Environmental legislation in the UK and Europe aims to prevent and control pollution through air, land and water

 

 

 

Definition of pollution

Pollution of the environment is defined in part 1 of the Environmental Protection Act 1990 as:

“pollution of the environment due to the release (into any environmental medium) from any process or substances which are capable of causing harm to man or any of his senses or harm to his property; and “harmless” has a corresponding meaning.”

The environment has been defined as consisting of:
“ the following media, namely, the air, water and land; and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground.”

European Legislation

URBAN WASTE WATER TREATMENT DIRECTIVE (1991)
DRINKING WATER DIRECTIVE (1980)
DANGEROUS SUBSTANCES DIRECTIVE (1976)
AIR POLLUTION DIRECTIVE (1980)
FRAMEWORK DIRECTIVE ON WASTE (1976)
PACKAGING AND PACKAGING WASTE DIRECTIVE (1994)
HEALTH AND SAFETY “6 PACK” REGULATIONS (1992)

A Directive

Countries have up to 5 years to implement into national legislation.

A Regulation

Must be implemented into national legislation immediately

UK Legislation

Legislation has existed for many years in the UK to control pollution and provide a safe working environment for workers e.g.
HEALTH AND SAFETY AT WORK ACT (HASAWA) 1974
CONTROL OF POLLUTION ACT (COPA) 1974

However the main environmental legislation was introduced in 1990 – this incorporates many areas and includes the rules of HASAWA and COPA.

THE ENVIRONMENT PROTECTION ACT 1990

An enabling legislation which has been enforced by further regulations.
Part 1 Prescribes certain substances and processes for control and authorisation for
Continued operation by MHIP – Part A processes under Integrated Pollution
Control (IPC) – or local authorities – Part B Processes under Air Pollution
Control (LAAPC)

Part 2 Relates to waste on land and covers the disposal of general factory waste.
Part 3 Relates to the statutory nuisances and covers the areas such as housekeeping,
noise and smell from factories.
EPA 1990 – introduced a red list of substance for each of the 3 media.