner, Jackson) and potential greenhouse gas contributions (Howarth, Santoro, Ingraffea; McKenna). The environmental impact of unconventional gas extraction has raised serious public concern about the introduction and growth of the industry in Australia. In coal rich Australia coal seam gas is currently the major source of unconventional gas. Large gas deposits have been found in prime agricultural land along eastern Australia, such as the Liverpool Plains in New South Wales and the Darling Downs in Queensland. Competing land-uses and a series of environmental incidents from the coal seam gas industry have warranted major protest from a coalition of environmentalists and farmers (Berry; McLeish). Conflict between energy companies wanting development and environmentalists warning precaution is an easy script to cast for frontline media coverage. But historical perspectives are often missing in these contemporary debates. While coal mining and natural gas have often received “boosting” historical coverage (Diamond; Wilkinson), and although historical themes of “development” and “rushes” remain predominant when observing the span of the industry (AGA; Blainey), the history of unconventional gas, particularly the history of its environmental impact, has been little studied. Few people are aware, for example, that the first shale gas exploratory well was completed in late 2010 in the Cooper Basin in Central Australia (Molan) and is considered as a “new” frontier in Australian unconventional gas. Moreover many people are unaware that the first coal seam gas wells were completed in 1976 in Queensland. The first four wells offer an important moment for reflection in light of the industry’s recent move into Central Australia. By locating and analysing the first four coal seam gas wells, this essay identifies the roots of the unconventional gas industry in Australia and explores the early environmental impact of these wells. By analysing exploration reports that have been placed online by the Queensland Department of Natural Resources and Mines through the lens of environmental history, the dominant developmental narrative of this industry can also be scrutinised. These narratives often place more significance on economic and national benefits while displacing the environmental and social impacts of the industry (Connor, Higginbotham, Freeman, Albrecht; Duus; McEachern; Trigger). This essay therefore seeks to bring an environmental insight into early unconventional gas mining in Australia. As the author, I am concerned that nearly four decades on and it seems that no one has heeded the warning gleaned from these early wells and early exploration reports, as gas exploration in Australia continues under little scrutiny. Arrival The first four unconventional gas wells in Australia appear at the beginning of the industry world-wide (Schraufnagel, McBane, and Kuuskraa; McClanahan). The wells were explored by Houston Oils and Minerals—a company that entered the Australian mining scene by sharing a mining prospect with International Australian Energy Company (Wiltshire). The International Australian Energy Company was owned by Black Giant Oil Company in the US, which in turn was owned by International Royalty and Oil Company also based in the US. The Texan oilman Robert Kanton held a sixteen percent share in the latter. Kanton had an idea that the Mimosa Syncline in the south-eastern Bowen Basin was a gas trap waiting to be exploited. To test the theory he needed capital. Kanton presented the idea to Houston Oil and Minerals which had the financial backing to take the risk. Shotover No. 1 was drilled by Houston Oil and Minerals thirty miles south-east of the coal mining town of Blackwater. By late August 1975 it was drilled to 2,717 metres, discovered to have little gas, spudded, and, after a spend of $610,000, abandoned. The data from the Shotover well showed that the porosity of the rocks in the area was not a trap, and the Mimosa Syncline was therefore downgraded as a possible hydrocarbon location. There was, however, a small amount of gas found in the coal seams (Benbow 16). The well had passed through the huge coal seams of both the Bowen and Surat basins—important basins for the future of both the coal and gas industries. Mining Concepts In 1975, while Houston Oil and Minerals was drilling the Shotover well, US Steel and the US Bureau of Mines used hydraulic fracture, a technique already used in the petroleum industry, to drill vertical surface wells to drain gas from a coal seam (Methane Drainage Taskforce 102). They were able to remove gas from the coal seam before it was mined and sold enough to make a profit. With the well data from the Shotover well in Australia compiled, Houston returned to the US to research the possibility of harvesting methane in Australia. As the company saw it, methane drainage was “a novel exploitation concept” and the methane in the Bowen Basin was an “enormous hydrocarbon resource” (Wiltshire 7). The Shotover well passed through a section of the German Creek Coal measures and this became their next target. In September 1976 the Shotover well was re-opened and plugged at 1499 meters to become Australia’s first exploratory unconventional gas well. By the end of the month the rig was released and gas production tested. At one point an employee on the drilling operation observed a gas flame “the size of a 44 gal drum” (HOMA, “Shotover # 1” 9). But apart from the brief show, no gas flowed. And yet, Houston Oil and Minerals was not deterred, as they had already taken out other leases for further prospecting (Wiltshire 4). Only a week after the Shotover well had failed, Houston moved the methane search south-east to an area five miles north of the Moura township. Houston Oil and Minerals had researched the coal exploration seismic surveys of the area that were conducted in 1969, 1972, and 1973 to choose the location. Over the next two months in late 1976, two new wells—Kinma No.1 and Carra No.1—were drilled within a mile from each other and completed as gas wells. Houston Oil and Minerals also purchased the old oil exploration well Moura No. 1 from the Queensland Government and completed it as a suspended gas well. The company must have mined the Department of Mines archive to find Moura No.1, as the previous exploration report from 1969 noted methane given off from the coal seams (Sell). By December 1976 Houston Oil and Minerals had three gas wells in the vicinity of each other and by early 1977 testing had occurred. The results were disappointing with minimal gas flow at Kinma and Carra, but Moura showed a little more promise. Here, the drillers were able to convert their Fairbanks-Morse engine driving the pump from an engine run on LPG to one run on methane produced from the well (Porter, “Moura # 1”). Drink This? Although there was not much gas to find in the test production phase, there was a lot of water. The exploration reports produced by the company are incomplete (indeed no report was available for the Shotover well), but the information available shows that a large amount of water was extracted before gas started to flow (Porter, “Carra # 1”; Porter, “Moura # 1”; Porter, “Kinma # 1”). As Porter’s reports outline, prior to gas flowing, the water produced at Carra, Kinma and Moura totalled 37,600 litres, 11,900 and 2,900 respectively. It should be noted that the method used to test the amount of water was not continuous and these amounts were not the full amount of water produced; also, upon gas coming to the surface some of the wells continued to produce water. In short, before any gas flowed at the first unconventional gas wells in Australia at least 50,000 litres of water were taken from underground. Results show that the water was not ready to drink (Mathers, “Moura # 1”; Mathers, “Appendix 1”; HOMA, “Miscellaneous Pages” 21-24). The water had total dissolved solids (minerals) well over the average set by the authorities (WHO; Apps Laboratories; NHMRC; QDAFF). The well at Kinma recorded the highest levels, almost two and a half times the unacceptable standard. On average the water from the Moura well was of reasonable standard, possibly because some water was extracted from the well when it was originally sunk in 1969; but the water from Kinma and Carra was very poor quality, not good enough for crops, stock or to be let run into creeks. The biggest issue was the sodium concentration; all wells had very high salt levels. Kinma and Carra were four and two times the maximum standard respectively. In short, there was a substantial amount of poor quality water produced from drilling and testing the three wells. Fracking Australia Hydraulic fracturing is an artificial process that can encourage more gas to flow to the surface (McGraw; Fischetti; Senate). Prior to the testing phase at the Moura field, well data was sent to the Chemical Research and Development Department at Halliburton in Oklahoma, to examine the ability to fracture the coal and shale in the Australian wells. Halliburton was the founding father of hydraulic fracture. In Oklahoma on 17 March 1949, operating under an exclusive license from Standard Oil, this company conducted the first ever hydraulic fracture of an oil well (Montgomery and Smith). To come up with a program of hydraulic fracturing for the Australian field, Halliburton went back to the laboratory. They bonded together small slabs of coal and shale similar to Australian samples, drilled one-inch holes into the sample, then pressurised the holes and completed a “hydro-frac” in miniature. “These samples were difficult to prepare,” they wrote in their report to Houston Oil and Minerals (HOMA, “Miscellaneous Pages” 10). Their program for fracturing was informed by a field of science that had been evolving since the first hydraulic fracture but had rapidly progressed since the first oil shock. Halliburton’s laboratory test had confirmed that the model of Perkins and Kern developed for widths of hydraulic fracture—in an article that defined the field—should also apply to Australian coals (Perkins and Kern). By late January 1977 Halliburton had issued Houston Oil and Minerals with a program of hydraulic fracture to use on the central Queensland wells. On the final page of their report they warned: “There are many unknowns in a vertical fracture design procedure” (HOMA, “Miscellaneous Pages” 17). In July 1977, Moura No. 1 became the first coal seam gas well hydraulically fractured in Australia. The exploration report states: “During July 1977 the well was killed with 1% KCL solution and the tubing and packer were pulled from the well … and pumping commenced” (Porter 2-3). The use of the word “kill” is interesting—potassium chloride (KCl) is the third and final drug administered in the lethal injection of humans on death row in the USA. Potassium chloride was used to minimise the effect on parts of the coal seam that were water-sensitive and was the recommended solution prior to adding other chemicals (Montgomery and Smith 28); but a word such as “kill” also implies that the well and the larger environment were alive before fracking commenced (Giblett; Trigger). Pumping recommenced after the fracturing fluid was unloaded. Initially gas supply was very good. It increased from an average estimate of 7,000 cubic feet per day to 30,000, but this only lasted two days before coal and sand started flowing back up to the surface. In effect, the cleats were propped open but the coal did not close and hold onto them which meant coal particles and sand flowed back up the pipe with diminishing amounts of gas (Walters 12). Although there were some interesting results, the program was considered a failure. In April 1978, Houston Oil and Minerals finally abandoned the methane concept. Following the failure, they reflected on the possibilities for a coal seam gas industry given the gas prices in Queensland: “Methane drainage wells appear to offer no economic potential” (Wooldridge 2). At the wells they let the tubing drop into the hole, put a fifteen foot cement plug at the top of the hole, covered it with a steel plate and by their own description restored the area to its “original state” (Wiltshire 8). Houston Oil and Minerals now turned to “conventional targets” which included coal exploration (Wiltshire 7). A Thousand Memories The first four wells show some of the critical environmental issues that were present from the outset of the industry in Australia. The process of hydraulic fracture was not just a failure, but conducted on a science that had never been tested in Australia, was ponderous at best, and by Halliburton’s own admission had “many unknowns”. There was also the role of large multinationals providing “experience” (Briody; Hiscock) and conducting these tests while having limited knowledge of the Australian landscape. Before any gas came to the surface, a large amount of water was produced that was loaded with a mixture of salt and other heavy minerals. The source of water for both the mud drilling of Carra and Kinma, as well as the hydraulic fracture job on Moura, was extracted from Kianga Creek three miles from the site (HOMA, “Carra # 1” 5; HOMA, “Kinma # 1” 5; Porter, “Moura # 1”). No location was listed for the disposal of the water from the wells, including the hydraulic fracture liquid. Considering the poor quality of water, if the water was disposed on site or let drain into a creek, this would have had significant environmental impact. Nobody has yet answered the question of where all this water went. The environmental issues of water extraction, saline water and hydraulic fracture were present at the first four wells. At the first four wells environmental concern was not a priority. The complexity of inter-company relations, as witnessed at the Shotover well, shows there was little time. The re-use of old wells, such as the Moura well, also shows that economic priorities were more important. Even if environmental information was considered important at the time, no one would have had access to it because, as handwritten notes on some of the reports show, many of the reports were “confidential” (Sell). Even though coal mines commenced filing Environmental Impact Statements in the early 1970s, there is no such documentation for gas exploration conducted by Houston Oil and Minerals. A lack of broader awareness for the surrounding environment, from floral and faunal health to the impact on habitat quality, can be gleaned when reading across all the exploration reports. Nearly four decades on and we now have thousands of wells throughout the world. Yet, the challenges of unconventional gas still persist. The implications of the environmental history of the first four wells in Australia for contemporary unconventional gas exploration and development in this country and beyond are significant. Many environmental issues were present from the beginning of the coal seam gas industry in Australia. Owning up to this history would place policy makers and regulators in a position to strengthen current regulation. The industry continues to face the same challenges today as it did at the start of development—including water extraction, hydraulic fracturing and problems associated with drilling through underground aquifers. Looking more broadly at the unconventional gas industry, shale gas has appeared as the next target for energy resources in Australia. Reflecting on the first exploratory shale gas wells drilled in Central Australia, the chief executive of the company responsible for the shale gas wells noted their deliberate decision to locate their activities in semi-desert country away from “an area of prime agricultural land” and conflict with environmentalists (quoted in Molan). Moreover, the journalist Paul Cleary recently complained about the coal seam gas industry polluting Australia’s food-bowl but concluded that the “next frontier” should be in “remote” Central Australia with shale gas (Cleary 195). It appears that preference is to move the industry to the arid centre of Australia, to the ecologically and culturally unique Lake Eyre Basin region (Robin and Smith). 