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ENVIRONMENTAL PERMITTING
1
Environmental Law
Environmental Permitting2
Environmental Permitting (England and Wales) Regulations 2007 introduced a new system of environmental regulation
Simplification of regulatory burden/costs Continued protection of environment &
human healthSingle set of regulations. Converted existing: (1) pollution prevention control permits and(2) waste management licences into Environmental Permits
Environmental Permitting3
Integration in the sense(2) Institutional Integration / Consolidation of
Environmental RegulationStreamlining/unifying rules governing the control ofharmful impacts. Prompted by notion of ‘betterregulation’. Easing regulatory burden; simplifying rulesUnified 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 Permitting4
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 Permitting5
‘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 Permitting6
Environmental PermitsRisk basedSingle permits: provided same regulator,
same operator, all facilities on same siteStandard 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 Permitting7
Regulatory BodiesEnvironment Agency (Reg. 32) Waste; WaterLocal Authority (lesser extent/risk)General Duty on regulators to exercise
relevant functions so as to achieve compliance with specified EU Directives.
Environmental Permitting8
The OperatorOnly the person who has control over the
operation of a regulated facility may obtain an environmental permit (Reg. 7)
Operator CompetenceThe 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 Permitting9
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 Permitting10
Regulator may refuse permit if it is considered that:Environmental impact would be unacceptable, orRequirements 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 Permitting11
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 Permit12
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 Permitting13
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 stateEnforcement notice (Reg 36)Specifying breach, remedial action require,
timescale.Failure to comply = offence
Environmental Permitting14
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 Permitting15
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
noticeDefence: 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)