Like that link says, such systems mostly work when the commons are restricted to a small and stable local community, which can use a strong social network to manage it. It doesn't work that well on a large scale like a country.

Still, if you have some specific suggestions to avoid this legislation, I'd honestly very much like to hear them.

> A final condition is that there be appropriate community-based rules and procedures in place with built-in incentives for responsible use and punishments for overuse.

This is just a government by another name.