THE ADMINISTRATION, REGULATION AND ENFORCEMENT OF ENVIRONMENTAL LAW 1 ENVIRONMENT AGENCY; LOCAL AUTHORITIES; SECRETARY OF STATE 1 Environmental Law

2 ‘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 3 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 4 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 5 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 6 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 7 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 8 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 9 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 10 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 11 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 s 56(1) EPA 1995

Environmental Regulatory Bodies 12 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 13 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 14 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