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Jackson. “Methane Contamination of Drinking Water Accompanying Gas-Well Drilling and Hydraulic Fracturing.” Proceedings of the National Academy of Sciences 108.20 (2011): 8172-8176. Perkins, T.K., and L.R. Kern. “Widths of Hydraulic Fractures.” Journal of Petroleum Technology 13.9 (1961): 937-949. Porter, Seton M. “Carra # 1:Testing Report, Methane Drainage of the Baralaba Coal Measures, A.T.P. 226P, Central Queensland, Australia.” Oct. 1977. Queensland Digital Exploration Reports. Company Report 6054_7. Brisbane: Queensland Department of Resources and Mines. 21 Feb. 2012 ‹https://qdexguest.deedi.qld.gov.au/portal/site/qdex/search?REPORT_ID=6054&COLLECTION_ID=999›. ———. “Kinma # 1: Testing Report, Methane Drainage of the Baralaba Coal Measures, A.T.P. 226P, Central Queensland, Australia.” Oct. 1977. Queensland Digital Exploration Reports. Company Report 6190_16. Brisbane: Queensland Department of Resources and Mines. 21 Feb. 2012 ‹https://qdexguest.deedi.qld.gov.au/portal/site/qdex/search?REPORT_ID=6190&COLLECTION_ID=999›. ———. “Moura # 1: Testing Report: Methane Drainage of the Baralaba Coal Measures: A.T.P. 226P, Central Queensland, Australia.” Oct. 1977. Queensland Digital Exploration Reports. Company Report 6190_15. Brisbane: Queensland Department of Resources and Mines. 21 Feb. 2012 ‹https://qdexguest.deedi.qld.gov.au/portal/site/qdex/search?REPORT_ID=6190&COLLECTION_ID=999›. QDAFF (Queensland Department of Agriculture, Fisheries and Forestry). “Interpreting Water Analysis for Crop and Pasture.” 1 Aug. 2012. 1 May 2013 ‹http://www.daff.qld.gov.au/ 26_4347.htm›. Robin, Libby, and Mike Smith. “Prologue.” Desert Channels: The Impulse To Conserve. Eds. Libby Robin, Chris Dickman and Mandy Martin. Collingwood: CSIRO Publishing, 2010. XIII-XVII. Rogers, Rudy E. Coalbed Methane: Principles and Practice. Englewood Cliffs: Prentice Hill, 1994. Sell, B.H. “T.E.P.L. Moura No.1 Well Completion Report.” October 1969. Queensland Digital Exploration Reports. Company Report 2899_1. Brisbane: Queensland Department of Resources and Mines. 26 Feb. 2013 ‹https://qdexguest.deedi.qld.gov.au/portal/site/qdex/search?REPORT_ID=2899&COLLECTION_ID=999›. Senate. Management of the Murray Darling Basin: Interim Report: The Impact of Coal Seam Gas on the Management of the Murray Darling Basin. Canberra: Rural Affairs and Transport References Committee, 2011. Schraufnagel, Richard, Richard McBane, and Vello Kuuskraa. “Coalbed Methane Development Faces Technology Gaps.” Oil & Gas Journal 88.6 (1990): 48-54. Trigger, David. “Mining, Landscape and the Culture of Development Ideology in Australia.” Ecumene 4 (1997): 161-180. Walters, Ronald L. Letter to Dennis Benbow. 29 August 1977. In Seton M. Porter, “Moura # 1: Testing Report: Methane Drainage of the Baralaba Coal Measures: A.T.P. 226P, Central Queensland, Australia.” October 1977, 11-14. Queensland Digital Exploration Reports. Company Report 6190_15. Brisbane: Queensland Department of Resources and Mines. 21 Feb. 2012 ‹https://qdexguest.deedi.qld.gov.au/portal/site/qdex/search?REPORT_ID=6190&COLLECTION_ID=999›. WHO (World Health Organization). International Standards for Drinking-Water. 3rd Ed. Geneva, 1971. Wilkinson, Rick. A Thirst for Burning: The Story of Australia's Oil Industry. Sydney: David Ell Press, 1983. Wiltshire, M.J. “A Review to ATP 233P, 231P (210P) – Bowen/Surat Basins, Queensland for Houston Oil Minerals Australia, Inc.” 19 Jan. 1979. Queensland Digital Exploration Reports Database. Company Report 6816. Brisbane: Queensland Department of Resources and Mines. 21 Feb. 2012 ‹https://qdexguest.deedi.qld.gov.au/portal/site/qdex/search?REPORT_ID=6816&COLLECTION_ID=999›. Wooldridge, L.C.P. “Methane Drainage in the Bowen Basin – Queensland.” 25 Aug. 1978. Queensland Digital Exploration Reports Database. Company Report 6626_1. Brisbane: Queensland Department of Resources and Mines. 31 May 2012 ‹https://qdexguest.deedi.qld.gov.au/portal/site/qdex/search?REPORT_ID=6626&COLLECTION_ID=999›.

In Australia, Water Sensitive Urban Design (WSUD) or Sustainable Urban Drainage (SUDS)is being used to integrate urban drainage and water supply infrastructure planning and designwith elements of hydrology, ecology, land use planning and landscaping, To support thisdirection, various National and State guidelines and legislation have been developed that areaimed at changing traditional engineering and urban design practice,Recent droughts affecting most of Eastern Australia, including three capital cities, has led to afocus on urban water management. This has increased the attention and recognition ofintegrated water management including water conservation, demand management,diversification of supply, protecting environmental flows and improving water quality at thereceiving bodies. Within Australia, stormwater reuse is being promoted as one way to lessenthe demand on drinking water supplies for non-potable uses. Important for urban areas is theneed for appropriate levels of treatment (depending on use) and sufficient storage to provide areliable supply. From an integrated water management perspective such projects can havemultiple benefits through managing the discharge and improving the quality from lowfrequent storms at the local scale while providing broader water conservation gains across theurban area.This paper discusses two case studies from Australia that have applied integrated watermanagement principles within an existing urban catchment. These include a stormwaterharvesting project to irrigate a sports field and a car park bioretention system to treat roadrunoff before it discharges to a natural stream.

The experience of legal regulation of relations in the sphere of waters protection from nitrate pollution in the EU is researched in this article. A scientific and theoretical analysis of the national legislation development, taking into account the requirements of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources is provided. It is stated that our country does not follow the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, ratified by the Law of Ukraine of September 16, 2014 regarding of implementation of the above Directive (initial deadline – 2017). Extending the deadline to December 31, 2020, does not guarantee that the legislation will be conformed its requirements. So the Code of Good Agricultural Practices, the Methodology for Identifying Vulnerable Areas, and the Action Plan for Reducing Nitrate Pollution from Agricultural Sources have not been accepted until now. Accordingly, work is not being done regarding to: identify nitrate-vulnerable areas; creation of their register, also monitoring of nitrate content in surface and ground water. In addition, the experience of leading European countries shows that it is impossible to implement the provisions of this Directive with out organizing the financing of its activities and the creation of an effective system for monitoring their implementation. Keywords: water quality, water object, drinking water, nitrate pollution, vulnerable zone, monitoring of nitrate, content, implementation of legislation, rural area

The management of water resources, especially drinking water, is no longer the responsibility of single municipal councils or groups of councils because European Union, national and regional legislation created and appointed authorities and bodies for this purpose. Faced with a strategic problem such as the management of water resources, local government in Tuscany has the task of defining planning strategies in line with Regional law no. 65/2014. This study is part of research aimed at defining water management at province level in the framework of regional planning. The study area includes the whole Province of Siena, where we evaluated surface- and ground- water resources, during preparation of the land management plan (territorial coordination plan) of the province, with special attention to aquifers that the Regional government considers significant (Relevant Groundwater Bodies and therefore strategic for the Province. We compared the groundwater resources with the overall demand for water in the Province in order to assess the sustainability of activities determining that demand; we also evaluated the danger level and risk of contamination, defining the corresponding vulnerabilities for the whole Province. The vulnerabilities were matched with a series of rules aimed at regulating land use so as to minimise the risk of polluting groundwater.

On Wednesday 21 April the Minister for Communications, Information Technology and the Arts introduced a piece of legislation into the Australian Senate to regulate the way Australians use the Internet. This legislation is presented within Australia's existing system of content regulation, a scheme that the Minister describes is not censorship, but merely regulation (Alston 55). Underlying Senator Alston's rhetoric about the protection of children from snuff film makers, paedophiles, drug pushers and other criminals, this long anticipated bill is aimed at reducing the amount of pornographic materials available via computer networks, a censorship regime in an age when regulation and classification are the words we prefer to use when society draws the line under material we want to see, but dare not allow ourselves access to. Regardless of any noble aspirations expressed by free-speech organisations such as Electronic Frontiers Australia relating to the defence of personal liberty and freedom of expression, this legislation is about porn. Under the Bill, Australia would proscribe our citizens from accessing: explicit depictions of sexual acts between consenting adults; mild non-violent fetishes; depictions of sexual violence, coercion or non-consent of any kind; depictions of child sexual abuse, bestiality, sexual acts accompanied by offensive fetishes, or exploitative incest fantasies; unduly detailed and/or relished acts of extreme violence or cruelty; explicit or unjustifiable depictions of sexual violence against non-consenting persons; and detailed instruction or encouragement in matters of crime or violence or the abuse of proscribed drugs. (OFLC) The Australian public, as a whole, favour the availability of sexually explicit materials in some form, with OFLC data indicating a relatively high degree of public support for X rated videos, the "high end" of the porn market (Paterson et al.). In Australia strict regulation of X rated materials in conventional media has resulted in a larger illegal market for these materials than the legalised sex industries of the ACT and Northern Territory (while 1.2 million X rated videos are legally sold out of the territories, 2 million are sold illegally in other jurisdictions, according to Patten). In Australia, censorship of media content has traditionally been based on the principles of the protection of society from moral harm and individual degradation, with specific emphasis on the protection of innocents from material they are not old enough for, or mentally capable of dealing with (Joint Select Committee on Video Material). Even when governments distanced themselves from direct personal censorship (such as Don Chipp's approach to the censorship of films and books in the late 1960s and early 1970s) and shifted the rationale behind censorship from prohibition to classification, the publicly stated aims of these decisions have been the support of existing community standards, rather than the imposition of strict legalistic moral values upon an unwilling society. In the debates surrounding censorship, and especially the level of censorship applied (rather than censorship as a whole), the question "what is the community we are talking about here?" has been a recurring theme. The standards that are applied to the regulation of media content, both online and off, are often the focus of community debate (a pluralistic community that obviously lacks "standards" by definition of the word). In essence the problem of maintaining a single set of moral and ethical values for the treatment of media content is a true political dilemma: a problem that lacks any form of solution acceptable to all participants. Since the introduction of the Internet as a "mass" medium (or more appropriately, a "popular" one), government indecision about how best to treat this new technology has precluded any form or content regulation other than the ad hoc use of existing non-technologically specific law to deal with areas of criminal or legally sanctionable intent (such as the use of copyright law, or the powers under the Crimes Act relating to the improper use of telecommunications services). However, indecision in political life is often associated with political weakness, and in the face of pressure to act decisively (motivated again by "community concern"), the Federal government has decided to extend the role of the Australian Broadcasting Authority to regulate and impose a censorship regime on Australian access of morally harmful materials. It is important to note the government's intention to censor access, rather than content of the Internet. While material hosted in Australia (ignoring, of course, the "cyberspace" definitions of non-territorial existence of information stored in networks) will be censored (removed from Australia computers), the government, lacking extraterritorial powers to compel the owners of machines located offshore, intends to introduce of some form of refused access list to materials located in other nations. What is interesting to consider in this context is the way that slight shifts of definitional paradigm alter the way this legislation can be considered. If information flows (upon which late capitalism is becoming more dependent) were to be located within the context of international law governing the flow of waterways, does the decision to prevent travel of morally dubious material through Australia's informational waterways impinge upon the riparian rights of other nations (the doctrine of fair usage without impeding flow; Godana 50)? Similarly, if we take Smith's extended definition of community within electronic transactional spaces (the maintenance of members' commitment to the group, monitoring and sanctioning behaviour and the production and distribution of resources), then the current Bill proposes the regulation of the activities of one community by another (granted, a larger community that incorporates the former). Seen in this context, this legislation is the direct intervention in an established social order by a larger and less homogeneous group. It may be trite to quote the Prime Minister's view of community in this context, where he states ...It is free individuals, strong communities and the rule of law which are the best defence against the intrusive power of the state and against those who think they know what is best for everyone else. (Howard 21) possibly because the paradigm in which this new legislation is situated does not classify those Australians online (who number up to 3 million) as a community in their own right. In a way the Internet users of Australia have never identified themselves as a community, nor been asked to act in a communitarian manner. While discussions about the value of community models when applied to the Internet are still divided, there are those who argue that their use of networked services can be seen in this light (Worthington). What this new legislation