Environmental Law
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THE ADMINISTRATION, REGULATION AND
ENFORCEMENT OF ENVIRONMENTAL LAW 1
ENVIRONMENT AGENCY; LOCAL
AUTHORITIES; SECRETARY OF STATE
Environmental Law
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 ‘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 Law
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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 Law
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 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 Law
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 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 Bodies
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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 Bodies
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Local Authorities continued:
 Environment Act 1995: air quality; action plans
 Waste collection and disposal
Money constraints v Effective enforcement of
environmental laws / regulatory control?
Environmental Regulatory Bodies
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The Environment Agency - April 1996 amalgamating
National Rivers Authority; HMI of Pollution; Waste
Regulation Authorities
Functions:
 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 Bodies
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4. New Functions (additional to transferred functions)
Created by Environment Act 1995
 Enforcement 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 Bodies
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Environment Agency
 Discretion; difficult to challenge decisions;
procedural
 Principal 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 Bodies
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Environment Agency
 Pollution Control Functions
S 5 EA 1995
 Generally Relating to Water
S 6 EA 1995
 General Environmental Duties
S 7 EA 1995
 Sites of Special Interest
 Cost Benefit Duty
S39 EA 1995 + s 56(1) EPA 1995
Environmental Regulatory Bodies
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Environment Agency
 Inspection and Enforcement Powers: compliance;
pollution control. S 108(1) EA 1995
 Offence s 110 EA 1995
 Fees and Charging. Ss 41 and 42 EA 1995
Environmental Regulatory Bodies
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Secretary of State for Environment, Food and Rural
Affairs: DEFRA
 Statutory instruments
 Enforce statutory duties of decision makers
 Determining appeals / judicial review
 Issue Codes of Practice s 9 EA 1995
 Guidance s 4(3) EA 1995 (safeguards s4(5)-(7) EA
1995)
 Discretionary powers
Environmental Regulatory Bodies
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Secretary of State for Environment Food and Rural
Affairs
DEFRA
 Directions to Environment Agency: specific/general
 Legislative/quasi-legislative powers: framework
legislation + update legislation iro EU requirements
 Appeals
 Judicial Review