Environmental Damage (Prevention and Remediation) Regulations 2009
These implement EU Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage and are based on the polluter pays principle. This aims to ensure that individuals and organisations act to prevent and remedy environmental damage from their own finances rather the public purse.
The regulations apply to damage to protected species, natural habitats, sites of special scientific interest, on both land and water.
Environmental Permitting (England and Wales) Regulations 2016
These consolidate earlier amendments to Environmental Permitting (England and Wales) Regulations (with the original one being in 2010), and which replaced the Groundwater Regulations 2009.
These regulations cover ground water protection, including prevention and remedy of pollution to water, water discharge, waste management permits, waste incineration and landfill permits. Local Authorities administer certain activities (Part A2 - regulating emissions to air, land and water; and Part B, being emissions to the air only) in regulating specified industries, whilst the Environment Agency is r
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Environmental Protection Act 1990
This provides for a range of control measures including:
• Part 1: Control of pollution.
• Part 2: The management of waste.
• Part 3: Control of nuisances such as smoke, gases, noise and clean air.
• Part 4: Control of litter.
The Waste Management: The Duty of Care Code of Practice explains the practical requirements of the EPA. "Section 34 of the 1990 Act imposes a duty of care on persons concerned with controlled waste. The duty applies to any person who produces, imports, carries, keeps, treats or disposes of controlled waste, or as a broker has control of such wa
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European Union (Withdrawal) Act 2018
This started the implementation of the consequences of the Brexit vote of 2016, with the main purpose of the Act being to repeal the European Communities Act 1972, on the exit day (Section 1). Other key features include:
• Section 2, which states that “EU-derived domestic legislation, … continues to have effect in domestic law on and after exit dayâ€.
• Section 3, involves the incorporation (i.e the conversion) of direct EU legislation into domestic law.
• Section 8 which is ‘Dealing with deficiencies arising from withdrawal' states that a minister “may by regul
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Fertilisers Regulations 1991
This requires a manufacturer to correctly describe, mark and label the nutrient content of the fertiliser product. There are two detailed Schedules in these Regulations:
• SCHEDULE 1: PRESCRIBED DESCRIPTIONS OF MATERIAL, MEANINGS OF NAMES, PARTICULARS AND INFORMATION TO BE CONTAINED IN THE STATUTORY STATEMENT AND LIMITS OF VARIATION.
• SCHEDULE 2: MANNER OF MARKING AND LABELLING MATERIALS AND FASTENING OF PACKAGED MATERIAL.
Flood and Water Management Act 2010
This places a duty on local authorities and other organisations, including the Environment Agency (England), Natural Resources Body for Wales, and water companies, to manage flood risk, including coastal erosion, where applicable.
Local authorities, as the Lead Local Flood Authority (LLFA), are responsible for producing a local flood risk management strategy; (Sections 9 and 10).
A flood risk assessment for surface water run-off and groundwater is required when new building and construction work is carried out, for example, for the construction of a 3G sports pitch (see Schedule 3, S
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Food and Environment Protection Act 1985
An Act which aimed to control contamination of food, the sea and the environment. It regulates "pesticides and substances, preparations and organisms prepared or used for the control of pests or for protection against pests". Pesticides are covered in Part III, including the Control of pesticides etc. (Section 16),
"1
(a) with a view to the continuous development of means ‐
(i) to protect the health of human beings, creatures and plants;
(ii) to safeguard the environment; and
(iii) to secure safe, efficient and humane methods of controlling pests; and
(b) with a view to making information about pesticides available to the public".
It is often just referred to as FEPA.
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General Data Protection Regulation
Implementation of Regulation (EU) 2016/679 of the European Parliament and of the Council is made under the UK's Data Protection Act 2018, which deals with “the protection of natural persons with regard to the processing of personal data and on the free movement of such dataâ€, being amended by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019.
GHS Pictograms
The United Nations Globally Harmonized System of Classification and Labelling of Chemicals pictograms which are now used for hazard labels on pesticides and other hazardous substances. All 9 pictograms have a red diamond frame with a white background, with a black hazard symbol inside. The general type of hazard is also described below, although these aren't complete.
Grandfather Rights
Until 25th November 2015 older people, i.e. anyone born before 31st December 1964, were allowed an exemption from having to hold a recognised certificate of competence in the safe use of pesticides, if they wished to apply a pesticide in a professional setting: The Control of Pesticides Regulations 1986 (Regulation 6 (c)(i), Schedule 3), introduced this requirement. The Plant Protection Products (Sustainable Use) Regulations 2012 withdrew this right (Regulation 8 (4)) and everyone must now have an appropriate certificate of competence if they are to use pesticides.