Note on Issues of EU Environmental Law and Transposition Into UK Domestic Law

Note on Issues of EU Environmental Law and Transposition into UK Domestic law

Analysis of the Draft Directive

1. Essentially, the aim of the Draft Directive in question (no 11002/07) is to ensure the provision of criminal offences, carrying sufficient sanctions, in the national criminal law of member states. These offences would criminalise breaches of certain provisions of EU environmental law. This is made clear in its Article 1, which reads:

“This Directive establishes measures relating to criminal law in order to protect the environment more effectively”.

2. The context of this Draft Directive (and the consultation process to which this note is directed towards) is the view that the EU is entitled to specify that breaches of environmental law should be dealt by member states with as criminal offences. The ‘guidance’ provided cites the recent ECJ decision in the ‘Ship-Source’; Commission v Council case (C440/05) as authority for this principle. I would also draw attention to, as part of this contextual background, the ECJ decision of Commission v Council (C 176/03).

3. The Draft Directive only requires the existence of criminal law provisions in respect of 9 types of environmentally-harmful conduct (Article 3). In summary, the specified conduct pertains to: a. [offence deleted from Draft Directive] b. Release of substances or ionising radiation which causes or is likely to cause death/injury/damage to environment c. Dealings with waste which causes or is likely to cause death/injury/damage to environment d. Operation of a plant dealing with dangerous activities/substances which causes or is likely to cause death/injury/damage to environment outside of the plant e. Illegal shipment of waste for profit/commercial purposes which causes or is likely to cause death/injury/damage to environment 1 f. Dealings with nuclear/radioactive materials which causes or is likely to cause death/injury/damage to environment g. Intentional dealings with protected wild fauna or flora; and intentional damaging or killing of such species for commercial purposes/habitually, except when within a permitted professional activity h. Significant deterioration of a protected habitat i. Trade/use of ozone-depleting substances j. Causing of noise which causes or is likely to cause death/injury/damage to environment

4. As to the criminal liability which would be required to attach to the above conduct, I would suggest that the Draft Directive’s requirements are fivefold: a. That criminal liability should attach when the conduct represents a breach of EU law (being thereby ‘unlawful’ for the purposes of the Directive) (Article 3) b. That criminal liability should attach when the conduct was committed either intentionally or with at least serious negligence, unless specified otherwise (Article 3) c. That this criminal liability should be extended to persons who aid, abet and incite the offences listed in Article 3 (Article 4) d. That this criminal liability should be extended to legal persons (Article 6) e. That this criminal liability on the part of individuals and legal persons should be met with sanctions which are at least of the level specified in the Directive, and which are “effective, proportionate and dissuasive” (Article 5 & 7).

5. It must be borne in mind that the Directive only requires the criminalisation of ‘unlawful’ conduct, i.e. conduct which is a breach of EU environmental law. The Draft Directive includes an annexe of the Directives and Regulations pertaining to EU environmental law, breach of which will render conduct ‘unlawful’ for the purposes of the Directive.

6. I will now, for each of the 9 types of conduct specified in Article 3, analyse the requirements of the Draft Directive and the existing content of the domestic law.

Discharge of substances into the air 2 Review of the Requirements of the Draft Directive 7. As per Article 3(b), the Draft Directive requires the criminalisation of the discharge of substances into the air which might cause death/serious injury/damage to the environment when such discharges are also a breach of EU Law. The EU law in question is said to be based upon the following directives (as listed in Annexe II): a. 70/220 (emissions from engines) b. 72/306 (emissions from engines) c. 77/537 (emissions from engines) d. 84/360 (emissions from industrial plants) e. 94/63 (emissions from storage of petrol) f. 96/61 (integrated pollution prevention and control) g. 97/67 (emissions from engines) h. 99/13 (emissions from solvents) i. 2000/53 (end-of-life vehicles) j. 2001/80 (emissions from industrial plants) k. 2003/87 (greenhouse gas emission allowance trading) l. 2005/55 (emissions from engines) m. 2005/78 (emissions from engines)

Review of the content of UK law on these issues 8. Three separate schemes are in place in UK law to deal with the discharge of problematic substances into the air: a. The Integrated Pollution Prevention and Control Scheme (hereafter ‘IPPC’ scheme) b. Various statutes and statutory instruments dealing with air quality generally; c. And various instruments dealing with the particular sources of emissions highlighted in the aforementioned directives.

9. As to IPPC, this scheme is provided for by the Pollution Prevention and Control Regulations 2000 (SI 2000/1973) which were made under the Pollution Prevention and Control Act 1999, and was designed to implement Directive 96/61. The scheme essentially regulates certain industrial activities which pose a potential threat to the environment and sets up a permit system. For this purpose, ‘environmental pollution’ is 3 defined in s1(2) as pollution of the air, water or land which may give rise to any harm; and ‘harm’ is defined in s1(3) as including harm to the health of human beings, or other living organisms, harm to the quality of the environment as a whole or to the quality of the air, water or land and other impairment/interference with the ecological systems; offence to the senses of human beings; damage to property; and the impairment of or inference with amenities of other legitimate uses of the environment. Thus, it is obvious that processes which could possibly result in emissions into the air which are harmful to the environment will be controlled by the IPPC Scheme. It is also of note that Directives 96/61, 94/63, 99/13, 2000/53 and 2001/80 are all relevant directives for the purposes of Schedule 1 PPCA 19991.

