Naturenet: UK Law and the Environment
UK Law and the Environment
by John Hartshorne
E
nvironmental law is a term that is used in the UK to include a vast variety
of legislation which is, in some way, concerned with the control of environmental
damage. Some laws are very narrow and relate to only one issue or activity
- such as the Mobile Homes Act 1983. In recent years many older laws have been
consolidated into large, wide ranging Acts. Two very important examples are
the Environmental Protection Act 1990 and the Environment Act 1995. These replaced
and modified much previous environmental legislation.
During the last 20 years there has
been a greater public awareness of environmental issuesEnvironmental law receives more attention today than in the past. During the
last 20 years there has been a greater public awareness of environmental issues
which have been brought to the public's attention by major world events such
as the nuclear accident at Chernobyl and various oil tanker disasters around
the world which received massive media coverage. In addition, pressure groups
like Greenpeace and Friends of the Earth are constantly forcing environmental
issues into the media. Within the European Union, environmental legislation
is a high priority and the UK has been forced to take it seriously through
a number of European Union Directives.
Environmental law is found in the national law of the United
Kingdom, European Union law and iInternational law. Laws reflect policies and
policies reflect the vision of the government of the day and, to some extent,
the will of the people. As a result legislation is always perceived as being
weak by those who support it. For example, there is little disagreement that
pollution levels from vehicles should be reduced but a law which banned cars
would gain little support!
There are a wide variety of means available for the enforcement of environmental
law. Criminal prosecution may impose a fine or imprisonment. Injunctions or
claims for damages may prevent some harm from occurring or compensate for injury
sustained. Licences or contracts may regulate and set standards. For example,
the Environment
Agency
is responsible for issuing discharge consents for companies
wishing to discharge wastes into rivers. Enforcement Agencies (such as the
Environment Agency) have wide powers to inspect, report and take action over
pollution.
Novel and potentially very effective approaches to environmental legislation
have been developed recently. The introduction of Integrated Pollution Control
sets standards for products and processes rather than for discharges or emissions.
The growth of environmental labelling has assisted in making consumers aware
of the environmental impacts of the products they buy.
The use of taxation instead of legal sanctions to reduce environmental damage
is not new, but is finally being seriously considered. For example the use
of a carbon (energy) tax to reduce and improve the efficiency of fossil fuel
use may well be far more effective than legal sanctions.
One problem which would be associated with such a measure would be how to
protect the poorest in society from the increased cost of fuel. The principle
that the 'polluter pays' is seen as a preventive measure to encourage waste
avoidance and prevent pollution. Encouraging the replacement of fossil fuel
derived electricity with renewables has been to some extent encouraged through
the 'non-fossil fuel obligation' which obliges distributors of electricity
to source some of their power from renewables. The additional costs are borne
by a levy on fossil fuel derived electricity under the Electricity Act 1989.
The contents of this page owe a great deal to 'Environment
and the Law' by
John F. McEldoney and Sharron McEldowney. Longman 1996 ISBN 0 582 22712 7,
which the author acknowledges.
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