does, however, is preclude the establishment of public communities in order to meet the desires of government for some limits to be placed on Internet content. The Bill does allow for the development of "restricted access systems" that would allow pluralistic communities to develop and engage in a limited amount of self-regulation. These systems include privately accessible Intranets, or sites that restrict access through passwords or some other form of age verification technique. Thus, ignoring the minimum standards that will be required for these communities to qualify for some measure of self-regulatory freedom, what is unspoken here is that specific subsections of the Internet population may exist, provided they keep well away from the public gaze. A ghetto without physical walls. Under the Bill, a co-regulatory approach is endorsed by the government, favouring the establishment of industry codes of practice by ISPs and (or) the establishment of a single code of practice by the content hosting industry (content developers are relegated to yet undetermined complementary state legislation). However, this section of the Bill, in mandating a range of minimum requirements for these codes of practice, and denying plurality to the content providers, places an administrative imperative above any communitarian spirit. That is, that the Internet should have no more than one community, it should be an entity bound by a single guiding set of principles and be therefore easier to administer by Australian censors. This administrative imperative re-encapsulates the dilemma faced by governments dealing with the Internet: that at heart, the broadcast and print press paradigms of existing censorship regimes face massive administrative problems when presented with a communications technology that allows for wholesale publication of materials by individuals. Whereas the limited numbers of broadcasters and publishers have allowed the development of Australia's system of classification of materials (on a sliding scale from G to RC classifications or the equivalent print press version), the new legislation introduced into the Senate uses the classification scheme simply as a censorship mechanism: Internet content is either "ok" or "not ok". From a public administration perspective, this allows government to drastically reduce the amount of work required by regulators and eases the burden of compliance costs by ISPs, by directing clear and unambiguous statements about the acceptability of existing materials placed online. However, as we have seen in other areas of social policy (such as the rationalisation of Social Security services or Health), administrative expedience is often antipathetic to small communities that have special needs, or cultural sensitivities outside of mainstream society. While it is not appropriate to argue that public administration creates negative social impacts through expedience, what can be presented is that, where expedience is a core aim of legislation, poor administration may result. For many Australian purveyors of pornography, my comments will be entirely unhelpful as they endeavour to find effective ways to spoof offshore hosts or bone up (no pun intended) on tunnelling techniques. Given the easy way in which material can be reconstituted and relocated on the Internet, it seems likely that some form of regulatory avoidance will occur by users determined not to have their content removed or blocked. For those regulators given the unenviable task of censoring Internet access it may be worthwhile quoting from Sexing the Cherry, in which Jeanette Winterson describes the town: whose inhabitants are so cunning that to escape the insistence of creditors they knock down their houses in a single night and rebuild them elsewhere. So the number of buildings in the city is always constant but they are never in the same place from one day to the next. (43) Thus, while Winterson saw this game as a "most fulfilling pastime", it is likely to present real administrative headaches to ABA regulators when attempting to enforce the Bill's anti-avoidance clauses. The Australian government, in adapting existing regulatory paradigms to the Internet, has overlooked the informal communities who live, work and play within the virtual world of cyberspace. In attempting to meet a perceived social need for regulation with political and administrative expedience, it has ignored the potentially cohesive role of government in developing self-regulating communities who need little government intervention to produce socially beneficial outcomes. In proscribing activity externally to the realm in which these communities reside, what we may see is a new type of community, one whose desire for a feast of flesh leads them to evade the activities of regulators who operate in the "meat" world. What this may show us is that in a virtual environment, the regulators' net is no match for a world wide web. References Alston, Richard. "Regulation is Not Censorship." The Australian 13 April 1999: 55. Paterson, K., et. al. Classification Issues: Film, Video and Television. Sydney: The Office of Film and Literature Classification, 1993. Patten, F. Personal interview. 9 Feb. 1999. Godana, B.A. Africa's Shared Water Resources: Legal and Institutional Aspects of the Nile, Niger and Senegal River Systems. London: Frances Pinter, 1985. Howard, John. The Australia I Believe In: The Values, Directions and Policy Priorities of a Coalition Government Outlined in 1995. Canberra: Liberal Party, 1995. Joint Select Committee On Video Material. Report of the Joint Select Committee On Video Material. Canberra: APGS, 1988. Office of Film and Literature Classification. Cinema & Video Ratings Guide. 1999. 1 May 1999 <http://www.oflc.gov.au/classinfo.php>. Smith, Marc A. "Voices from the WELL: The Logic of the Virtual Commons." 1998. 2 Mar. 1999 <http://www.sscnet.ucla.edu/soc/csoc/papers/voices/Voices.htm>. Winterson, Jeanette. Sexing the Cherry. New York: Vintage Books. 1991. Worthington, T. Testimony before the Senate Select Committee on Information Technologies. Unpublished, 1999. Citation reference for this article MLA style: Peter Chen. "Community without Flesh: First Thoughts on the New Broadcasting Services Amendment (Online Services) Bill 1999." M/C: A Journal of Media and Culture 2.3 (1999). [your date of access] <http://www.uq.edu.au/mc/9905/bill.php>. Chicago style: Peter Chen, "Community without Flesh: First Thoughts on the New Broadcasting Services Amendment (Online Services) Bill 1999," M/C: A Journal of Media and Culture 2, no. 3 (1999), <http://www.uq.edu.au/mc/9905/bill.php> ([your date of access]). APA style: Author. (1999) Community without flesh: first thoughts on the new broadcasting services amendment (online services) bill 1999. M/C: A Journal of Media and Culture 2(3). <http://www.uq.edu.au/mc/9905/bill.php> ([your date of access]).

In Australia the “intimacy” of citizenship (Berlant 2), is often used to reinforce subscription to heteronormative romantic and familial structures. Because this framing promotes discourses of moral failure, recent political attention to sexuality and same-sex couples can be filtered through insights into coalitional affiliations. This paper uses contemporary shifts in Australian politics and culture to think through the concept of coalition, and in particular to analyse connections between sexuality and governmentality (or more specifically normative bias and same-sex relationships) in what I’m calling post-coalitional Australia. Against the unpredictability of changing parties and governments, allegiances and alliances, this paper suggests the continuing adherence to a heteronormatively arranged public sphere. After the current Australian Prime Minister Julia Gillard deposed the previous leader, Kevin Rudd, she clung to power with the help of independents and the Greens, and clichés of a “rainbow coalition” and a “new paradigm” were invoked to describe the confused electorate and governmental configuration. Yet in 2007, a less confused Australia decisively threw out the Howard–led Liberal and National Party coalition government after eleven years, in favour of Rudd’s own rainbow coalition: a seemingly invigorated party focussed on gender equity, Indigenous Australians, multi-cultural visibility, workplace relations, Austral-Asian relations, humane refugee processing, the environment, and the rights and obligations of same-sex couples. A post-coalitional Australia invokes something akin to “aftermath culture” (Lambert and Simpson), referring not just to Rudd’s fall or Howard’s election loss, but to the broader shifting contexts within which most Australian citizens live, and within which they make sense of the terms “Australia” and “Australian”. Contemporary Australia is marked everywhere by cracks in coalitions and shifts in allegiances and belief systems – the Coalition of the Willing falling apart, the coalition government crushed by defeat, deposed leaders, and unlikely political shifts and (re)alignments in the face of a hung parliament and renewed pushes toward moral and cultural change. These breakdowns in allegiances are followed by swift symbolically charged manoeuvres. Gillard moved quickly to repair relations with mining companies damaged by Rudd’s plans for a mining tax and to water down frustration with the lack of a sustainable Emissions Trading Scheme. And one of the first things Kevin Rudd did as Prime Minister was to change the fittings and furnishings in the Prime Ministerial office, of which Wright observed that “Mr Howard is gone and Prime Minister Kevin Rudd has moved in, the Parliament House bureaucracy has ensured all signs of the old-style gentlemen's club… have been banished” (The Age, 5 Dec. 2007). Some of these signs were soon replaced by Ms. Gillard herself, who filled the office in turn with memorabilia from her beloved Footscray, an Australian Rules football team. In post-coalitional Australia the exile of the old Menzies’ desk and a pair of Chesterfield sofas works alongside the withdrawal of troops from Iraq and renewed pledges for military presence in Afghanistan, apologising to stolen generations of Indigenous Australians, the first female Governor General, deputy Prime Minister and then Prime Minister (the last two both Gillard), the repealing of disadvantageous workplace reform, a focus on climate change and global warming (with limited success as stated), a public, mandatory paid maternity leave scheme, changes to the processing and visas of refugees, and the amendments to more than one hundred laws that discriminate against same sex couples by the pre-Gillard, Rudd-led Labor government. The context for these changes was encapsulated in an announcement from Rudd, made in March 2008: Our core organising principle as a Government is equality of opportunity. And advancing people and their opportunities in life, we are a Government which prides itself on being blind to gender, blind to economic background, blind to social background, blind to race, blind to sexuality. (Rudd, “International”) Noting the political possibilities and the political convenience of blindness, this paper navigates the confusing context of post-coalitional Australia, whilst proffering an understanding of some of the cultural forces at work in this age of shifting and unstable alliances. I begin by interrogating the coalitional impulse post 9/11. I do this by connecting public coalitional shifts to the steady withdrawal of support for John Howard’s coalition, and movement away from George Bush’s Coalition of the Willing and the War on Terror. I then draw out a relationship between the rise and fall of such affiliations and recent shifts within government policy affecting same-sex couples, from former Prime Minister Howard’s amendments to The Marriage Act 1961 to the Rudd-Gillard administration’s attention to the discrimination in many Australian laws. Sexual Citizenship and Coalitions Rights and entitlements have always been constructed and managed in ways that live out understandings of biopower and social death (Foucault History; Discipline). The disciplining of bodies, identities and pleasures is so deeply entrenched in government and law that any non-normative claim to rights requires the negotiation of existing structures. Sexual citizenship destabilises the post-coalitional paradigm of Australian politics (one of “equal opportunity” and consensus) by foregrounding the normative biases that similarly transcend partisan politics. Sexual citizenship has been well excavated in critical work from Evans, Berlant, Weeks, Richardson, and Bell and Binnie’s The Sexual Citizen which argues that “many of the current modes of the political articulation of sexual citizenship are marked by compromise; this is inherent in the very notion itself… the twinning of rights with responsibilities in the logic of citizenship is another way of expressing compromise… Every entitlement is freighted with a duty” (2-3). This logic extends to political and economic contexts, where “natural” coalition refers primarily to parties, and in particular those “who have powerful shared interests… make highly valuable trades, or who, as a unit, can extract significant value from others without much risk of being split” (Lax and Sebinius 158). Though the term is always in some way politicised, it need not refer only to partisan, multiparty or multilateral configurations. The subscription to the norms (or normativity) of a certain familial, social, religious, ethnic, or leisure groups is clearly coalitional (as in a home or a front, a club or a team, a committee or a congregation). Although coalition is interrogated in political and social sciences, it is examined frequently in mathematical game theory and behavioural psychology. In the former, as in Axelrod’s The Evolution of Cooperation, it refers to people (or players) who collaborate to successfully pursue their own self-interests, often in the absence of central authority. In behavioural psychology the focus is on group formations and their attendant strategies, biases and discriminations. Experimental psychologists have found “categorizing individuals into two social groups predisposes humans to discriminate… against the outgroup in both allocation of resources and evaluation of conduct” (Kurzban, Tooby and Cosmides 15387). The actions of social organisation (and not unseen individual, supposedly innate impulses) reflect the cultural norms in coalitional attachments – evidenced by the relationship between resources and conduct that unquestioningly grants and protects the rights and entitlements of the larger, heteronormatively aligned “ingroup”. Terror Management Particular attention has been paid to coalitional formations and discriminatory practices in America and the West since September 11, 2001. Terror Management Theory or TMT (Greenberg, Pyszczynski and Solomon) has been the main framework used to explain the post-9/11 reassertion of large group identities along ideological, religious, ethnic and violently nationalistic lines. Psychologists have used “death-related stimuli” to explain coalitional mentalities within the recent contexts of globalised terror. The fear of death that results in discriminatory excesses is referred to as “mortality salience”, with respect to the highly visible aspects of terror that expose people to the possibility of their own death or suffering. Naverette and Fessler find “participants… asked to contemplate their own deaths exhibit increases in positive evaluations of people whose attitudes and values are similar to their own, and derogation of those holding dissimilar views” (299). It was within the climate of post 9/11 “mortality salience” that then Prime Minister John Howard set out to change The Marriage Act 