10. The important aspect of this scheme for present purposes is that it does make use of criminal law sanctions. Regulation 32 of the PPC Regulations provides for a number of criminal offences for breaches of the requirements of the legislation (SI 2000/1973). As to sentencing, it seems that all of these offences can be tried summarily or on indictment. The offences listed in Reg 32(1)(a),(b),(d) and (i) when tried summarily can be subject to a fine not exceeding £50,000 or to a term of imprisonment for a term not exceeding 12 months or both and when tried on indictment to a fine or to imprisonment for a term not exceeding five years or both (Reg 32(2); as amended by s105 Clean Neighbourhoods and Environment Act 2005). The offences listed in Reg 32(1)(c) and (e) – (h) when tried summarily can be subject to a fine not exceeding the statutory maximum2 and when tried on indictment to a fine or a to imprisonment for a term not exceeding two years or both (Reg 32(3)).

11. As to various statutory authorities dealing with the quality of air, one first turns to the Clean Air Act 1993. This makes provision, inter alia, for the control of smoke from industrial and domestic premises via a smoke control order issued under s18(1) and the control of the emission of dark smoke. The emission of dark smoke is an offence under s1(1) and (2) CAA 1993; an offender being liable, on summary conviction, to a fine either

1 See the Pollution Prevention and Control (Designation of Directives)(England and Wales) Order 2007; SI 2007/2247, The Pollution Prevention and Control (Designation of Council Directives on Large Combustion Plants, Incineration of Waste and National Emission Ceilings) Order 2002, 2002/2528 etc 2 Statutory maximum for fines is currently set at £5,000 4 of level 33 (for s1(1) offence) or level 54 (for s1(2) offence) on the standard scale. It is also an offence to breach a smoke control order issued under s20(4) CAA 1993: an offender being liable, on summary conviction, to a fine of level 3 on the standard scale. Furthermore, the Environment Act 1995 provided power to prescribe standards as to air quality by way of regulations (ss87 and 91): see Air Quality (England) Regulations 2000 (SI 2000/928) and Air Quality Limit Values Regulations 2003 (SI 2003/2121) (note that the relevant standards often represent a transposition of the requirements of EU directives).

12. As to the additional instruments which deal with specific types of emissions into the air, I will deal with the following examples: d. As to emissions from motor vehicle engines, see the Motor Vehicles (Type Approval) Regulations 1980 and later amending regulations and the Road Vehicle (Construction and Use) Regulations. As to Directives 2005/55 and 2005/78 see Motor Vehicle (EC type approval)(Amendment No 4) Regulations 2006 (SI 2006/2816). e. As to emissions from solvents, see: Pollution Prevention and Control (England and Wales) Regulations 2000; Solvent Emissions (England and Wales) Regulations 2003; Solvent Emissions (Scotland) Regulations 2004; Solvent Emissions (Northern Ireland) Regulations 2004 and Volatile Organic Compounds in Paints, Varnishes and Vehicle refinishing products regulations 2005 f. As to emissions from large combustion plants: see The Large Combustion Plants (National Emission Reduction Plan) Regulations 2007 (SI 2007/2325); the Large Combustion Plants (England and Wales) Regulations 2002 (SI 2002/2688); the Large Combustion Plants (Scotland) Regulations 2002 (SSI 2002/493); the Large Combustion Plants (Northern Ireland) Regulations 2003 (NI SI 2003/210). g. As to emissions resulting from the storage of petrol see: Environmental Protection (Prescribed Processes and Substances) Regulations 1991 (SI 1991/472); Environmental Protection (Prescribed Processes and

3 Level 3 on standard scale is currently set at £1,000 4 Level 5 on standard scale is currently set at £5,000 5 Substances)(Amendment)(Petrol Vapour Recovery) Regulations 1996 (SI 1996/2678). h. As to end-of-life vehicles, see: End-of-life vehicle Regulations 2003; End-of- life vehicles (producer responsibility) Regulations 2005 (SI 2005/263). i. As to greenhouse gas emission allowance trading, see: the series of regulations beginning with the Greenhouse Gas Emissions Trading Scheme Regulations 2003 (SI 2003/3311).

