Implementing general environmental duties: Challenges and opportunities

Edwards, Joel; Windholz, Eric; Faulkner, Nicholas; Werbeloff, Lara

doi:10.1111/1467-8500.12456

Cited by 2 publications

(6 citation statements)

References 27 publications

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“…The strengths of one tool can supplement the weaknesses of another. Complementary toolkits in support of general duties are largely consistent, irrespective of the policy domain of the legislation (Bates, 2001; Edwards et al, 2020; Greiner, 2014; James & Walters, 2002). Indeed, across a variety of jurisdictions in Australia and New Zealand comparable toolkits exist to support both environmental and occupational health and safety general duties vii .…”

Section: Complementary Tool Mixes and Their Implementationmentioning

confidence: 99%

“…Yet the selection, sequencing and application of tool combinations is a complex and at times challenging exercise. Inadequately considered combinations of tools may be ineffective at best, and counterproductive at worst (Capano et al, 2019; Capano & Howlett, 2020; Edwards et al, 2020; Gunningham et al, 1998; Gunningham & Holley, 2016; Howlett, 2014; Howlett et al, 2018).…”

Section: Complementary Tool Mixes and Their Implementationmentioning

confidence: 99%

“…Experience across a variety of policy arenas reveals that the high hopes that attach to the implementation of general duties can be disappointed, and that there often remains a gap between the promise of their theory and the experience of their reality (Edwards et al, 2020; Freiberg, 2019; Gunningham, 2017). One particular area of theory that highlights the potential for profound impacts on policy outcomes is focussed on those last in line in policy delivery—the regulatory staff responsible for implementation—inspectors and other so‐called “street‐level bureaucrats” (Lipsky, 1980; Maynard‐Moody & Portillo, 2011).…”

Section: Complementary Tool Mixes and Their Implementationmentioning

confidence: 99%

“…However, this flexibility also poses a number of challenges for both duty‐holders and regulators (Edwards et al, 2020). Flexibility can create uncertainty.…”

Section: Introductionmentioning

confidence: 99%

“…Whilst the literature on general duties has been developing, there is an absence of empirical analyses of how these duties and supporting regulatory tools apply in practise (Edwards et al, 2020). As Freiberg (2019) observes, their success is highly dependent upon the circumstances surrounding implementation.…”

Section: Introductionmentioning

confidence: 99%

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Implementing general environmental duties: Regulators' perceptions of complementary toolkits

et al. 2021

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Statutory general duties prioritise the prevention of harm, placing the onus for compliance on individuals and businesses alike to take steps to manage risks posed by their activities. In the case of general environmental duties specifically, they mandate that all parts of the community minimise the risk of environmental harm from their activities. However, encouraging compliant behaviour across such a diverse cohort is a significant challenge. To assist in meeting this challenge, general duties are supported by a variety of complementary regulatory tools. However, little is known about which complementary tools are used by regulators to support general environmental duties, and which factors may influence their application. This article addresses this knowledge gap, with a focus on Anglosphere countries where the use of statutory general duties is becoming increasingly popular. Through semi‐structured interviews with staff from environmental and occupational health and safety regulators, we demonstrate that the existence of a complementary tool does not necessarily mean it will be selected, and that staff responsible for the implementation of general duties are influenced by seven factors. These factors impact not only the selection of complementary tools, but when and how they are applied. The article concludes by discussing implications for practise and future research.

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Section: Complementary Tool Mixes and Their Implementationmentioning

confidence: 99%

Section: Complementary Tool Mixes and Their Implementationmentioning

confidence: 99%

Section: Complementary Tool Mixes and Their Implementationmentioning

confidence: 99%

“…However, this flexibility also poses a number of challenges for both duty‐holders and regulators (Edwards et al, 2020). Flexibility can create uncertainty.…”

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Implementing general environmental duties: Regulators' perceptions of complementary toolkits

et al. 2021

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A system leverage points approach to governance for sustainable development

Bolton

2022

Sustain Sci

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Governments are inherently responsible for citizens' well-being. Given that achieving sustainable development ["Development that meets the needs of the present without compromising the ability of the future generations to meet their own needs"—(WCED in Our common future, Oxford University Press, New York, 1987)] is core to the attainment and maintenance of citizens' well-being, and increasingly understood to require major transformations in integrated social, technological and ecological systems (Sachs et al. in The decade of action for the sustainable development goals: sustainable development report 2021, Cambridge, 2021), it follows that governments have a significant role in shaping transformations. Muted progress on long-standing social, environmental, and economic challenges alongside spiralling public budgets and intergenerational debt suggests, however, that public governance systems are inadequate to facilitate the transformations urgently required. Conceptualising the practice of public decision-making as a complex system, this paper investigates whether known influences on public decision-makers can be linked to Meadows’ (Leverage points: places to intervene in a system, Sustainability Institute, North Charleston, 1999) leverage point framework. Finding meaningful connections, it further explores how the leverage point framework can be employed to engage decision-making influences as enablers of desirable public outcomes. It is contended that shifting decision-makers’ focus one step beyond currently prevalent leverage points will set in motion the transformations in governance required to facilitate sustainable development.

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Implementing general environmental duties: Challenges and opportunities

Cited by 2 publications

References 27 publications

Implementing general environmental duties: Regulators' perceptions of complementary toolkits

Implementing general environmental duties: Regulators' perceptions of complementary toolkits

A system leverage points approach to governance for sustainable development

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