1961 and the Family Law Act 1975. In 2004, the Government modified the Marriage Act to eliminate flexibility with respect to the definition of marriage. Agitation for gay marriage was not as noticeable in Australia as it was in the U.S where Bush publicly rejected it, and the UK where the Civil Union Act 2004 had just been passed. Following Bush, Howard’s “queer moral panic” seemed the perfect decoy for the increased scrutiny of Australia’s involvement in the Iraq war. Howard’s changes included outlawing adoption for same-sex couples, and no recognition for legal same-sex marriages performed in other countries. The centrepiece was the wording of The Marriage Amendment Act 2004, with marriage now defined as a union “between a man and a woman to the exclusion of all others”. The legislation was referred to by the Australian Greens Senator Bob Brown as “hateful”, “the marriage discrimination act” and the “straight Australia policy” (Commonwealth 26556). The Labor Party, in opposition, allowed the changes to pass (in spite of vocal protests from one member) by concluding the legal status of same-sex relations was in no way affected, seemingly missing (in addition to the obvious symbolic and physical discrimination) the equation of same-sex recognition with terror, terrorism and death. Non-normative sexual citizenship was deployed as yet another form of “mortality salience”, made explicit in Howard’s description of the changes as necessary in protecting the sanctity of the “bedrock institution” of marriage and, wait for it, “providing for the survival of the species” (Knight, 5 Aug. 2003). So two things seem to be happening here: the first is that when confronted with the possibility of their own death (either through terrorism or gay marriage) people value those who are most like them, joining to devalue those who aren’t; the second is that the worldview (the larger religious, political, social perspectives to which people subscribe) becomes protection from the potential death that terror/queerness represents. Coalition of the (Un)willing Yet, if contemporary coalitions are formed through fear of death or species survival, how, for example, might these explain the various forms of risk-taking behaviours exhibited within Western democracies targeted by such terrors? Navarette and Fessler (309) argue that “affiliation defences are triggered by a wider variety of threats” than “existential anxiety” and that worldviews are “in turn are reliant on ‘normative conformity’” (308) or “normative bias” for social benefits and social inclusions, because “a normative orientation” demonstrates allegiance to the ingroup (308-9). Coalitions are founded in conformity to particular sets of norms, values, codes or belief systems. They are responses to adaptive challenges, particularly since September 11, not simply to death but more broadly to change. In troubled times, coalitions restore a shared sense of predictability. In Howard’s case, he seemed to say, “the War in Iraq is tricky but we have a bigger (same-sex) threat to deal with right now. So trust me on both fronts”. Coalitional change as reflective of adaptive responses thus serves the critical location of subsequent shifts in public support. Before and since September 11 Australians were beginning to distinguish between moderation and extremism, between Christian fundamentalism and productive forms of nationalism. Howard’s unwavering commitment to the American-led war in Iraq saw Australia become a member of another coalition: the Coalition of the Willing, a post 1990s term used to describe militaristic or humanitarian interventions in certain parts of the world by groups of countries. Howard (in Pauly and Lansford 70) committed Australia to America’s fight but also to “civilization's fight… of all who believe in progress and pluralism, tolerance and freedom”. Although Bush claimed an international balance of power and influence within the coalition (94), some countries refused to participate, many quickly withdrew, and many who signed did not even have troops. In Australia, the war was never particularly popular. In 2003, forty-two legal experts found the war contravened International Law as well as United Nations and Geneva conventions (Sydney Morning Herald 26 Feb. 2003). After the immeasurable loss of Iraqi life, and as the bodies of young American soldiers (and the occasional non-American) began to pile up, the official term “coalition of the willing” was quietly abandoned by the White House in January of 2005, replaced by a “smaller roster of 28 countries with troops in Iraq” (ABC News Online 22 Jan. 2005). The coalition and its larger war on terror placed John Howard within the context of coalitional confusion, that when combined with the domestic effects of economic and social policy, proved politically fatal. The problem was the unclear constitution of available coalitional configurations. Howard’s continued support of Bush and the war in Iraq compounded with rising interest rates, industrial relations reform and a seriously uncool approach to the environment and social inclusion, to shift perceptions of him from father of the nation to dangerous, dithery and disconnected old man. Post-Coalitional Change In contrast, before being elected Kevin Rudd sought to reframe Australian coalitional relationships. In 2006, he positions the Australian-United States alliance outside of the notion of military action and Western territorial integrity. In Rudd-speak the Howard-Bush-Blair “coalition of the willing” becomes F. Scott Fitzgerald’s “willingness of the heart”. The term coalition was replaced by terms such as dialogue and affiliation (Rudd, “Friends”). Since the 2007 election, Rudd moved quickly to distance himself from the agenda of the coalition government that preceded him, proposing changes in the spirit of “blindness” toward marginality and sexuality. “Fix-it-all” Rudd as he was christened (Sydney Morning Herald 29 Sep. 2008) and his Labor government began to confront the legacies of colonial history, industrial relations, refugee detention and climate change – by apologising to Aboriginal people, timetabling the withdrawal from Iraq, abolishing the employee bargaining system Workchoices, giving instant visas and lessening detention time for refugees, and signing the Kyoto Protocol agreeing (at least in principle) to reduce green house gas emissions. As stated earlier, post-coalitional Australia is not simply talking about sudden change but an extension and a confusion of what has gone on before (so that the term resembles postcolonial, poststructural and postmodern because it carries the practices and effects of the original term within it). The post-coalitional is still coalitional to the extent that we must ask: what remains the same in the midst of such visible changes? An American focus in international affairs, a Christian platform for social policy, an absence of financial compensation for the Aboriginal Australians who received such an eloquent apology, the lack of coherent and productive outcomes in the areas of asylum and climate change, and an impenetrable resistance to the idea of same-sex marriage are just some of the ways in which these new governments continue on from the previous one. The Rudd-Gillard government’s dealings with gay law reform and gay marriage exemplify the post-coalitional condition. Emulating Christ’s relationship to “the marginalised and the oppressed”, and with Gillard at his side, Rudd understandings of the Christian Gospel as a “social gospel” (Rudd, “Faith”; see also Randell-Moon) to table changes to laws discriminating against gay couples – guaranteeing hospital visits, social security benefits and access to superannuation, resembling de-facto hetero relationships but modelled on the administering and registration of relationships, or on tax laws that speak primarily to relations of financial dependence – with particular reference to children. The changes are based on the report, Same Sex, Same Entitlements (HREOC) that argues for the social competence of queer folk, with respect to money, property and reproduction. They speak the language of an equitable economics; one that still leaves healthy and childless couples with limited recognition and advantage but increased financial obligation. Unable to marry in Australia, same-sex couples are no longer single for taxation purposes, but are now simultaneously subject to forms of tax/income auditing and governmental revenue collection should either same-sex partner require assistance from social security as if they were married. Heteronormative Coalition Queer citizens can quietly stake their economic claims and in most states discreetly sign their names on a register before becoming invisible again. Mardi Gras happens but once a year after all. On the topic of gay marriage Rudd and Gillard have deferred to past policy and to the immoveable nature of the law (and to Howard’s particular changes to marriage law). That same respect is not extended to laws passed by Howard on industrial relations or border control. In spite of finding no gospel references to Jesus the Nazarene “expressly preaching against homosexuality” (Rudd, “Faith”), and pre-election promises that territories could govern themselves with respect to same sex partnerships, the Rudd-Gillard government in 2008 pressured the ACT to reduce its proposed partnership legislation to that of a relationship register like the ones in Tasmania and Victoria, and explicitly demanded that there be absolutely no ceremony – no mimicking of the real deal, of the larger, heterosexual citizens’ “ingroup”. Likewise, with respect to the reintroduction of same-sex marriage legislation by Greens senator Sarah Hanson Young in September 2010, Gillard has so far refused a conscience vote on the issue and restated the “marriage is between a man and a woman” rhetoric of her predecessors (Topsfield, 30 Sep. 2010). At the same time, she has agreed to conscience votes on euthanasia and openly declared bi-partisan (with the federal opposition) support for the war in Afghanistan. We see now, from Howard to Rudd and now Gillard, that there are some coalitions that override political differences. As psychologists have noted, “if the social benefits of norm adherence are the ultimate cause of the individual’s subscription to worldviews, then the focus and salience of a given individual’s ideology can be expected to vary as a function of their need to ally themselves with relevant others” (Navarette and Fessler 307). Where Howard invoked the “Judaeo-Christian tradition”, Rudd chose to cite a “Christian ethical framework” (Rudd, “Faith”), that saw him and Gillard end up in exactly the same place: same sex relationships should be reduced to that of medical care or financial dependence; that a public ceremony marking relationship recognition somehow equates to “mimicking” the already performative and symbolic heterosexual institution of marriage and the associated romantic and familial arrangements. Conclusion Post-coalitional Australia refers to the state of confusion borne of a new politics of equality and change. The shift in Australia from conservative to mildly socialist government(s) is not as sudden as Howard’s 2007 federal loss or as short-lived as Gillard’s hung parliament might respectively suggest. Whilst allegiance shifts, political parties find support is reliant on persistence as much as it is on change – they decide how to buffer and bolster the same coalitions (ones that continue to privilege white settlement, Christian belief systems, heteronormative familial and symbolic practices), but also how to practice policy and social responsibility in a different way. Rudd’s and Gillard’s arguments against the mimicry of heterosexual symbolism and the ceremonial validation of same-sex partnerships imply there is one originary form of conduct and an associated sacred set of symbols reserved for that larger ingroup. Like Howard before them, these post-coalitional leaders fail to recognise, as Butler eloquently argues, “gay is to straight not as copy is to original, but as copy is to copy” (31). To make claims to status and entitlements that invoke the messiness of non-normative sex acts and romantic attachments necessarily requires the negotiation of heteronormative coalitional bias (and in some ways a reinforcement of this social power). As Bell and Binnie have rightly observed, “that’s what the hard choices facing the sexual citizen are: the push towards rights claims that make dissident sexualities fit into heterosexual culture, by demanding equality and recognition, versus the demand to reject settling for heteronormativity” (141). The new Australian political “blindness” toward discrimination produces positive outcomes whilst it explicitly reanimates the histories of oppression it seeks to redress. The New South Wales parliament recently voted to allow same-sex adoption with the proviso that concerned parties could choose not to adopt to gay couples. The Tasmanian government voted to recognise same-sex marriages and unions from outside Australia, in the absence of same-sex marriage beyond the current registration arrangements in its own state. In post-coalitional Australia the issue of same-sex partnership recognition pits parties and allegiances against each other and against themselves from within (inside Gillard’s “rainbow coalition” the Rainbow ALP group now unites gay people within the government’s own party). Gillard has hinted any new proposed legislation regarding same-sex marriage may not even come before parliament for debate, as it deals with real business. Perhaps the answer lies over the rainbow (coalition). As the saying goes, “there are none so blind as those that will not see”. References ABC News Online. “Whitehouse Scraps Coalition of the Willing List.” 22 Jan. 2005. 1 July 2007 ‹http://www.abc.net.au/news/newsitems/200501/s1286872.htm›. Axelrod, Robert. The Evolution of Cooperation. New York: Basic Books, 1984. 