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