Discharge of substances into the water Review of the requirements of the Draft Directive 13. As per Article 3(b), the Draft Directive requires the criminalisation of the discharge of substances into the water which might cause death/serious injury/damage to the environment when such discharges are also a breach of EU Law. The EU law in question is said to be based upon the following directives (as listed in Annexe II): a. 76/464 (dangerous substances released into aquatic environment) b. 91/271 (urban waste-water treatment) c. 2000/60 (‘the Water Framework Directive’) d. 2006/11 (dangerous substances released into aquatic environment) e. 2006/118 (protection of groundwater)

Review of the content of UK law on these issues 14. The UK has a statutory scheme as to water pollution (which to some degree obviously overlaps with the above-mentioned IPPC scheme). A number of statutes are currently in place, the principal one being the Water Resources Act 1991. This statute provides for a system of offences where persons cause or knowingly permit the pollution of ‘controlled waters’ (s 85 WRA 1991). Under s85(6) the sanctions for such offences are specified as being, on summary conviction, a fine not exceeding £20,000 or imprisonment for a term not exceeding three months or both and, on conviction on indictment, a fine or imprisonment for a term not exceeding two years or both.

15. As to the transposition of the individual directives in UK law, see the following:

6 a. As to Directive 76/464 specifically, see: the series of Regulations beginning with the Surface Waters (Dangerous Substances)(Classification) Regulations 1989; Environmental Protection (Prescribed Processes and Substances) Regulations 1991; and the series of regulations beginning with the Trade Effluents (Prescribed Processes and Substances) Regulations 1989 (SI 1989/1156). b. As to Directive 91/271, see: the series of Regulations beginning with the Urban Waste Water Treatment (England and Wales) Regulations 1994 (SI 1994/2841). c. As to the ‘Water Framework Directive’, see: The Water Environment (Water Framework Directive)(Northumbria River Basin District) Regulations 2003 (SI 2003/3245). The Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (SI 2004/99); The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2003 (NI SI 2003/544); and others. d. As to Directives 2006/11 and 2006/118, I am not sure whether any aspect of this Directive has yet been transposed into UK law directly.

Discharge of substances into the soil Review of the requirements of the Draft Directive 16. As per Article 3(b), the Draft Directive requires the criminalisation of the discharge of substances into the soil which might cause death/serious injury/damage to the environment when such discharges are also a breach of EU Law. The EU law in question is said to be based upon the following directives (as listed in Annexe II): a. 86/278 (re: sewage sludge used in agriculture)

Review of the content of UK law on these issues 17. As to Directive 86/278, see: Sludge (Use in Agriculture) Regulations 1989 (SI 1989/1263) and The Sludge (Use in Agriculture) (Amendment) Regulations 1990 (SI 1990/880). Again one must also have reference to the over-lapping IPPC scheme.

Management of waste Review of the Requirements of the Draft Directive 7 18. As per Article 3(c), the Draft Directive requires the criminalisation of all dealings with waste which could cause death/serious injury or damage to the environment, which is also a breach of EU law. As per Article 3(e), the Draft Directive would furthermore require the criminalisation of any illegal shipment of waste, not covered by the above offence, done for profit which could cause death/serious injury/material damage and is carried out in breach of Regulation 1013/2006. The EU law in question is said to be based upon the following directives (as listed in Annexe II): a. 75/439 (disposal of waste oils) b. 91/689 (hazardous waste) c. 99/31 (landfills) d. 2000/59 (ship-generated waste) e. 2000/76 (the ‘Waste Incineration Directive’) f. 2002/96 (electrical waste) g. 2006/12 (waste from certain industries) h. 2006/66 (battery waste) i. Regulation 1013/2006.

Review of the content of UK law on these issues 19. An extensive statutory frameworks exists as to waste management (which overlaps with the above-mentioned IPPC scheme) including, in particular, provisions from Waste Management Licensing Regulations 1994 and Environmental Protection Act 1990. The scheme prohibits the unauthorised or harmful deposit, storage, treatment or disposal of waste, and provides for a system of waste management licences. The scheme essentially provides controls as to dealings with ‘controlled waste’ and ‘hazardous waste’.

20. As to the licensing scheme, this requires the licensing of all treatment, storage and disposal of ‘controlled waste’. Dealings with ‘controlled waste’ without the relevant licence is a criminal offence (s33 EPA 1990), as is contravening any condition of a licence (s33(6) EPA 1990). As to sentencing, an offence under s33 carries a sentence of, on summary conviction a fine not exceeding £20,000 or imprisonment for a term of not exceeding six months or both and, on conviction on indictment, a fine or a term of imprisonment not exceeding two years (five years in the case of ‘special waste’) or both (s33(8) and (9)). Dealings with ‘hazardous waste’ must be in line with the Hazardous 8 Waste (England and Wales) Regulations 2005 (SI 2005/894), which also makes provision for certain criminal offences in Regs 65 and 68. As to sentencing, for offences specified in Reg 65, the offender will usually be liable to, on summary conviction, to a fine not exceeding level 5 on the standard scale (Reg 69(1)). An offender in the context of Reg 68 (and in some circumstances, Reg 65) will be liable to, on summary conviction, a fine not exceeding the statutory maximum or, on conviction on indictment, to imprisonment for a term not exceeding two years or both (Reg 69(2)).