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Introduction The social roles of alcohol consumption are rich and varied, with different types of alcoholic beverages reflecting important symbolic and cultural meanings. Sparkling wine is especially notable for its association with secular and sacred celebrations. Indeed, sparkling wine is rarely drunk as a matter of routine; bottles of such wine signal special occasions, heightened by the formality and excitement associated with opening the bottle and controlling (or not!) the resultant fizz (Faith). Originating in England and France in the late 1600s, sparkling wine marked a dramatic shift in winemaking techniques, with winemakers deliberately adding “fizz” or bubbles to their product (Faith). The resulting effervescent wines were first enjoyed by the social elite of European society, signifying privilege, wealth, luxury and nobility; however, new techniques for producing, selling and distributing the wines created a mass consumer culture (Guy). Production of Australian sparkling wines began in the late nineteenth century and consumption remains popular. As a “new world” country – that is, one not located in the wine producing areas of Europe – Australian sparkling wines cannot directly draw on the same marketing traditions as those of the “old world”. One enterprising company, Treasury Wine Estates, markets a range of wines, including a sparkling variety, called 19 Crimes, that draws, not on European traditions tied to luxury, wealth and prestige, but Australia’s colonial history. Using Augmented Reality and interactive story-telling, 19 Crimes wine labels feature convicts who had committed one or more of 19 crimes punishable by transportation to Australia from Britain. The marketing of sparkling wine using convict images and convict stories of transportation have not diminished the celebratory role of consuming “bubbly”. Rather, in exploring the marketing techniques employed by the company, particularly when linked to the traditional drink of celebration, we argue that 19 Crimes, while fun and informative, nevertheless romanticises convict experiences and Australia’s convict past. Convict Heritage and Re-Appropriating the Convict Image Australia’s cultural heritage is undeniably linked to its convict past. Convicts were transported to Australia from England and Ireland over an 80-year period between 1788-1868. While the convict system in Australia was not predominantly characterised by incarceration and institutionalisation (Jones 18) the work they performed was often forced and physically taxing, and food and clothing shortages were common. Transportation meant exile, and “it was a fierce punishment that ejected men, women and children from their homelands into distant and unknown territories” (Bogle 23). Convict experiences of transportation often varied and were dependent not just on the offender themselves (for example their original crime, how willing they were to work and their behaviour), but also upon the location they were sent to. “Normal” punishment could include solitary confinement, physical reprimands (flogging) or hard labour in chain gangs. From the time that transportation ceased in the mid 1800s, efforts were made to distance Australia’s future from the “convict stain” of its past (Jones). Many convict establishments were dismantled or repurposed with the intent of forgetting the past, although some became sites of tourist visitation from the time of closure. Importantly, however, the wider political and social reluctance to engage in discourse regarding Australia’s “unsavoury historical incident” of its convict past continued up until the 1970s (Jones 26). During the 1970s Australia’s convict heritage began to be discussed more openly, and indeed, more favourably (Welch 597). Many today now view Australia’s convicts as “reluctant pioneers” (Barnard 7), and as such they are celebrated within our history. In short, the convict heritage is now something to be celebrated rather than shunned. This celebration has been capitalised upon by tourist industries and more recently by wine label 19 Crimes. “19 Crimes: Cheers to the Infamous” The Treasury Wine Estates brand launched 19 Crimes in 2011 to a target population of young men aged between 18 and 34 (Lyons). Two limited edition vintages sold out in 2011 with “virtually no promotion” (19 Crimes, “Canadians”). In 2017, 19 Crimes became the first wine to use an Augmented Reality (AR) app (the app was later renamed Living Wines Labels in 2018) that allowed customers to hover their [smart] phone in front of a bottle of the wine and [watch] mugshots of infamous 18th century British criminals come to life as 3D characters who recount their side of the story. Having committed at least one of the 19 crimes punishable by exile to Australia, these convicts now humor and delight wine drinkers across the globe. (Lirie) Given the target audience of the 19 Crimes wine was already 18-34 year old males, AR made sense as a marketing technique. Advertisers are well aware the millennial generation is “digitally empowered” and the AR experience was created to not only allow “consumers to engage with 19 Crimes wines but also explore some of the stories of Australia’s convict past … [as] told by the convicts-turned-colonists themselves!” (Lilley cited in Szentpeteri 1-2). The strategy encourages people to collect convicts by purchasing other 19 Crimes alcohol to experience a wider range of stories. The AR has been highly praised: they [the labels] animate, explaining just what went down and giving a richer experience to your beverage; engaging both the mind and the taste buds simultaneously … . ‘A fantastic app that brings a little piece of history to life’, writes one user on the Apple app store. ‘I jumped out of my skin when the mugshot spoke to me’. (Stone) From here, the success of 19 Crimes has been widespread. For example, in November 2020, media reports indicated that 19 Crimes red wine was the most popular supermarket wine in the UK (Lyons; Pearson-Jones). During the UK COVID lockdown in 2020, 19 Crimes sales increased by 148 per cent in volume (Pearson-Jones). This success is in no small part to its innovative marketing techniques, which of course includes the AR technology heralded as a way to enhance the customer experience (Lirie). The 19 Crimes wine label explicitly celebrates infamous convicts turned settlers. The website “19 Crimes: Cheers to the Infamous” incorporates ideas of celebration, champagne and bubbles by encouraging people to toast their mates: the convicts on our wines are not fiction. They were of flesh and blood, criminals and scholars. Their punishment of transportation should have shattered their spirits. Instead, it forged a bond stronger than steel. Raise a glass to our convict past and the principles these brave men and women lived by. (19 Crimes, “Cheers”) While using alcohol, and in particular sparkling wine, to participate in a toasting ritual is the “norm” for many social situations, what is distinctive about the 19 Crimes label is that they have chosen to merchandise and market known offenders for individuals to encounter and collect as part of their drinking entertainment. This is an innovative and highly popular concept. According to one marketing company: “19 Crimes Wines celebrate the rebellious spirit of the more than 160,000 exiled men and women, the rule breakers and law defying citizens that forged a new culture and national spirit in Australia” (Social Playground). The implication is that by drinking this brand of [sparkling] wine, consumers are also partaking in celebrating those convicts who “forged” Australian culture and national spirit. In many ways, this is not a “bad thing”. 19 Crimes are promoting Australian cultural history in unique ways and on a very public and international scale. The wine also recognises the hard work and success stories of the many convicts that did indeed build Australia. Further, 19 Crimes are not intentionally minimising the experiences of convicts. They implicitly acknowledge the distress felt by convicts noting that it “should have shattered their spirits”. However, at times, the narratives and marketing tools romanticise the convict experience and culturally reinterpret a difficult experience into one of novelty. They also tap into Australia’s embracement of larrikinism. In many ways, 19 Crimes are encouraging consumers to participate in larrikin behaviour, which Bellanta identifies as being irreverent, mocking authority, showing a disrespect for social subtleties and engaging in boisterous drunkenness with mates. Celebrating convict history with a glass of bubbly certainly mocks authority, as does participating in cultural practices that subvert original intentions. Several companies in the US and Europe are now reportedly offering the service of selling wine bottle labels with customisable mugshots. Journalist Legaspi suggests that the perfect gift for anyone who wants a sparkling wine or cider to toast with during the Yuletide season would be having a customisable mugshot as a wine bottle label. The label comes with the person’s mugshot along with a “goofy ‘crime’ that fits the person-appealing” (Sotelo cited in Legaspi). In 2019, Social Playground partnered with MAAKE and Dan Murphy's stores around Australia to offer customers their own personalised sticker mugshots that could be added to the wine bottles. The campaign was intended to drive awareness of 19 Crimes, and mugshot photo areas were set up in each store. Customers could then pose for a photo against the “mug shot style backdrop. Each photo was treated with custom filters to match the wine labels actual packaging” and then printed on a sticker (Social Playground). The result was a fun photo moment, delivered as a personalised experience. Shoppers were encouraged to purchase the product to personalise their bottle, with hundreds of consumers taking up the offer. With instant SMS delivery, consumers also received a branded print that could be shared so [sic] social media, driving increased brand awareness for 19 Crimes. (Social Playground) While these customised labels were not interactive, they lent a unique and memorable spin to the wine. In many circumstances, adding personalised photographs to wine bottles provides a perfect and unique gift; yet, could be interpreted as making light of the conditions experienced by convicts. However, within our current culture, which celebrates our convict heritage and embraces crime consumerism, the reframing of a mugshot from a tool used by the State to control into a novelty gift or memento becomes culturally acceptable and desirable. Indeed, taking a larrikin stance, the reframing of the mugshot is to be encouraged. It should be noted that while some prisons were photographing criminals as early as the 1840s, it was not common practice before the 1870s in England. The Habitual Criminals Act of 1869 has been attributed with accelerating the use of criminal photographs, and in 1871 the Crimes Prevention Act mandated the photographing of criminals (Clark). Further, in Australia, convicts only began to be photographed in the early 1870s (Barnard) and only in Western Australia and Port Arthur (Convict Records, “Resources”), restricting the availability of images which 19 Crimes can utilise. The marketing techniques behind 19 Crimes and the Augmented app offered by Living Wines Labels ensure that a very particular picture of the convicts is conveyed to its customers. As seen above, convicts are labelled in jovial terms such as “rule breakers”, having a “rebellious spirit” or “law defying citizens”, again linking to notions of larrikinism and its celebration. 19 Crimes have been careful to select convicts that have a story linked to “rule breaking, culture creating and overcoming adversity” (19 Crimes, “Snoop”) as well as convicts who have become settlers, or in other words, the “success stories”. This is an ingenious marketing strategy. Through selecting success stories, 19 Crimes are able to create an environment where consumers can enjoy their bubbly while learning about a dark period of Australia’s heritage. Yet, there is a distancing within the narratives that these convicts are actually “criminals”, or where their criminal behaviour is acknowledged, it is presented in a way that celebrates it. Words such as criminals, thieves, assault, manslaughter and repeat offenders are foregone to ensure that consumers are never really reminded that they may be celebrating “bad” people. The crimes that make up 19 Crimes include: Grand Larceny, theft above the value of one shilling. Petty Larceny, theft under one shilling. Buying or receiving stolen goods, jewels, and plate... Stealing lead, iron, or copper, or buying or receiving. Impersonating an Egyptian. Stealing from furnished lodgings. Setting fire to underwood. Stealing letters, advancing the postage, and secreting the money. Assault with an intent to rob. Stealing fish from a pond or river. Stealing roots, trees, or plants, or destroying them. Bigamy. Assaulting, cutting, or burning clothes. Counterfeiting the copper coin... Clandestine marriage. Stealing a shroud out of a grave. Watermen carrying too many passengers on the Thames, if any drowned. Incorrigible rogues who broke out of Prison and persons reprieved from capital punishment. Embeuling Naval Stores, in certain cases. (19 Crimes, “Crimes”) This list has been carefully chosen to fit the narrative that convicts were transported in the main for what now appear to be minimal offences, rather than for serious crimes which would otherwise have been punished by death, allowing the consumer to enjoy their bubbly without engaging too closely with the convict story they are experiencing. The AR experience offered by these labels provides consumers with a glimpse of the convicts’ stories. Generally, viewers are told what crime the convict committed, a little of the hardships they encountered and the success of their outcome. Take for example the transcript of the Blanc de Blancs label: as a soldier I fought for country. As a rebel I fought for cause. As a man I fought for freedom. My name is James Wilson and I fight to the end. I am not ashamed to speak the truth. I was tried for treason. Banished to Australia. Yet I challenged my fate and brought six of my brothers to freedom. Think that we have been nearly nine years in this living tomb since our first arrest and that it is impossible for mind or body to withstand the continual strain that is upon them. One or the other must give way. While the contrived voice of James Wilson speaks about continual strain on the body and mind, and having to live in a “living tomb” [Australia] the actual difficulties experienced by convicts is not really engaged with. Upon further investigation, it is also evident that James Wilson was not an ordinary convict, nor was he strictly tried for treason. Information on Wilson is limited, however from what is known it is clear that he enlisted in the British Army at age 17 to avoid arrest when he assaulted a policeman (Snoots). In 1864 he joined the Irish Republican Brotherhood and became a Fenian; which led him to desert the British Army in 1865. The following year he was arrested for desertion and was convicted by the Dublin General Court Martial for the crime of being an “Irish rebel” (Convict Records, “Wilson”), desertion and mutinous conduct (photo from the Wild Geese Memorial cited in The Silver Voice). Prior to transportation, Wilson was photographed at Dublin Mountjoy Prison in 1866 (Manuscripts and Archives Division), and this is the photo that appears on the Blanc de Blancs label. He arrived in Fremantle, Western Australia on 9 January 1868. On 3 June 1869 Wilson “was sentenced to fourteen days solitary, confinement including ten days on bread and water” (photo from the Wild Geese Memorial cited in The Silver Voice) for an unknown offence or breach of conduct. A few years into his sentence he sent a letter to a fellow Fenian New York journalist John Devoy. Wilson wrote that his was a voice from the tomb. For is not this a living tomb? In the tomb it is only a man’s body is good for the worms but in this living tomb the canker worm of care enters the very soul. Think that we have been nearly nine years in this living tomb since our first arrest and that it is impossible for mind or body to withstand the continual strain that is upon them. One or the other must give way. (Wilson, 1874, cited in FitzSimons; emphasis added) Note the last two lines of the extract of the letter have been used verbatim by 19 Crimes to create their interactive label. This letter sparked a rescue mission which saw James Wilson and five of his fellow prisoners being rescued and taken to America where Wilson lived out his life (Reid). This escape has been nicknamed “The Great Escape” and a memorial was been built in 2005 in Rockingham where the escape took place. While 19 Crimes have re-created many elements of Wilson’s story in the interactive label, they have romanticised some aspects while generalising the conditions endured by convicts. For example, citing treason as Wilson’s crime rather than desertion is perhaps meant to elicit more sympathy for his situation. Further, the selection of a Fenian convict (who were often viewed as political prisoners that were distinct from the “criminal convicts”; Amos) allows 19 Crimes to build upon narratives of rule breaking by focussing on a convict who was sent to Australia for fighting for what he believed in. In this way, Wilson may not be seen as a “real” criminal, but rather