Environmental Law
1
ENVIRONMENTAL PERMITTING
Environmental Permitting
2
 Environmental Permitting (England and Wales)






Regulations 2007 introduced a new system of
environmental regulation
Simplification of regulatory burden/costs
Continued protection of environment & human
health
Single set of regulations. Converted existing:
(1) pollution prevention control permits and
(2) waste management licences
into Environmental Permits
Environmental Permitting
3
Integration in the sense
(2) Institutional Integration / Consolidation of
Environmental Regulation
 Streamlining/unifying rules governing the control of
harmful impacts. Prompted by notion of ‘better
regulation’. Easing regulatory burden; simplifying rules
 Unified permitting system, covering areas in which
EU environmental law must be given effect to.
 Main ones =Waste Management (2007) Water
Discharge Consents (2010) = Environmental
Permitting Regime
Environmental Permitting
4
 Environmental Permitting (England and Wales)




Regulations 2010 )SI 2010 No 675
Single procedural framework for making
applications and for granting environmental
permits, as well as for monitoring and enforcement
(suspension; revocation)
Common variation; transfer; surrender; appeals
procedures.
Regulated facilities requiring environmental permits
or those which need to be registered as exempt
Functions/duties of regulatory authorities and S of S
Environmental Permitting
5
‘Regulated Facility’ (Reg. 8) includes:
 A waste operation (disposal or recovery of waste
within Waste Directive 2008) not carried out at an
installation or by means of a mobile plant (& not an
excluded or exempt (low risk) waste operation) Reg.
8(1)(c) (waste management licence became
environmental permit)
 A water discharge activity (2010)(water discharge
consent now environmental permit) Reg 8(1)(f)
Environmental Permitting
6
Environmental Permits
 Risk based
 Single permits: provided same regulator, same
operator, all facilities on same site
 Standard permits: off the peg, rather than site
specific ie a set of requirements common to
particular class of regulated facility – subject to
requirement to review standard rules
 Consolidated permits: more than one regulated
facility with same operator
Environmental Permitting
7
Regulatory Bodies
 Environment Agency (Reg. 32) Waste; Water
 Local Authority (lesser extent/risk)
 General Duty on regulators to exercise relevant
functions so as to achieve compliance with specified
EU Directives.
Environmental Permitting
8
The Operator
 Only the person who has control over the operation
of a regulated facility may obtain an environmental
permit (Reg. 7)
 Operator Competence
 The regulator is under a duty to refuse an application
if it considers that the applicant will not be the
operator of the regulated facility, or,
 If it considers that the operator will not be able to
operate the regulated facility in accordance with
environmental permit.
Environmental Permitting
9
 This involves an assessment of whether the operator is
competent (this takes place of ‘fit and proper
person’)
Factors to be considered in application : the adequacy of
the operator’s:
 Management system (EMAS accredited?);
 Technical competence ( standards);
 History of compliance (of operator or ‘relevant person’)
with regulatory requirements; convictions for relevant
offences;
 Financial circumstances so as to ensure sufficient
funding to operate environmental permit
Environmental Permitting
10
Regulator may refuse permit if it is considered that:
 Environmental impact would be unacceptable, or
 Requirements of relevant EU Directives would not be
met.
The regulator is under a duty to act in such a way as
ensure compliance with objectives of EU Directives.
 Application ‘fees’
 Regs provide for public consultation on application
Environmental Permitting
11
 Applications to vary, transfer or surrender an
environmental permit
 Vary (Reg. 20)
 Transfer (Reg. 21)
 Surrender (Regs 24 & 25) Regulator must accept
application if it is satisfied necessary measures have
been taken to avoid a pollution risk resulting from
operation of regulated facility and to return site to a
satisfactory state
Environmental Permit
12
Enforcement Powers
(See also Reg 34 Review & Inspection)
 Regulator has array of enforcement powers to
ensure permit holder complies with terms of permit
 Enabling regulators to retain control over regulated
activities without having to resort to prosecution as
a control mechanism
 Duty to ensure compliance with EU Directives but
regulatory discretion:
 Administrative powers:
Environmental Permitting
13
 Revocation notice (Reg. 22)
Where regulator issues revocation notice it can still
require operator to take steps to avoid pollution risk
from operation of facility and to return site to a
satisfactory state
 Enforcement notice (Reg 36)
Specifying breach, remedial action require, timescale.
Failure to comply = offence
Environmental Permitting
14
 Suspension notice (Reg 37(2)) where risk of serious






pollution
Variation notice on initiative of regulator (Reg 20)
Acquisition of information (Reg 60). Criminal
offence not to comply without reasonable excuse.
Appeals (Reg 31)
Public Register (Reg 46)
Criminal law enforcement (Reg 38)
Not expected to be used frequently given
administrative enforcement powers of regulators.
Environmental Permitting
15
 Reg. 38 Offence to :
 cause or knowingly permit operation of regulated
facility without environmental permit;
 fail to comply with or breach environmental permit
condition;
 fail to comply with enforcement or suspension notice
 Defence: Emergency defence, in order to avoid
danger to human health + took all steps as were
reasonably practicable in circumstances for
minimising pollution, and particulars of act
furnished to regulator (Reg 40)