Local Government and Peatlands Report

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Local Authorities and Sustainable Peatland Management: Current Opportunities and Future Possibilities for Local Approaches

Introduction

Sustainable peatland management (SPM) in Wales will require an effective multi-level governance system. Existing measures to secure SPM in Wales have focused on the role of Natural Resources Wales, the environment agency for Wales. However, local authorities have important local knowledge to contribute to the delivery of SPM as well as the skills and experience to engage with local communities on this issue. The aim of this report is to provide a detailed consideration of the potential role for local authorities in SPM. This is achieved by considering first, why SPM is of relevance to the work of local authorities and, subsequently, how local authorities may use their powers and functions to support SPM. Working with other actors will also be essential to meeting the aims of SPM. Therefore, in addition the report identifies the key organisations with whom local authorities might make connections to support SPM and the way existing mechanisms for partnership working with local authorities could be used to further these aims.

Methodology

The author is a legal academic, therefore, the methodology adopted in this report to evaluate the effectiveness of governance for SPM and the way this supports the role of local authorities focuses on the rules that underline the relevant systems and processes. The first step in creating this report was to provide to a detailed explanation of the legal rules relating to the powers and responsibilities of local authorities that may be relevant to SPM. This methodology is referred to as doctrinal legal research and forms the foundation of most legal research. Local authorities are fundamentally ‘creatures of statute’ so the way their powers and responsibilities are set out in law is crucial to the delivery of outcomes for the communities they serve. Law exists in a social context and so, like much doctrinal legal research, this investigation includes an outline of the policy and funding contexts relevant to the work of local authorities. It also includes consideration of the rules that operate to govern partnership working between local authorities and other actors. Together law, policy, and finance rules create a framework for governance that is relevant to the achievement of SPM. The second stage of the research is to evaluate the adequacy of the framework of law, policy and finance rules that have been identified and explained, in meeting the objectives of SPM. This evaluation was carried out with reference to information regarding SPM provided by Dr Jonathan Walker who has developed a body of evidence on Welsh peatlands as part of a UKRI policy fellowship also funded by the Landscapes Decision Making programme. This evaluation is used to highlight ways of supporting SPM within existing rule systems and to recommend changes to better support SPM. The accuracy of the information provided in this report, including the evaluation, was also informed by engagement with a range of individuals working within government, non-governmental and third sector organisations. It is important to note that this was not carried out as a means of collecting qualitative data, but to inform and improve the researcher’s understanding.

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