21. As to the commercial movement of waste, the Environment Protection Act 1990 provides that those who import/carry ‘controlled waste’ are subject to a duty of care under s34; and an offence is committed if they are deemed to have breached that duty (an offender under s34 is liable only to a fine (see s34(6)). More importantly, EU Regulation 1013/2006 has recently been implemented in the form of the Transfrontier Shipment of Waste Regulations 2007 (SI 2007/1711). In particular Regulation 17 makes it an offence to ship waste in contravention of the EU Regulations; and Regulations 19, 20 and 21-45 create supplementary offences. As to sentencing, a person guilty of an offence under these regulations is liable, on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or both and, on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both (Reg 58).

22. Again, this is a topic to which the IPPC will apply. It is also of note that Directives 99/31, 2000/76, 2002/96, 2006/12 and 2006/66 are all relevant directives for the purposes of Schedule 1 PPCA 1999.

23. As to the transposition of the individual directives into UK law, see the following:

a. As to waste oils, see inter alia the Waste Management Licensing Regulations 1994 (SI 1994/1056). b. As to landfills, see: Waste and Emissions Trading Act 2003; series of regulations including Landfill Allowances and Scheme (England) Regulations 2004 (SI 2004/3212); Landfill (England and Wales) Regulations 2002; etc.

9 c. As to ship-generated waste, see: The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 (SI 2003/1809). d. As to incineration, see: the series of regulations beginning with the Waste incineration (England and Wales) Regulations 2002 (2002/2980). e. As to electrical waste, see Waste Electrical and Electronic Equipment Regulations 2006 (SI 2006/3289). f. As to batteries, it should be noted that Directive 2006/66 is a designated directive for the purposes of the IPPC scheme. g. As to Regulation 1013/2006, see the Transfrontier Shipment of Waste Regulations 2007 (SI 2007/1711).

Management of dangerous processes or dangerous substances Requirements of the Draft Directive 24. As per Article 3(d), the Draft Directive would require the criminalisation of the “operation of a plant in which a dangerous activity is carried out or in which dangerous substances or preparations are stored or used and which, outside the plant, cause or is likely to cause death/serious injury/substantial damage to the environment” and which is also a breach of EU environmental law. The EU law in question is said to be based upon the following directives (as listed in Annexe II): a. 76/769 (‘the Dangerous Substances Directive’) b. 79/117 (marketing/use of certain active substances) c. 82/176 (limits on mercury discharges from chlor-alkali industry) d. 83/513 (limits on cadium discharges) e. 84/156 (limits on mercury discharges) f. 86/280 (limits on certain dangerous discharges) g. 92/112 (waste from titanium dioxide industry) h. 96/59 (re: disposal of polychlorinated biphenyls and terphenyls) i. 97/68 (major accident hazards re: dangerous substances) j. 98/8 (biocidal products) k. Regulation 850/2004.

25. Again this is an area where the IPPC scheme would apply.

10 26. As to the transposition of the directives on these particular types of dangerous substance, there are a great number of UK Statutory Instruments dealing with restrictions upon dealings with dangerous substances. For example, see: The Controls on Dangerous Substances and Preparations Regulations 2006 (SI 2006/3311); the series of regulations entitled the Dangerous Substances and Preparations (Safety) Regulations and the Environmental Protection (Controls on Dangerous/Injurious Substances) Regulations. As to Regulation 850/2004, see The Persistent Organic Pollutants Regulations 2007 (SI 2007/3106).

Dealings with Radioactive Substances Requirements of the Draft Directive 27. As per Article 3(f), the Draft Directive would require the criminalisation of the “manufacture, treatment, storage, use, transport, export or import of nuclear materials, other hazardous radioactive substances which causes or is likely to cause” death/serious injury/substantial damage to the environment and which amounts to a breach of EU environmental law. None of the specified Directives in annexe II seem to specifically deal with radioactive matter. One assumes it falls to be dealt with under the IPPC Directive, the waste directives and the dangerous substances directives.

Review of the content of UK law on these issues 28. As there is no specific directive to have regard to, I will sketch the legal position in the UK generally as follows. Again such activity will to a certain extent be covered by the IPPC-scheme. Furthermore, an additional and extensive statutory framework is also in place, involving numerous statutes and statutory instruments, some principal examples being the Radioactive Substances Act 1993; the Transfrontier Shipment of Radioactive Waste Regulations 1993 (SI 1993/3031), Radioactive Material (Road Transport) Act 1991 and the Radioactive Material (road transport) regulations 2002 (SI 2002/1093). A number of these provisions also provide for criminal law sanctions in certain circumstances: for example, s6 Radioactive Material (Road Transport) Act 1991 (see Halsburys Laws 2005, vol 19(2), para 1317 onwards).

