THE ADMINISTRATION, REGULATION AND ENFORCEMENT OF ENVIRONMENTAL LAW 1

ENVIRONMENT AGENCY; LOCAL AUTHORITIES; SECRETARY OF STATE

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Environmental Law

Environmental Law2

‘The system of environmental regulation involves many different aspects, including the setting, application, enforcement and ongoing review of environmental standards.’ Bell and McGillivray, 222.

‘Administrative regulation ... denotes a coherent system of control in which the regulating body sets a framework for activities on an ongoing basis, with a view to conditioning and policing behaviour as well as laying down straight rules.’ Bell and McGillivray, 223.

Environmental Law3

The main stages of the environmental regulatory system:

establishing general policies on the environment;setting standards/specific policies iro specific issue;applying standards/policies to each situation

(licence);enforcing standards via admin/criminal sanctions;providing information on environment/regulatory

process;use of mechanisms to monitor and improve

regulatory system. Bell and McGillivray, 224.

Environmental Law4

Administrative regulation is the most common method of addressing environmental problems in the UK; ie the application of rules and procedures by public bodies, so as to achieve a measure of control over activities carried out by individuals and companies.

The UK generally applies target standards which apply to the receiving environment as opposed to emission standards.

UK environmental regulatory approach is flexible; balancing environmental, economic and social factors

Environmental Law5

England, Northern Ireland, Scotland and Wales

Scottish and Northern Ireland assemblies have powers to pass primary law on environment; Wales only secondary legislation

Compliance with EU environmental law / The power to pass any new environmental legislation is constrained by EU environmental law which applies to all UK

Environmental Regulatory Bodies6

Local Authorities responsible, for example:Under Clean Air Act 1993 for controlling

emissions of dark smoke;For investigating and abating statutory nuisances

under Part III of the EPA 1990 (localised pollution = noise, smells, animals);

For making planning decisions in their areas + related matters, eg tree preservation orders, listed building protection, conservation areas;

For identifying areas of Contaminated Land under Part IIA of EPA 1990 [Special sites = EAgency] + issue Remediation notices (clean up of sites)

Environmental Regulatory Bodies7

Local Authorities continued:

Environment Act 1995: air quality; action plans

Waste collection and disposal

Money constraints v Effective enforcement ofenvironmental laws / regulatory control?

Environmental Regulatory Bodies8

The Environment Agency - April 1996 amalgamating

National Rivers Authority; HMI of Pollution; Waste Regulation AuthoritiesFunctions:Grant Environmental Permits Authorising

Regulated Facilities (Water; Waste; IPPC)Supervises operation of these licensed facilities

Environmental Permitting (England and Wales) Regulations 2010

Maintains body of inspectors + decides prosecution or not

Environmental Regulatory Bodies9

4. New Functions (additional to transferred functions)

Created by Environment Act 1995Enforcement authority – special sites – Part

IIA EPA 1990 – Regulation of historically contaminated land

Statutory consultees in respect of national air quality and national waste strategy

Environmental Regulatory Bodies10

Environment AgencyDiscretion; difficult to challenge decisions;

proceduralPrincipal aim: EA1995 s 4(1)(2)(3):‘so to protect or enhance the environment, taken as

a whole, as to make the contribution that Ministers consider appropriate towards attaining the objective

of achieving sustainable development.’Other duties and objectives: ss 5-9 EA 1995

Environmental Regulatory Bodies11

Environment AgencyPollution Control FunctionsS 5 EA 1995Generally Relating to WaterS 6 EA 1995General Environmental DutiesS 7 EA 1995Sites of Special InterestCost Benefit DutyS39 EA 1995 + s 56(1) EPA 1995

Environmental Regulatory Bodies12

Environment AgencyInspection and Enforcement Powers:

compliance; pollution control. S 108(1) EA 1995

Offence s 110 EA 1995Fees and Charging. Ss 41 and 42 EA 1995

Environmental Regulatory Bodies13

Secretary of State for Environment, Food and Rural

Affairs: DEFRAStatutory instrumentsEnforce statutory duties of decision makersDetermining appeals / judicial reviewIssue Codes of Practice s 9 EA 1995Guidance s 4(3) EA 1995 (safeguards s4(5)-(7)

EA 1995)Discretionary powers

Environmental Regulatory Bodies14

Secretary of State for Environment Food and Rural AffairsDEFRADirections to Environment Agency:

specific/generalLegislative/quasi-legislative powers: framework

legislation + update legislation iro EU requirements

Appeals Judicial Review