someone to be celebrated and admired. Conclusion As a “new world” producer of sparkling wine, it was important for 19 Crimes to differentiate itself from the traditionally more sophisticated market of sparkling-wine consumers. At a lower price range, 19 Crimes caters to a different, predominantly younger, less wealthy clientele, who nevertheless consume alcoholic drinks symbolic to the occasion. The introduction of an effervescent wine to their already extensive collection encourages consumers to buy their product to use in celebratory contexts where the consumption of bubbly defines the occasion. The marketing of Blanc de Blancs directly draws upon ideas of celebration whilst promoting an image and story of a convict whose situation is admired – not the usual narrative that one associates with celebration and bubbly. Blanc de Blancs, and other 19 Crimes wines, celebrate “the rules they [convicts] broke and the culture they built” (19 Crimes, “Crimes”). This is something that the company actively promotes through its website and elsewhere. Using AR, 19 Crimes are providing drinkers with selective vantage points that often sensationalise the reality of transportation and disengage the consumer from that reality (Wise and McLean 569). Yet, 19 Crimes are at least engaging with the convict narrative and stimulating interest in the convict past. Consumers are being informed, convicts are being named and their stories celebrated instead of shunned. Consumers are comfortable drinking bubbly from a bottle that features a convict because the crimes committed by the convict (and/or to the convict by the criminal justice system) occurred so long ago that they have now been romanticised as part of Australia’s colourful history. The mugshot has been re-appropriated within our culture to become a novelty or fun interactive experience in many social settings. For example, many dark tourist sites allow visitors to take home souvenir mugshots from decommissioned police and prison sites to act as a memento of their visit. The promotional campaign for people to have their own mugshot taken and added to a wine bottle, while now a cultural norm, may diminish the real intent behind a mugshot for some people. For example, while drinking your bubbly or posing for a fake mugshot, it may be hard to remember that at the time their photographs were taken, convicts and transportees were “ordered to sit for the camera” (Barnard 7), so as to facilitate State survelliance and control over these individuals (Wise and McLean 562). Sparkling wine, and the bubbles that it contains, are intended to increase fun and enjoyment. Yet, in the case of 19 Crimes, the application of a real-life convict to a sparkling wine label adds an element of levity, but so too novelty and romanticism to what are ultimately narratives of crime and criminal activity; thus potentially “making light” of the convict experience. 19 Crimes offers consumers a remarkable way to interact with our convict heritage. The labels and AR experience promote an excitement and interest in convict heritage with potential to spark discussion around transportation. The careful selection of convicts and recognition of the hardships surrounding transportation have enabled 19 Crimes to successfully re-appropriate the convict image for celebratory occasions. References 19 Crimes. “Cheers to the Infamous.” 19 Crimes, 2020. 14 Dec. 2020 <https://www.19crimes.com>. ———. “The 19 Crimes.” 19 Crimes, 2020. 14 Dec. 2020 <https://www.19crimes.com/en-au/the-19-crimes>. ———. “19 Crimes Announces Multi-Year Partnership with Entertainment Icon Snoop Dogg.” PR Newswire 16 Apr. 2020. 15 Dec. 2020 <https://www.prnewswire.com/news-releases/19-crimes-announces-multi-year-partnership-with-entertainment-icon-snoop-dogg-301041585.html>. ———. “19 Crimes Canadians Not Likely to Commit, But Clamouring For.” PR Newswire 10 Oct. 2013. 15 Dec. 2020 <https://www.prnewswire.com/news-releases/19-crimes-canadians-not-likely-to-commit-but-clamouring-for-513086721.html>. Amos, Keith William. The Fenians and Australia c 1865-1880. Doctoral thesis, UNE, 1987. <https://hdl.handle.net/1959.11/12781>. Barnard, Edwin. Exiled: The Port Arthur Convict Photographs. Canberra: National Library of Australia, 2010. Bellanta, Melissa. Larrikins: A History. University of Queensland Press. Bogle, Michael. Convicts: Transportation and Australia. Sydney: Historic Houses Trust of New South Wales, 2008. Clark, Julia. ‘Through a Glass, Darkly’: The Camera, the Convict and the Criminal Life. PhD Dissertation, University of Tasmania, 2015. Convict Records. “James Wilson.” Convict Records 2020. 15 Dec. 2020 <https://convictrecords.com.au/convicts/wilson/james/72523>. ———. “Convict Resources.” Convict Records 2021. 23 Feb. 2021 <https://convictrecords.com.au/resources>. Faith, Nicholas. The Story of Champagne. Oxford: Infinite Ideas, 2016. FitzSimons, Peter. “The Catalpa: How the Plan to Break Free Irish Prisoners in Fremantle Was Hatched, and Funded.” Sydney Morning Herald 21 Apr. 2019. 15 Dec. 2020 <https://www.smh.com.au/entertainment/books/the-catalpa-how-the-plan-to-break-free-irish-prisoners-in-fremantle-was-hatched-and-funded-20190416-p51eq2.html>. Guy, Kolleen. When Champagne Became French: Wine and the Making of a National identity. Baltimore, Maryland: Johns Hopkins UP, 2007. Jones, Jennifer Kathleen. Historical Archaeology of Tourism at Port Arthur, Tasmania, 1885-1960. PhD Dissertation, Simon Fraser University, 2016. Legaspi, John. “Need a Wicked Gift Idea? Try This Wine Brand’s Customizable Bottle Label with Your Own Mugshot.” Manila Bulletin 18 Nov. 2020. 14 Dec. 2020 <https://mb.com.ph/2020/11/18/need-a-wicked-gift-idea-try-this-wine-brands-customizable-bottle-label-with-your-own-mugshot/>. Lirie. “Augmented Reality Example: Marketing Wine with 19 Crimes.” Boot Camp Digital 13 Mar. 2018. 15 Dec. 2020 <https://bootcampdigital.com/blog/augmented-reality-example-marketing-wine-19-crimes/>. Lyons, Matthew. “19 Crimes Named UK’s Favourite Supermarket Wine.” Harpers 23 Nov. 2020. 14 Dec. 2020 <https://harpers.co.uk/news/fullstory.php/aid/28104/19_Crimes_named_UK_s_favourite_supermarket_wine.html>. Manuscripts and Archives Division, The New York Public Library. "John O'Reilly, 10th Hussars; Thomas Delany; James Wilson, See James Thomas, Page 16; Martin Hogan, See O'Brien, Same Page (16)." The New York Public Library Digital Collections. 1866. <https://digitalcollections.nypl.org/items/510d47dc-9768-a3d9-e040-e00a18064a99>. Pearson-Jones, Bridie. “Cheers to That! £9 Bottle of Australian Red Inspired by 19 Crimes That Deported Convicts in 18th Century Tops List as UK’s Favourite Supermarket Wine.” Daily Mail 22 Nov. 2020. 14 Dec. 2020 <https://www.dailymail.co.uk/femail/food/article-8933567/19-Crimes-Red-UKs-favourite-supermarket-wine.html>. Reid, Richard. “Object Biography: ‘A Noble Whale Ship and Commander’ – The Catalpa Rescue, April 1876.” National Museum of Australia n.d. 15 Dec. 2020 <https://www.nma.gov.au/__data/assets/pdf_file/0015/2553/NMA_Catalpa.pdf>. Snoots, Jen. “James Wilson.” Find A Grave 2007. 15 Dec. 2020 <https://www.findagrave.com/memorial/19912884/james-wilson>. Social Playground. “Printing Wine Labels with 19 Crimes.” Social Playground 2019. 14 Dec. 2020 <https://www.socialplayground.com.au/case-studies/maake-19-crimes>. 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IllegitimacyBack in 1987, Gregory Bateson argued that:Kurt Vonnegut gives us wary advice – that we should be careful what we pretend because we become what we pretend. And something like that, some sort of self-fulfilment, occurs in all organisations and human cultures. What people presume to be ‘human’ is what they will build in as premises of their social arrangements, and what they build in is sure to be learned, is sure to become a part of the character of those who participate. (178)The human capacity to marginalise and discriminate against others on the basis of innate and constructed characteristics is evident from the long history of discrimination against people whose existence is ‘illegitimate’, defined as being outside the law. What is inside or outside the law depends upon the context under consideration. For example, in societies such as ancient Greece and the antebellum United States, where slavery was legal, people who were constructed as ‘slaves’ could legitimately be treated very differently from ‘citizens’: free people who benefit from a range of human rights (Northup). The discernment of what is legitimate from that which is illegitimate is thus implicated within the law but extends into the wider experience of community life and is evident within the civil structures through which society is organised and regulated.The division between the legitimate and illegitimate is an arbitrary one, susceptible to changing circumstances. Within recent memory a romantic/sexual relationship between two people of the same sex was constructed as illegitimate and actively persecuted. This was particularly the case for same-sex attracted men, since the societies regulating these relationships generally permitted women a wider repertoire of emotional response than men were allowed. Even when lesbian and gay relationships were legalised, they were constructed as less legitimate in the sense that they often had different rules around the age of consent for homosexual and heterosexual couples. In Australia, the refusal to allow same sex couples to marry perpetuates ways in which these relationships are constructed as illegitimate – beyond the remit of the legislation concerning marriage.The archetypal incidence of illegitimacy has historically referred to people born out of wedlock. The circumstances of birth, for example whether a person was born as a result of a legally-sanctioned marital relationship or not, could have ramifications throughout an individual’s life. Stories abound (for example, Cookson) of the implications of being illegitimate. In some social stings, such as Catherine Cookson’s north-eastern England at the turn of the twentieth century, illegitimate children were often shunned. Parents frequently refused permission for their (legitimate) children to play with illegitimate classmates, as if these children born out of wedlock embodied a contaminating variety of evil. Illegitimate children were treated differently in the law in matters of inheritance, for example, and may still be. They frequently lived in fear of needing to show a birth certificate to gain a passport, for example, or to marry. Sometimes, it was at this point in adult life, that a person first discovered their illegitimacy, changing their entire understanding of their family and their place in the world. It might be possible to argue that the emphasis upon the legitimacy of a birth has lessened in proportion to an acceptance of genetic markers as an indicator of biological paternity, but that is not the endeavour here.Given the arbitrariness and mutability of the division between legitimacy and illegitimacy as a constructed boundary, it is policed by social and legal sanctions. Boundaries, such as the differentiation between the raw and the cooked (Lévi-Strauss), or S/Z (Barthes), or purity and danger (Douglas), serve important cultural functions and also convey critical information about the societies that enforce them. Categories of person, place or thing which are closest to boundaries between the legitimate and the illegitimate can prompt existential anxiety since the capacity to discern between these categories is most challenged at the margins. The legal shenanigans which can result speak volumes for which aspects of life have the potential to unsettle a culture. One example of this which is writ large in the recent history of Australia is our treatment of refugees and asylum seekers and the impact of this upon Australia’s multicultural project.Foreshadowing the sexual connotations of the illegitimate, one of us has written elsewhere (Green, ‘Bordering on the Inconceivable’) about the inconceivability of the Howard administration’s ‘Pacific solution’. This used legal devices to rewrite Australia’s borders to limit access to the rights accruing to refugees upon landing in a safe haven entitling them to seek asylum. Internationally condemned as an illegitimate construction of an artificial ‘migration zone’, this policy has been revisited and made more brutal under the Abbot regime with at least two people – Reza Barati and Hamid Khazaei – dying in the past year in what is supposed to be a place of safety provided by Australian authorities under their legal obligations to those fleeing from persecution. Crock points out, echoing the discourse of illegitimacy, that it is and always has been inappropriate to label “undocumented asylum seekers” as “‘illegal’” because: “until such people cross the border onto Australian territory, the language of illegality is nonsense. People who have no visas to enter Australia can hardly be ‘illegals’ until they enter Australia” (77). For Australians who identify in some ways – religion, culture, fellow feeling – with the detainees incarcerated on Nauru and Manus Island, it is hard to ignore the disparity between the government’s treatment of visa overstayers and “illegals” who arrive by boat (Wilson). It is a comparatively short step to construct this disparity as reflecting upon the legitimacy within Australia of communities who share salient characteristics with detained asylum seekers: “The overwhelmingly negative discourse which links asylum seekers, Islam and terrorism” (McKay, Thomas & Kneebone, 129). Some communities feel themselves constructed in the public and political spheres as less legitimately Australian than others. This is particularly true of communities where members can be identified via markers of visible difference, including indicators of ethnic, cultural and religious identities: “a group who [some 585 respondent Australians …] perceived would maintain their own languages, customs and traditions […] this cultural diversity posed an extreme threat to Australian national identity” (McKay, Thomas & Kneebone, 129). Where a community shares salient characteristics such as ethnicity or religion with many detained asylum seekers they can become fearful of the discourses around keeping borders strong and protecting Australia from illegitimate entrants. MethodologyThe qualitative fieldwork upon which this paper is based took place some 6-8 years ago (2006-2008), but the project remains one of the most recent and extensive studies of its kind. There are no grounds for believing that any of the findings are less valid than previously. On the contrary, if political actions are constructed as a proxy for mainstream public consent, opinions have become more polarised and have hardened. Ten focus groups were held involving 86 participants with a variety of backgrounds including differences in age, gender, religious observance, religious identification and ethnicity. Four focus groups involved solely Muslim participants; six drew from the wider Australian community. The aim was to examine the response of different communities to mainstream Australian media representations of Islam, Muslims, and terrorism. Research questions included: “Are there differences in the ways in which Australian Muslims respond to messages about ‘fear’ and ‘terror’ compared with broader community Australians’ responses to the same messages?” and “How do Australian Muslims construct the perceptions and attitudes of the broader Australian community based on the messages that circulate in the media?” Recent examples of kinds of messages investigated include media coverage of Islamic State’s (ISIS’s) activities (Karam & Salama), and the fear-provoking coverage around the possible recruitment of Australians to join the fighting