Legislation Carl James

The Environmental Protection Act 1990 was a powerful, single piece of legislation introduced to protect the environment of the UK. In 1995, the Environment Agency was set up (see below). These are the main Acts of Parliament that protect the environment: • Water Act 1989 • Control of Pollution (Amendment) Act 1989 • Environmental Protection Act 1990 • Land Drainage Act 1991 • Water Resources Act 1991 • Environment Act 1995.

The following is a list of legislation types that has been taken from the Environment Agency’s website (2007) – www.environment-agency.gov.uk (follow the links to the English legislation section):

air chemicals conservation energy land noise and statutory nuisance pollution prevention and control (PPC) Plant Protection Radioactive Substances waste water

Environmental regulations developed from Acts of Parliament include the End of Life Vehicle Regulations 2003 and Agricultural Waste Regulations 2006. European directives stem from the European Parliament and there are hundreds of these concerning the environment. Each member country then has to develop regulations from these directives.

Control HSE

The Health & Safety Executive (HSE) has powers to enforce the legislation produced by the government. Its role is primarily to look after safety and it is this particular aspect that the HSE would investigate in environmental issues, for example are you wearing the correct personal protective equipment (PPE) to clean up a spillage and have you completed a risk assessment for that work? Should a breach of a safety regulation occur, then the HSE has the power of prosecution. The HSE has very little input into the environmental side of the law apart from the nuclear directive that governs releases of radiation into the environment.

Environmental Agency The Environment Agency (EA) is a public body whose role is to protect the environment. Its chairman, John Harman, says: ‘We are the leading public body for protecting and improving the environment in England and Wales. It’s our job to make sure that air, land and water are looked after by everyone in today’s society, so that tomorrow’s generations inherit a cleaner, healthier world’ (Environment Agency website, 2007). The EA also prosecutes offenders and gathers evidence in support of cases going to court. It undertakes many checks including air and water quality monitoring.

LA (Local Authority) Local authorities have many powers under the departments listed below. Planning The planning department establishes the local plan under planning legislation. This enables the control of the erection and alteration of buildings, the removal of trees and hedges and the construction of roads and other hard landscaped areas. Development is restricted to areas earmarked for category developments which are contained within the local plan, for example industrial, residential, commercial, so that much of the environment can be protected and maintained.

Key Term - Local plan The document that sets out and controls the planning policy for the local authority’s area. It sets out where the authority wants industry and housing to grow.

Environmental Services It is the responsibility of local authorities to provide the local community with the following environmental services:

municipal waste collection and disposal recycling pollution control noise control clean air public health commercial waste food safety.

Building Control This department controls the demolition, alteration and erection of both commercial and domestic buildings. The environmental aspects covered by building control include drainage, the thermal properties of a dwelling and hence carbon emissions and reduction, heating, power and lighting and ventilation. Building control is often enforced through the checking of plans on conformity and by visual site inspections. Again, this department can legally enforce the regulations.