Dealings with protected flora and fauna Requirements of the Draft Directive

11 29. As per Article 3(g), the Draft Directive would require the criminalisation of the “possession, taking or trading of or in specimens of protected wild fauna and flora species or parts or derivatives thereof when committed intentionally; and the damaging and killing of specimens of protected wild fauna and flora species, when committed intentionally and for commercial purposes or habitually, except within a permitted professional activity” when such behaviour is also in breach of EU environmental law. The EU law in question is said to be based upon the following directives (as listed in Annexe II): a. 79/409 (wild bird conservation) b. Regulation 348/81 (imports of whales) c. 83/129 (seal skin imports) d. 92/43 (conservation of natural habitats and wild flora and fauna) e. Regulation 338/97 (regulating trade of certain wild flora and fauna)

Review of the content of UK law on these issues 30. The main domestic legislation that would seem to cover such activity would be the Wildlife and Countryside Act 1981. This legislation creates a number of offences as to killing or taking wild birds, certain animals and certain plants. As to sentencing, the majority of these offences specify that an offender will be liable to, on summary conviction, a fine not exceeding level 5 on the standard scale or a term of imprisonment not exceeding six months or both: whereas for the specific s14 offences of introducing new species the penalty on summary conviction is one of a fine not exceeding the statutory maximum or imprisonment not exceeding six months or both and, on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both (s21 WCA 1981). This legislation is supplemented by the Conservation (Natural Habitats, & c) Regulations 1994 (SI 1994/2716). These Regulations are designed to implement Directive 92/43.

31. Note also that Directive 83/129 was transposed in the Import of Seal Skins Regulations 1996 (SI 1996/2686) which made amendments to the Customs and Excise Management Act 1970, and Directive 79/409 was transposed in the Wildlife and Countryside Act 1981 (England and Wales)(Amendment) Regulations 2004 (SI 2004/1487).

12 32. As to the restriction of trade in certain flora and fauna, see the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (SI 1997/1372) and the Control of Trade in Endangered Species (Enforcement)(Amendment) Regulations 2007 (SI 2007/2952).

Deterioration of habitats The Requirements of the Draft Directive 33. As per Article 3(h), the Draft Directive would require the criminalisation of the “significant deterioration of a protected habitat” when that also amounted to a breach of EU environmental law. One assumes that the EU law in this regard are also to be found in Directive 92/43.

Review of the content of UK law on these issues 34. As aforementioned, these provisions are reflected in WCA 1991 and the Conservation (Natural Habitats, & c) Regulations 1994 (SI 1994/2716) with its later amendments.

Dealings with ozone-depleting substances Requirements of the Draft Directive 35. As per Article 3(i), the Draft Directive would require the criminalisation of the “trade in or use of ozone-depleting substances” when it is also a breach of EU environmental law. The EU law in question is said to be based upon Regulation No 2037/2000 (as listed in Annexe II).

Review of the content of UK law on these issues 36. Domestically, two sets of Regulations are in place dealing with such activity: the Environmental Protection (Controls on Ozone Depleting Substances) Regulations 2002 (SI 2002/528) and the Ozone Depleting Substances (Qualifications) Regulations 2006 (SI 2006/1510). Both are designed to give effect to Regulation No 2037/2000. Offences are specified in Reg 11 in the 2002 Regulations and Reg 10 in the 2006 Regulations; all offences are liable to fines as specified in Reg 13 in the 2002 Regulations and Reg 12 in the 2006 Regulations.

Management of Noise Pollution 13 Requirements of the Draft Directive 37. As per Article 3(j), the Draft Directive would require the criminalisation of “the causing of noise which causes or is likely to cause a serious danger for human health” when it is also a breach of EU environmental law. None of directives in the Annexe to the Draft Directive seem to deal with noise pollution specifically. Nevertheless, it is certainly the case that such a framework exists at EU level: see for examples, Directive 70/157 (first regulation of noise emissions from vehicles), Directive 2000/14 (noise emissions from outdoor machinery) and Directive 2002/49 (environmental noise strategy).

Review of the content of UK law on these issues 38. There is in place a domestic statutory framework dealing with the restriction of noise by means of both civil and criminal law provisions. This framework is at present a fragmented one; provisions as to the restriction of noise-pollution are to be found in a number of statutes including Environment Protection Act 1990, Control of Pollution Act 1974 and the Noise Act 1996 [Halsburys 2005, vol 38; para 413 onwards]

39. The essential point is that these statutes rarely create criminal law liability, rather relying upon, for example, statutory nuisance. However, this framework does create a number of criminal offences. For example, under the EPA 1990 (where it is required that noise be prejudicial to health or a nuisance before it can be classified as a statutory nuisance) the local authority is empowered to issue abatement notices; if this notice is contravened an offence is committed (s80(4)) and an offender will be liable, on summary conviction, to a fine not exceeding £20,000 (s80(6)). An offence is similarly committed when a person contravenes a noise reduction notice issued by a local authority (CPA 1974, s66(8)) and when a person contravenes a warning noticed issued under the Noise Act 1996 in respect of noise issuing from a dwelling during certain night-hours (NA 1996 s4(1)). In the latter case, an offender will be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