in Syria and Iraq (Cox). The ten focus groups were augmented by 60 interviews, 30 with respondents who identified as Muslim (15 males, 15 female) and 30 respondents from the broader community (same gender divisions). Finally, a market research company was commissioned to conduct a ‘fear survey’, based on an established ‘fear of rape’ inventory (Aly and Balnaves), delivered by telephone to a random sample of 750 over-18 y.o. Australians in which Muslims formed a deliberative sub-group, to ensure they were over-sampled and constituted at least 150 respondents. The face-to-face surveys and focus groups were conducted by co-author, Dr Anne Aly. General FindingsMuslim respondents indicate a heightened intensity of reaction to media messages around fear and terror. In addition to a generalised fear of the potential impact of terrorism upon Australian society and culture, Muslim respondents experienced a specific fear that any terrorist-related media coverage might trigger hostility towards Muslim Australian communities and their own family members. According to the ‘fear survey’ scale, Muslim Australians at the time of the research experienced approximately twice the fear level of mainstream Australian respondents. Broader Australian community Australian Muslim communityFear of a terrorist attackFear of a terrorist attack combines with the fear of a community backlashSpecific victims: dead, injured, bereavedCommunity is full of general victims in addition to any specific victimsShort-term; intense impactsProtracted, diffuse impactsSociety-wide sympathy and support for specific victims and all those involved in dealing with the trauma and aftermathSociety-wide suspicion and a marginalisation of those affected by the backlashVictims of a terrorist attack are embraced by broader communityVictims of backlash experience hostility from the broader communityFour main fears were identified by Australian Muslims as a component of the fear of terrorism:Fear of physical harm. In addition to the fear of actual terrorist acts, Australian Muslims fear backlash reprisals such as those experienced after such events as 9/11, the Bali bombings, and attacks upon public transport passengers in Spain and the UK. These and similar events were constructed as precipitating increased aggression against identifiable Australian Muslims, along with shunning of Muslims and avoidance of their company.The construction of politically-motivated fear. Although fear is an understandable response to concerns around terrorism, many respondents perceived fears as being deliberately exacerbated for political motives. Such strategies as “Be alert, not alarmed” (Bassio), labelling asylum seekers as potential terrorists, and talk about home-grown terrorists, are among the kinds of fears which were identified as politically motivated. The political motivation behind such actions might include presenting a particular party as strong, resolute and effective. Some Muslim Australians construct such approaches as indicating that their government is more interested in political advantage than social harmony.Fear of losing civil liberties. As well as sharing the alarm of the broader Australian community at the dozens of legislative changes banning people, organisations and materials, and increasing surveillance and security checks, Muslim Australians fear for the human rights implications across their community, up to and including the lives of their young people. This fear is heightened when community members may look visibly different from the mainstream. Examples of the events fuelling such fears include the London police killing of Jean Charles de Menezes, a Brazilian Catholic working as an electrician in the UK and shot in the month following the 7/7 attacks on the London Underground system (Pugliese). In Australia, the case of Mohamed Hannef indicated that innocent people could easily be unjustly accused and wrongly targeted, and even when this was evident the political agenda made it almost impossible for authorities to admit their error (Rix).Feeling insecure. Australian Muslims argue that personal insecurity has become “the new normal” (Massumi), disproportionately affecting Muslim communities in both physical and psychological ways. Physical insecurity is triggered by the routine avoidance, shunning and animosity experienced by many community members in public places. Psychological insecurity includes fear for the safety of younger members of the community compounded by concern that young people may become ‘radicalised’ as a result of the discrimination they experience. Australian Muslims fear the backlash following any possible terrorist attack on Australian soil and describe the possible impact as ‘unimaginable’ (Aly and Green, ‘Moderate Islam’).In addition to this range of fears expressed by Australian Muslims and constructed in response to wider societal reactions to increased concerns over radical Islam and the threat of terrorist activity, an analysis of respondents’ statements indicate that Muslim Australians construct the broader community as exhibiting:Fear of religious conviction (without recognising the role of their own secular/religious convictions underpinning this fear);Fear of extremism (expressed in various extreme ways);Fear of powerlessness (responded to by disempowering others); andFear of political action overseas having political effects at home (without acknowledging that it is the broader community’s response to such overseas events, such as 9/11 [Green ‘Did the world really change?’], which has also had impacts at home).These constructions, extrapolations and understandings by Australian Muslims of the fears of the broader community underpinning the responses to the threat of terror have been addressed elsewhere (Green and Aly). Legitimate Australian MuslimsOne frustration identified by many Muslim respondents centres upon a perceived ‘acceptable’ way to be an Australian Muslim. Arguing that the broader community construct Muslims as a homogenous group defined by their religious affiliation, these interviewees felt that the many differences within and between the twenty-plus national, linguistic, ethnic, cultural and faith-based groupings that constitute WA’s Muslim population were being ignored. Being treated as a homogenised group on a basis of faith appears to have the effect of putting that religious identity under pressure, paradoxically strengthening and reinforcing it (Aly, ‘Australian Muslim Responses to the Discourse on Terrorism’). The appeal to Australian Muslims to embrace membership in a secular society and treat religion as a private matter also led some respondents to suggest they were expected to deny their own view of their faith, in which they express their religious identity across their social spheres and in public and private contexts. Such expression is common in observant Judaism, Hinduism and some forms of Christianity, as well as in some expressions of Islam (Aly and Green, ‘Less than equal’). Massumi argues that even the ways in which some Muslims dress, indicating faith-based behaviour, can lead to what he terms as ‘affective modulation’ (Massumi), repeating and amplifying the fear affect as a result of experiencing the wider community’s fear response to such triggers as water bottles (from airport travel) and backpacks, on the basis of perceived physical difference and a supposed identification with Muslim communities, regardless of the situation. Such respondents constructed this (implied) injunction to suppress their religious and cultural affiliation as akin to constructing the expression of their identity as illegitimate and somehow shameful. Parallels can be drawn with previous social responses to a person born out of wedlock, and to people in same-sex relationships: a ‘don’t ask, don’t tell’ kind of denial.Australian Muslims who see their faith as denied or marginalised may respond by identifying more strongly with other Muslims in their community, since the community-based context is one in which they feel welcomed and understood. The faith-based community also allows and encourages a wider repertoire of acceptable beliefs and actions entailed in the performance of ‘being Muslim’. Hand in hand with a perception of being required to express their religious identity in ways that were acceptable to the majority community, these respondents provided a range of examples of self-protective behaviours to defend themselves and others from the impacts of perceived marginalisation. Such behaviours included: changing their surnames to deflect discrimination based solely on a name (Aly and Green, ‘Fear, Anxiety and the State of Terror’); keeping their opinions private, even when they were in line with those being expressed by the majority community (Aly and Green, ‘Moderate Islam’); the identification of ‘less safe’ and ‘safe’ activities and areas; concerns about visibly different young men in the Muslim community and discussions with them about their public behaviour and demeanour; and women who chose not to leave their homes for fear of being targeted in public places (all discussed in Aly, ‘Australian Muslim Responses to the Discourse on Terrorism’). Many of these behaviours, including changing surnames, restricting socialisation to people who know a person well, and the identification of safe and less safe activities in relation to the risk of self-revelation, were common strategies used by people who were stigmatised in previous times as a result of their illegitimacy.ConclusionConstructions of the legitimate and illegitimate provide one means through which we can investigate complex negotiations around Australianness and citizenship, thrown into sharp relief by the Australian government’s treatment of asylum seekers, also deemed “illegals”. Because they arrive in Australia (or, as the government would prefer, on Australia’s doorstep) by illegitimate channels these would-be citizens are treated very differently from people who arrive at an airport and overstay their visa. The impetus to exclude aspects of geographical Australia from the migration zone, and to house asylum seekers offshore, reveals an anxiety about borders which physically reflects the anxiety of western nations in the post-9/11 world. Asylum seekers who arrive by boat have rarely had safe opportunity to secure passports or visas, or to purchase tickets from commercial airlines or shipping companies. They represent those ethnicities and cultures which are currently in turmoil: a turmoil frequently exacerbated by western intervention, variously constructed as an il/legitimate expression of western power and interests.What this paper has demonstrated is that the boundary between Australia and the rest, the legitimate and the illegitimate, is failing in its aim of creating a stronger Australia. The means through which this project is pursued is making visible a range of motivations and concerns which are variously interpreted depending upon the position of the interpreter. The United Nations, for example, has expressed strong concern over Australia’s reneging upon its treaty obligations to refugees (Gordon). Less vocal, and more fearful, are those communities within Australia which identify as community members with the excluded illegals. The Australian government’s treatment of detainees on Manus Island and Nauru, who generally exhibit markers of visible difference as a result of ethnicity or culture, is one aspect of a raft of government policies which serve to make some people feel that their Australianness is somehow less legitimate than that of the broader community. AcknowledgementsThis paper is based on the findings of an Australian Research Council Discovery Project (DP0559707), 2005-7, “Australian responses to the images and discourses of terrorism and the other: establishing a metric of fear”, awarded to Professors Lelia Green and Mark Balnaves. 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The advent of the #MeToo movement and the scale of participation in 85 countries (Gill and Orgad; see Google Trends) has greatly expanded debate about the revival of feminism (Winch Littler and Keeler) and the contribution of digital media to a “reconfiguration” of feminism (Jouet). Insofar as these campaigns are concerned with sexual harassment and related forms of sexual abuse, the longer history of sexual harassment in which this practice was named by women’s movement activists in the 1970s has gone largely unremarked except in the broad sense of the recharging or “techno-echo[es]” (Jouet) of earlier “waves” of feminism. However, #MeToo and its companion movement #TimesUp, and its fighting fund timesupnow.org, stemmed directly from the allegations in 2017 against the media mogul Harvey Weinstein by Hollywood professionals and celebrities. The naming of prominent, powerful men as harassers and the celebrity sphere of activism have become features of #MeToo that warrant comparison with the naming of sexual harassment in the earlier era of feminism.While the practices it named were not new, the term “sexual harassment” was new, and it became a defining issue in second wave feminism that was conceptualised within the continuum of sexual violence. I outline this history, and how it transformed the private, individual experiences of many women into a shared public consciousness about sexual coercion in the workplace, and some of the debate that this generated within the women’s movement at the time. It offers scope to compare the threshold politics of naming names in the 21st century, and its celebrity vanguard which has led to some ambivalence about the lasting impact. For Kathy Davis (in Zarkov and Davis), for instance, it is atypical of the collective goals of second wave feminism.In comparing the two eras, Anita Hill’s claims against Clarence Thomas in the early 1990s is a bridging incident. It dates from closer to the time in which sexual harassment was named, and Hill’s testimony is now recognised as a prototype of the kinds of claims made against powerful men in the #MeToo era. Lauren Berlant’s account of “Diva Citizenship”, formulated in response to Hill’s testimony to the US Senate, now seems prescient of the unfolding spectacle of feminist subjectivities in the digital public sphere and speaks directly to the relation between individual and collective action in making lasting change. The possibility of change, however, descends from the intervention of the women’s movement in naming sexual harassment.The Name Is AllI found my boss in a room ... . He was alone ... . He greeted me ... touched my hair and ... said ... “Come, Ruth, sit down here.” He motioned to his knee. I felt my face flush. I backed away towards the door ... . Then he rose ... and ... put his hand into his pocket, took out a roll of bills, counted off three dollars, and brought it over to me at the door. “Tell your father,” he said, “to find you a new shop for tomorrow morning.” (Cohen 129)Sexual coercion in the workplace, such as referred to in this workplace novel published in 1918, was spoken about among women in subcultures and gossip long before it was named as sexual harassment. But it had no place in public discourse. Women’s knowledge of sexual harassment coalesced in an act of naming that is reputed to have occurred in a consciousness raising group in New York at the height of the second wave women’s movement. Lin Farley lays claim to it in her book, Sexual Shakedown, first published in 1978, in describing the coinage of the term from a workshop on women and work in 1974 at Cornell University. The group of participants was made up, she says, of near equal numbers of black and white women with “economic backgrounds ranging from very affluent to poor” (11). She describes how, “when we had finished, there was an unmistakable