Implementing general environmental duties: Challenges and opportunities. Issue 3 (20th November 2020)

• Record Type: Journal Article
• Authors: Edwards, Joel; Windholz, Eric; Faulkner, Nicholas; Werbeloff, Lara
• Is Part Of: Australian journal of public administration. Volume 80:Issue 3(2021)
• Page Start: 474
• Page End: 492
• Publication Date: 2020-11-20
• Subjects: general duty -- general environmental duty -- implementation -- regulation -- systematic review; Public administration -- Australia -- Periodicals; Policy sciences -- Australia -- Periodicals; Australia -- Politics and government -- Periodicals; 351.9405
• DOI: 10.1111/1467-8500.12456
• Languages: English
• ISSNs: 0313-6647

Abstract

Abstract: A general environmental duty is being implemented in Victoria as part of an overhaul of the jurisdiction's environmental protection regime. This is part of a growing international trend to replace or supplement prescriptive regulatory regimes with more general, principle‐based standards. However, implementing a general environmental duty poses numerous challenges to regulators responsible for its implementation. This study systematically reviews the growing literature on general duties and their implementation to identify these challenges. Through a thematic synthesis of the published literature, we identify nine challenges relevant to the implementation of a general environmental duty. The article concludes by identifying four opportunities for regulators to address these challenges. Abstract : This research identifies the opportunities available to regulators responsible for the implementation of general environmental duties to reduce the impact of implementation and operational challenges, based on a systematic review of the literature.