14 ANNEXE: Review of the Basic Framework of UK Law on the Topics covered in Article 3 of the Directive5 40. Discharge of substances into the air:

o Clean Air Act 1993 o The Crop Residues (Burning) Regulations 1993. SI 1993 No. 1366. o The Air Quality Limit Values Regulations 2003. SSI 2003 No. 428 -- Scotland o The Air Quality Regulations 2000. SSI 2000 No. 97 -- Scotland o The Air Quality Amendment Regulations 2002. SSI 2002 No. 297 -- Scotland

41. Discharge of substances into water:

o Water Resources Act 1991, Chapter 57 o The Water Resources (Abstraction and Impounding) Regulations 2006. Si No. 641 o The Water Resources (Environmental Impact Assessment) Regulations 2003. SI No. 164 -- England and Wales o The Water Resources (Environmental Impact Assessment) (Amendment) Regulations 2006 -- England and Waste o Water Resources, the Control of Pollution (Applicants, Appeals and Registers) Regulations 1996. SI No. 2971 -- England and Wales o Water Resources, the Control of Pollution (Oil Storage) Regulations 2001. SI No. 2954 -- England o Water Act 2003 o Water Industry Act 1991, o The Anti-Pollution Works Regulation 1999, SI No. 1006 o The Groundwater Regulations 1998, SI No. 2746 o The Water Supply (Water Quality) Regulations 2000. SI No. 3184 o The Water Supply (Water Quality) (Amendment) Regulations 2001. SI No. 2885 o The Water Supply (Water Quality) Regulations 2001. SI No. 3911 (W.323) -- Wales o The Protection of Water against Agricultural Nitrate Pollution Regulations 1996. SI No. 888 -- England and Wales o The Protection of Water against Agricultural Nitrate Pollution (Amendment) Regulations 2006. SI No. 1289 -- England and Wales

42. Discharge of substances into the soil:

o Countryside and Rights of Way Act 2000, Chapter 37 o The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991. SI 1991 No. 324 o The Control of Pollution (Silage, Slurry, and Agricultural Fuel Oil) (Amendment) Regulations 1996. SI 1996 No. 2044 o The Sludge (Use in Agriculture) Regulations 1989. SI 1989 No. 1263

5 Largely quoted from http://www.eel.nl/

15 o The Sludge (Use in Agriculture) (Amendment) Regulations 1990. SI 1990 No. 880 o The Action Programme for Nitrate Vulnerable Zones Regulations 1998. SI 1998 No. 1202 -- England and Wales o The Farm Waste Grant (Nitrate Vulnerable Zones) Scheme 2003. SI 2003 No. 562 -- England