pattern to our employment ... . Each one of us had already quit or been fired from a job at least once because we had been made too uncomfortable by the behaviour of men” (11–12). She claims to have later devised the term “sexual harassment” in collaboration with others from this group (12).The naming of sexual harassment has been described as a kind of “discovery” (Leeds TUCRIC 1) and possibly “the only concept of sexual violence to be labelled by women themselves” (Hearn et al. 20). Not everyone agrees that Farley’s group first coined the term (see Herbert 1989) and there is some evidence that it was in use from the early 1970s. Catherine Mackinnon accredits its first use to the Working Women United Institute in New York in connection with the case of Carmita Wood in 1975 (25). Yet Farley’s account gained authority and is cited in several other contemporary radical feminist works (for instance, see Storrie and Dykstra 26; Wise and Stanley 48), and Sexual Shakedown can now be listed among the iconic feminist manifestoes of the second wave era.The key insight of Farley’s book was that sexual coercion in the workplace was more than aberrant behaviour by individual men but was systemic and organised. She suggests how the phrase sexual harassment “is the first verbal description of women’s feelings about this behaviour and it unstintingly conveys a negative perception of male aggression in the workplace” (32). Others followed in seeing it as organised expression of male power that functions “to keep women out of non-traditional occupations and to reinforce their secondary status in the workplace” (Pringle 93), a wisdom that is now widely accepted but seemed radical at the time.A theoretical literature on sexual harassment grew rapidly from the 1970s in which the definition of sexual harassment was a key element. In Sexual Shakedown, Farley defines it with specific connection to the workplace and a woman’s “function as worker” (33). Some definitions attempted to cover a range of practices that “might threaten a woman’s job security or create a stressful or intimidating working environment” ranging from touching to rape (Sedley and Benn 6). In the wider radical feminist discussion, sexual harassment was located within the “continuum of sexual violence”, a paradigm that highlighted the links between “every day abuses” and “less common experiences labelled as crimes” (Kelly 59). Accordingly, it was seen as a diminished category of rape, termed “little rape” (Bularzik 26), or a means whereby women are “reminded” of the “ever present threat of rape” (Rubinstein 165).The upsurge of research and writing served to document the prevalence and history of sexual harassment. Radical feminist accounts situated the origins in the long-standing patriarchal assumption that economic responsibility for women is ultimately held by men, and how “women forced to earn their own living in the past were believed to be defenceless and possibly immoral” (Rubinstein 166). Various accounts highlighted the intersecting effects of racism and sexism in the experience of black women, and women of colour, in a way that would be now termed intersectional. Jo Dixon discussed black women’s “least advantaged position in the economy coupled with the legacy of slavery” (164), while, in Australia, Linda Rubinstein describes the “sexual exploitation of aboriginal women employed as domestic servants on outback stations” which was “as common as the better documented abuse of slaves in the American South” (166).In The Sexual Harassment of Working Women, Catherine Mackinnon provided a pioneering legal argument that sexual harassment was a form of sex discrimination. She defined two types: the quid pro quo, when “sexual compliance is exchanged, or proposed to be exchanged, for an employment opportunity” (32); and sexual harassment as a “persistent condition of work” that “simply makes the work environment unbearable” (40). Thus the feminist histories of sexual harassment became detailed and strategic. The naming of sexual harassment was a moment of relinquishing women’s experience to the gaze of feminism and the bureaucratic gaze of the state, and, in the legal interventions that followed, it ceased to be exclusively a feminist issue.In Australia, a period of bureaucratisation and state intervention commenced in the late 1970s that corresponded with similar legislative responses abroad. The federal Sex Discrimination Act was amended in 1984 to include a definition of sexual harassment, and State and Territory jurisdictions also framed legislation pertaining to sexual harassment (see Law Council of Australia). The regimes of redress were linked with Equal Opportunity and Affirmative Action frameworks and were of a civil order. Under the law, there was potential for employers to be found vicariously liable for sexual harassment.In the women’s movement, legislative strategies were deemed reformist. Radical and socialist feminists perceived the de-gendering effects of these policies in the workplace that risked collusion with the state. Some argued that naming and defining sexual harassment denies that women constantly deal with a range of harassment anywhere, not only in the workplace (Wise and Stanley 10); while others argued that reformist approaches effectively legitimate other forms of sex discrimination not covered by legislation (Game and Pringle 290). However, in feminism and in the policy realm, the debate concerned sexual harassment in the general workplace. In contrast to #MeToo, it was not led by celebrity voices, nor galvanised by incidents in the sphere of entertainment, nor, by and large, among figures of public office, except for a couple of notable exceptions, including Anita Hill.The “Spectacle of Subjectivity” in the “Scene of Public Life”Through the early 1990s as an MA candidate at the University of Queensland, I studied media coverage of sexual harassment cases, clipping newspapers and noting electronic media reports on a daily basis. These mainly concerned incidents in government sector workplaces or small commercial enterprises. While the public prominence of the parties involved was not generally a factor in reportage, occasionally, prominent individuals were affected, such as the harassment of the athlete Michelle Baumgartner at the Commonwealth Games in 1990 which received extensive coverage but the offenders were never publicly named or disciplined. Two other incidents stand out: the Ormond College case at the University of Melbourne, about which much has been written; and Anita Hill’s claims against Clarence Thomas during his nomination to the US Supreme Court in 1991.The spectacle of Hill’s testimony to the US Senate is now an archetype of claims against powerful men, although, at the time, her credibility was attacked and her dignified presentation was criticised as “too composed. Too cool. Too censorious” (Legge 31). Hill was also seen to counterpose the struggles of race and gender, and Thomas himself famously described it as “a hi-tech lynching of an uppity black” (qtd in Stephens 1). By “hi-tech”, Thomas alluded to the occasion of the first-ever live national broadcast of the United States Senate hearings in which Hill’s claims were aired directly to the national public, and re-broadcast internationally in news coverage. Thus, it was not only the claims but the scale and medium of delivery to a global audience that set it apart from other sexual harassment stories.Recent events have since prompted revisiting of the inequity of Hill’s treatment at the Senate hearings. But well before this, in an epic and polemical study of American public culture, Berlant reflected at length on the heroism of Hill’s “witnessing” as paradigmatic of citizenship in post-Reaganite America’s “shrinking” public sphere. It forms part of her much wider thesis regarding the “intimate public sphere” and the form of citizenship “produced by personal acts and values” (5) in the absence of a context that “makes ordinary citizens feel they have a common public culture, or influence on a state” (3), and in which the fundamental inequality of minority cultures is assumed. For Berlant, Hill’s testimony becomes the model of “Diva Citizenship”; the “strange intimacy” in which the Citizen Diva, “the subordinated person”, believes in the capacity of the privileged ones “to learn and to change” and “trust[s] ... their innocence of ... their obliviousness” of the system that has supported her subjugation (222–223). While Berlant’s thesis pertains to profound social inequalities, there is no mistaking the comparison to the digital feminist in the #MeToo era in the call to identify with her suffering and courage.Of Hill’s testimony, Berlant describes how: “a member of a stigmatised population testifies reluctantly to a hostile public the muted and anxious history of her imperiled citizenship” (222). It is an “act of heroic pedagogy” (223) which occurs when “a person stages a dramatic coup in a public sphere in which she does not have privilege” (223). In such settings, “acts of language can feel like explosives” and put “the dominant story into suspended animation” (223). The Diva Citizen cannot “change the world” but “challenges her audience” to identify with her “suffering” and the “courage she has had to produce” in “calling on people to change the practices of citizenship into which they currently consent” (223). But Berlant cautions that the strongest of Divas cannot alone achieve change because “remaking the scene of public life into a spectacle of subjectivity” can lead to “a confusion of ... memorable rhetorical performance with sustained social change itself” (223). Instead, she argues that the Diva’s act is a call; the political obligation for the action of change lies with the collective, the greater body politic.The EchoIf Acts of Diva Citizenship abound in the #MeToo movement, relations between the individual and the collective are in question in a number of ways. This suggests a basis of comparison between past and present feminisms which have come full circle in the renewed recognition of sexual harassment in the continuum of sexual violence. Compared with the past, the voices of #MeToo are arguably empowered by a genuine, if gradual, change in the symbolic status of women, and a corresponding destabilization of the images of male power since the second wave era of feminism. The one who names an abuser on Twitter symbolises a power of individual courage, backed by a responding collective voice of supporters. Yet there are concerns about who can “speak out” without access to social media or with the constraint that “the sanctions would be too great” (Zarkov and Davis). Conversely, the “spreadability” — as Jenkins, Ford and Green term the travelling properties of digital media — and the apparent relative ease of online activism might belie the challenge and courage of those who make the claims and those who respond.The collective voice is also allied with other grassroots movements like SlutWalk (Jouet), the women’s marches in the US against the Trump presidency, and the several national campaigns — in India and Egypt, for instance (Zarkov and Davis) — that contest sexual violence and gender inequality. The “sheer numbers” of participation in #MeToo testify to “the collectivity of it all” and the diversity of the movement (Gill and Orgad). If the #MeToo hashtag gained traction with the “experiences of white heterosexual women in the US”, it “quickly expanded” due to “broad and inclusive appeal” with stories of queer women and men and people of colour well beyond the Global North. Even so, Tarana Burke, who founded the #MeToo hashtag in 2006 in her campaign of social justice for working class women and girls of colour, and endorsed its adoption by Hollywood, highlights the many “untold stories”.More strikingly, #MeToo participants name the names of the alleged harassers. The naming of names, famous names, is threshold-crossing and as much the public-startling power of the disclosures as the allegations and stimulates newsworthiness in conventional media. The resonance is amplified in the context of the American crisis over the Trump presidency in the sense that the powerful men called out become echoes or avatars of Trump’s monstrous manhood and the urgency of denouncing it. In the case of Harvey Weinstein, the name is all. A figure of immense power who symbolised an industry, naming Weinstein blew away the defensive old Hollywood myths of “casting couches” and promised, perhaps idealistically, the possibility for changing a culture and an industrial system.The Hollywood setting for activism is the most striking comparison with second wave feminism. A sense of contradiction emerges in this new “visibility” of sexual harassment in a culture that remains predominantly “voyeuristic” and “sexist” (Karkov and Davis), and not least in the realm of Hollywood where the sexualisation of women workers has long been a notorious open secret. A barrage of Hollywood feminism has accompanied #MeToo and #TimesUp in the campaign for diversity at the Oscars, and the stream of film remakes of formerly all-male narrative films that star all-female casts (Ghostbusters; Oceans 11; Dirty, Rotten Scoundrels). Cynically, this trend to make popular cinema a public sphere for gender equality in the film industry seems more glorifying than subversive of Hollywood masculinities. Uneasily, it does not overcome those lingering questions about why these conditions were uncontested openly for so long, and why it took so long for someone to go public, as Rose McGowan did, with claims about Harvey Weinstein.However, a reading of She Said, by Jodie Kantor and Megan Tuohey, the journalists who broke the Weinstein story in the New York Times — following their three year efforts to produce a legally water-tight report — makes clear that it was not for want of stories, but firm evidence and, more importantly, on-the-record testimony. If not for their (and others’) fastidious journalism and trust-building and the Citizen Divas prepared to disclose their experiences publicly, Weinstein might not be convicted today. Yet without the naming of the problem of sexual harassment in the women’s movement all those years ago, none of this may have come to pass. Lin Farley can now be found on YouTube retelling the story (see “New Mexico in Focus”).It places the debate about digital activism and Hollywood feminism in some perspective and, like the work of journalists, it is testament to the symbiosis of individual and collective effort in the action of change. The tweeting activism of #MeToo supplements the plenum of knowledge and action about sexual harassment across time: the workplace novels, the consciousness raising, the legislation and the poster campaigns. In different ways, in both eras, this literature demonstrates that names matter in calling for change on sexual harassment. But, if #MeToo is to become the last long take on sexual harassment, then, as Berlant advocates, the responsibility lies with the body politic who must act collectively for change in ways that will last well beyond the courage of the Citizen Divas who so bravely call it on.ReferencesBerlant, Lauren. The Queen of America Goes to Washington City: Essays on Sex and Citizenship. 1997. Durham: Duke UP, 2002.Bularzik, Mary. “Sexual Harassment at the Workplace: Historical Notes.” Radical America 12.4 (1978): 25-43.Cohen, Rose. Out of the Shadow. NY: Doran, 1918.Dixon, Jo. “Feminist Reforms of Sexual Coercion Laws.” Sexual Coercion: A Sourcebook on Its Nature, Causes and Prevention. Eds. Elizabeth Grauerholz and Mary A. Karlewski. Massachusetts: Lexington, 1991. 161-171.Farley, Lin. Sexual Shakedown: The Sexual Harassment of Women in the Working World. 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