3. Environmental law is concerned with law
surrounding protecting the environment and care
about businesses which works with environment.
Environmental law deals with attitude to the
environment
• deal with environmental problems
• method to achieve a balance between human
and nature satisfy
4. The first department of environment was established in India
in 1980 with aim to achieve healthy environment for the
country.
All the rules for the environmental law are describe in
Environmental Protection Act
Law related to environmental law are:
• General law
• Forest and wildlife
• Water
• Air
5. Indian forest Act, 1927
- previous act from year 1878
- - one of the many surviving colonial statutes and is law transit to
forest produce
Merchant shipping Act, 1970
- is relating to merchant shipping
- deal with arising from ships along the coastal areas
The air Act ( prevention and control of pollution ), 1981 –
control of air pollution, cars which generating power to drive by
burning fuel
6. Statutory controls – laws with specific subject
- set down by legislature
- under control of the constitutional laws of the land
Legislator – is a person who writes and passes laws and is member of
legislature legislator
- is usually politic, usually vote by the people
- legislature can be:
1. supra-national → the European parliament
2. national → UK parliament
3. regional → National Assembly of Wales
4. local → local authorities
7. Provision made under the town and
country planning (Environment Impact
Assessment) (England and Wales)
Regulation 1999
8. What is it?
A tree preservation act is or commonly known as a TPO is an order made by the Council in
respect of trees . Tree’s are considered to bring amenity value to the surrounding area.
TPOs can prevent trees from felling, prune, topping, uprooting or otherwise wilful
damaging of trees without the permission of the local planning authority .
Tree preservation orders came in to act in the town and country planning act 1947
making the tree preservation order well over 60 years and still valid.
The current tree preservation order is under the town and planning act of
1990 and the Town and Country Planning (Tree Preservation) (England)
Regulations 2012
9. The courts have powers to fine anyone contravening a Tree Preservation Order
The maximum fine is £20,000 for destroying a tree
There is a £2,500 for anyone who does not completely destroy a tree but has
carried out some other works without consent
You may have to plant another tree if the tree was cut down or destroyed
13. Water pollution is extremely important. This is when water has been effected by
various types of things like chemical waste that has not been disposed properly.
75% of the Earth is covered with water
There is one way that water pollution could
be treated called a septic tank. The tank
treats the sewage at the place where it is
located, rather than transporting the waste
through a treatment plant or sewage system
Only 27% of our open waters in the UK (
Lakes and rivers) are classified as being of a
‘good status’
Improving water qualities in UK rivers and lakes has many benefits 1 example is:
• Protecting jobs which rely on good quality water
• One case is the NRA v Alfred McAlpine Homes East Ltd [ 1994] case
14. The EPA is a fundamental structure for waste management and control of
emissions into the environment.
The Act covers on a lot of areas that include
• Integrated Pollution Control and Air Pollution Control by Local Authorities
• Waste on Land
• Contaminated Land
• Statutory Nuisances and Clean Air
• Litter and many more
Contaminated Land
• significant harm is being caused or there is a possibility of such harm being
caused
• pollution of controlled waters is being, or is likely to be, caused
15. This is an act the regulates water resource, quality of water, pollution and flood
defence
• There is also a part 2 and 3 of this act which helps covers
Water resource management
Control of water pollution
If that person is guilty of the offence and liable the
penalties of not obeying this act is conviction to
imprisonment or a fine of up to £10,000
A case that involves this is act is the Bartoline v RSA
case
18. Environmental Information is rights of public access to
environmental information held by public authorities. This is part
of a series of guidance notes to help public authorities
understand their obligations and to promote good practice.
• A principal purpose of the Directive is to provide access to
information about our environment.
• It is important for public authorities to identify environmental
information correctly in order to deal with information
requests
19. Environmental Impact Assessment is a formal process used to
predict the environmental consequence
Positive or negative whatever the outcome
It aims to predict environmental impacts at an early stage in
project planning and design, find ways and means to reduce
adverse impacts
20. The Directive is mainly implemented in UK legislation
through the Town and Country Planning act
Here are some public bodies who serve as consultation bodies for the
purpose of the regulations.
• Natural England
• Environment Agency
• Marine Management Organisation
21. Developments of any type listed in
Schedule 1 will always
requires EIA (environmental
impact assessment)
The difference in Schedule 2 is that
it a requires EIA if it is likely to have
significant effects on the
environment by virtue of factors
such as.
22. With the EIA regulations they define two types of schedules of the
development
Schedule 1 – Schedule projects must always be carried out with an EIA
these include:
• Major power plants
• Chemical Works
• Waste disposal incineration
• Schedule 2- Where the area of floor space exceeds 1,000 square per meter
• Holiday villages
• Brewing
• Some textiles operations
In conclusion they are categorized if only the development has a significant
impact on the environment
23. A list of environmental concerns:
Strategic Environmental Assessment stages
Assessing effects on the landscape
Development Issues
Addressing Potential Liabilities
Disposals
Gathering the Relevant Information on Acquisition - Due Diligence
24. How does the EIA affect the construction industry?
Can cause significant delays
Additional costs
Limited on the land they use
road and rail network affects the environment in
primarily two ways
– by overriding resources and by producing
contaminants and throw away
25. The Environmental statement is submitted with
the planning application. Statutory consulters
must be notified and there are increased
publicity requirements. The determination
period for planning application is extended to
sixteen weeks. Any grant of planning permission
that does not take account of the environmental
information is invalid.
Environmental Statement Requirement
26. 1. Screening
2. Scoping
3. Prepare an Environmental Statement
4. Making a planning application and
consultation
5. Decision making
27. Berkeley v Secretary of state for the Environment 2000
Duty to consider material change of circumstance -
Mageean v SSCLG 2010
Failure to give reasons for conclusion on whether there
are environmental impacts – Bateman v South
Cambridge DC 2011
Failure to follow proper procedure – Birch v Barnsley MBC
and English v East Staffordshire BC 2010
Accuracy and sufficiency of information – friends of
Basildon Golf Course v Basildon District Council 2010
and Cooperative Group limited v Northumberland
Country Council 2010
28. Planning application have to be decided in line with the
relevant local planning authority’s (LPA).
National planning polices, such as planning policy
statements, minerals policy statements and circulars are
material considerations.
When deciding whether a planning application is in line with
its development plan, the LPA will have to consider the
following:
• The number, size, layout, sitting and external appearance of
the building.
• The infrastructure available.
• Landscaping requirement.
• The proposed use of the development.
• The impact on the surrounding area.
29. First environmental challenges
Occur in the first 60s year of last century caused by fast
industrialization.
In 1972 was environmental problem the biggest issue in
this time.
Organized conference UNCE
1983 World Commission on Environment and Development
World Commission on Environment and Development
30. Environment current issue
Continues to reduce greenhouse gas emissions
By 2005 – reduced to 85%
Majority of environmental laws since 1970s
Relevant case: Rylands v Fletcher, 1868
31. Report has to be accurate and clear
Technical jargon
Information about:
• carbon emissions
• waste generation and recycling
• energy use water use
• use of transport
32. Environmental report under part 3
Statutory nuisance and clear air:
Water resource Act 1991
The Bristol port health authority order 2010
The Cowes port health authority order 2010
The Portsmouth port health authority order 2010
The Southampton port health authority order 2010