43. Management of dangerous processes or dangerous substances:

o Pollution Prevention and Control Act 1999 o The Pollution Prevention and Control Regulations 2000. SI 2000 No. 1973 -- England and Wales o The Pollution Prevention and Control (Amendment) Regulations 2001. SI 2001 No. 503 -- England and Wales o The Pollution Prevention and Control (Amendment) Regulations 2002. SI 2002 No. 275 -- England and Wales o The Pollution Prevention and Control (Amendment) (No.2) Regulations 2002. SI 2002 No. 1702 -- England and Wales o The Pollution Prevention and Control (Amendment) Regulations 2003. SI 2003 No. 1699 -- England and Wales o The Pollution Prevention and Control (Amendment) (No.2) Regulations 2003. SI 2003 No. 3296 -- England and Wales o The Pollution Prevention and Control (Amendment) and Connected Provisions Regulations 2004. SI 2004 No. 3276 -- England and Wales o The Pollution Prevention and Control (Unauthorised Part B Processes) Regulations 2004. SI 2004 No. 434 -- England and Wales o The Pollution Prevention and Control (Amendment) Regulations 2006. SI 2006 No. 2311 -- England o The Pollution Prevention and Control (Public Participation) Regulations 2005. SI 2005 No. 1448 -- England and Wales o The Creosote (Prohibition on Use and Marketing) (No.2) Regulations 2003. SI 2003 No. 1511. o The Creosote (Prohibition on Use and Marketing) (No.2) (Amendment) Regulations 2003. SI 2003 No. 2650. o The Environmental Licenses (Suspension and Revocation) Regulations 1996. SI 1996 No. 508. o The Environmental Protection (Applications, Appeals and Registers) Regulations 1991. SI 1991 No. 507. o The Environmental Protection (Applications, Appeals and Registers) (Amendment) Regulations 1996. SI 1996 No. 667. o The Environmental Protection (Applications, Appeals and Registers) (Amendment No. 2) Regulations 1996. SI 1996 No. 979. o The Environmental Protection (Authorisations Processes) (Determination Periods) Order 1991. SI 1991 No. 513. o The Environmental Protection (Authorisation of Processes) (Determination Periods) (Amendment) Order 1994. SI. 1994 No. 2847 o The Environmental Protection (Controls on Injurious Substances) Regulations 1992. SI 1992 No. 31 o The Environmental Protection (Controls on Injurious Substances) Regulations 1993. SI 1993 No. 1 16 o The Environmental Protection (Controls on Injurious Substances) (No.2) Regulations 1993. SI 1993 No. 1643 o The Environmental Protection (Controls on Injurious Substances) (Amendment) Regulations 2001. SI 2001 No. 3141 o The Environmental Protection (Prescribed Processes and Substances) Regulations 1991. SI 1991 No. 472 o The Environmental Protection (Prescribed Processes and Substances) (Amendment) Regulations 1992. SI 1992 No. 614 o The Environmental Protection (Prescribed Processes and Substances) (Amendment) Regulations 1993. SI 1993 No. 1749 o The Environmental Protection (Prescribed Processes and Substances) (Amendment) (No.2) Regulations 1993. SI 1993 No. 2405 o The Environmental Protection (Prescribed Processes and Substances etc.) (Amendment) Regulations 1994. SI 1994 No. 1271 o The Environmental Protection (Prescribed Processes and Substances etc.) (Amendment) (No.2) Regulations 1994. SI 1994 No. 1329 o The Environmental Protection (Prescribed Processes and Substances etc.) (Amendment) Regulations 1995. SI 1995 No. 3247 o Pesticides Act 1998, Chapter 26 o The Biocidal Products Regulations 2001. SI 2001 No. 880 o The Biocidal Products (Amendment) Regulations 2003. SI 2003 No. 429. o The Biocidal Products (Amendment) Regulations 2005. SI 2005 No. 2451. o The Control of Pesticides (Amendment) Regulations 1997. SI 1997 No. 188. o The Plant Protection Products (Basic Conditions) Regulations 1997. SI 1997 No. 189. o The Plant Protection Products (Amendment) Regulations 2005. SI 2005 No. 3197. o The Plant Protection Products (Amendment) Regulations 2006. SI 2006 No. 1295. o The Plant Protection Products (Amendment No.2) Regulations 2006. SI 2006 No. 2933. o The Plant Health Order 2005. SI 2005 No. 2530. -- England o The Control of Major Accident Hazards Regulations 1999. SI 1999 No. 743. o The Control of Major Accidents Hazards (Amendment) Regulations 2005. SI 2005 No. 1088. o Control of Asbestos Regulations 2006. SI 2006 No. 2739. o The Detergents Regulations 2005. SI 2005 No. 2469. o The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002. SI 2002 No. 1689. o The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2005. SI 2005 No. 2571. o The Environmental Protection (Controls on Dangerous Substances) Regulations 2003. SI 2003 No. 3274. o The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations 2000. SI 2000 No. 1043 -- England and Wales o The Environmental Protection (Disposal of Polychlorinated Biphenyl’s and other Dangerous Substances) (Amendment) Regulations 2000. SI 2000 No. 3359. -- England and Wales o The Planning (Hazardous Substances) Regulations 1992. SI 1992 No. 656.

17 o The Notification of New Substances Regulations 1993. SI 1993 No. 3050. o The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2006. SI 2006 No. 1463.

o The Batteries and Accumulators (Containing Dangerous Substances) Regulations 1994. SI 1994 No. 232. o The Batteries and Accumulators (Containing Dangerous Substances) (Amendment) Regulations 2000. SI 2000 No. 3097. o The Batteries and Accumulators (Containing Dangerous Substances) (Amendment) Regulations 2001. SI 2001 No. 2551.

44. Management of radioactive materials:

o Radioactive Material (Road Transport Act) 1991 – An Act to make new provision with respect to the transport of radioactive material by road; to repeal section 5(2) of the Radioactive Substances Act 1948; and for connected purposes. o Radioactive Substances Act 1993 o The Radioactive Contaminated Land (Enabling Power) Regulations 2005. SI 2005 No. 3467 -- England

45. Waste management and waste shipment:

o The Controlled waste Regulations 1992 (SI 1992 No. 588) o The Controlled Waste (Amendment) Regulations 1993 (SI 1993 No. 566)Hazardous waste o The Controlled Waste (Fixed Penalty Notices) Order 2004. SSI 2004 No. 426 -- Scotland o The Environmental Protection (Duty of Care) Regulations 1991 (SI 1991 No. 2839) o The Environmental Protection (Duty of Care) (Amendment) Regulations 2003 (SI 2003 No. 63) -- England o The List of Wastes Regulations 2005 (SI 2005 No. 895) -- England o The List of Wastes (Amendment) Regulations 2005 (SI 2005 No. 1673) -- England o The Waste Incineration Regulations 2002 (SI 2002 No. 2980) -- England and Wales o The Transfrontier Shipment of Radioactive Waste Regulations 1993 (SI 1993 No. 3031) o The Transfrontier Shipment of Waste Regulations 1994 (Statutory Instrument 1994 No. 1137) o The Transfrontier Shipment of Waste (Amendment) Regulations 2005 (SI 2005 No. 187) o The Litter (Fixed Penalty Notices) Order 2004. SSI 2004 No. 427. -- Scotland o The Waste Management Regulations 1996. SI 1996 No. 634 o The Waste Management Regulations 2006. SI 2006 No. 937 -- England and Wales o The Waste Management Licenses (Consultation and Compensation) Regulations 1999. SI 1999 No. 481 o The Waste Management Licensing Regulations 1994. SI 1994 No. 1056 o The waste Management Licensing (Amendment) Regulations 1995 . SI 1995 No. 288 o The waste Management Licensing (Amendment No. 2) Regulations 1995. SI 1995 No. 1950

18 o The Waste Management Licensing (Amendment) Regulations 1996. SI 1996 No. 1279 o The Waste Management Licensing (Amendment) Regulations 1997. SI 1997 No. 2203) o The Waste Management Licensing (Amendment) Regulations 1998. SI 1998 No. 606 o The Waste Management Licensing (Amendment) Regulations 2002. SI 2002 No. 674 -- England o The Waste Management Licensing (Amendment) Regulations 2003. SI 2003 No. 595 -- England o The Waste Management Licensing (Amendment and Related Provisions) (No. 3) Regulations 2005 . SI 2005 No. 1728 -- England and Wales o The Waste Management Licensing (Amendment) Regulations 2003. SSI 2003 No. 171 -- Scotland o The Waste Management Licensing (Amendment) Regulations 2004. SSI 2004 No. 275 -- Scotland o The Waste Management Licensing (Water Environment) Regulations 2006. SSI 2006 No. 128 – Scotland o The Landfill Regulations 2002. SI 2002 No. 1559 -- England and Wales o The Landfill (Amendment) Regulations 2004 . SI 2004 No. 1375 -- England and Wales o The Landfill (Amendment) Regulations 2005. SI 2005 No. 1640 -- England and Wales o The Landfill Regulations 2003. SSI 2003 No. 235 -- Scotland o The Landfill (Amendment) Regulations 2003. SSI 2003 No. 343. -- Scotland

o The Hazardous Waste Regulations 2005 (SI 2005 No. 894) -- England and Wales o The Waste Electrical and Electronic Equipment Regulations 2006 (SI 2006 No. 3289) o The Waste Electrical and Electronic Equipment (Waste Management Licensing) Regulations 2006 (SI 2006 No. 3315) - England and Wales o The Controlled waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 (SI 1991 No. 1624) o The Controlled Waste (Registration of Carriers and Seizure of Vehicles) (Amendment) Regulations 1998 (SI 1998 No. 605) o The End-of-Life Vehicles Regulations 2003 (SI 2003 No. 2635) o The End-of-Life Vehicles (Producer Responsibility) Regulations 2005 (SI 2005 No. 263) o The End-of-Life Vehicles (Storage and Treatment) Regulations 2003. SSI 2003 No. 593 -- Scotland

46. Protection of protected species and habitats:

o Wildlife and Countryside Act 1981 o Wildlife and Countryside (Amendment) Act 1991 – o The Wildlife and Countryside Act 1981 (Amendment) Regulations 2004. SI 2004 No. 1487. -- England & Wales o The Conservation (Natural habitats & c.) Regulations 1994. SI 1994 No. 2716 o The Conservation (Natural Habitats & c.) (Amendment) Regulations 2000. SI 2000 No. 192 -- England 19 47. Management of ozone-depleting substances

o The Environmental Protection (Controls on Ozone Depleting Substances) Regulations 2002. SI 2002 No. 528. o The Ozone Depleting Substances (Qualifications) Regulations 2006. SI 2006. No. 1510.

48. Limitation of noise pollution:

o Control of Pollution Act 1974 o Environmental Protection Act 1990 o Clean Neighbourhoods and Environment Act 2005. Chapter 16. o Noise Act 1996. Chapter 37. o Noise and Statutory Nuisance Act 1993. Chapter 40. o The Control of Noise (Codes of Practise for Construction and Open Sites) Order 2002. SI 2002 No. 461 -- England o The Environmental Noise Regulations 2006. SI 2006 No. 2238 -- England o The Household Appliances (Noise Emission) Regulations 1990. SI 1990 No. 161. o The Household Appliances (Noise Emission) (Amendment) Regulations 1994. SI 1994 No. 1386. o The Noise Emission in the Environment by Equipment for Use Outdoors Regulations 2001. SI 2001 No. 1701. o The Noise Emission in the Environment by Equipment for Use Outdoors (Amendment) Regulations 2001. SI 2001 No. 3958. o The Noise Emission in the Environment by Equipment for Use Outdoors (Amendment) Regulations 2005. SI 2005 No. 3525. o The Statutory Nuisance (Appeals) Regulations 1995. SI 1995 No. 2644. o The Statutory Nuisance (Appeals) (Amendment) Regulations 2006. SI 2006 No. 771 - - England