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Reviewing an environmental report—checklist

Reviewing an environmental report—checklist Who was the report commissioned for? Your client may not be entitled to rely on the report if it was not commissioned for them. Where the report was prepared for another person, check the terms and conditions of the report or the consultant's appointment to see whether there is an express term: • allowing third parties to rely on the report, or • requiring a collateral warranty or reliance letter to be issued in a pre-agreed form Where there is no express term or pre-agreed collateral warranty, consider seeking: • a bespoke collateral warranty to extend reliance to your client • an assignment of the report to your client • a reliance letter for your client • to have the report readdressed to your client, subject to clear terms and conditions • to rely on the Contracts (Rights of Third Parties) Act 1999, unless its application was excluded in the terms and conditions It is also important to establish who the report was commissioned for as...

View the related practice notes about Statutory nuisance

Contaminated land—interaction with other regimes

Contaminated land'Land contamination' is a general term used to describe any land that may be contaminated in some way. 'Contaminated land', is a specific legal term defined in the Environmental Protection Act 1990, Pt IIA (EPA 1990).See Practice Note: Contaminated land—definition of contaminated land.If a local authority identifies contaminated land it must serve a remediation notice on anyone who caused or knowingly permitted the contaminant(s) to be in on, or under the land. If no such persons can be found, liability may fall on the innocent owner or occupier.The contaminated land regime is strict and retrospective. It was introduced to:•deal with the legacy of contaminated sites in the UK that would not be remediated without regulatory intervention•promote market solutions by encouraging companies to undertake voluntary remediationLiability should only be imposed under Part IIA where there is no better solution for dealing with the contamination, ie it is an option of last resort.See Practice Note: Contaminated land—objectives of the contaminated land regime.Several other regimes also deal with land contamination, including:•environmental damage,...

Waste types and controls—waste incineration

Waste types and controls—waste incineration Environmental Permitting Regime—waste incineration Waste incineration is regulated as part of the environmental permitting regime in the UK, through the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154, Sch 20. EPR 2016, SI 2016/1154 came into force on 1 January 2017. EPR 2016, SI 2016/1154 consolidated and revoked the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675. EPR 2016, SI 2016/1154 is the principal legislation governing the environmental permitting and compliance regime in England and Wales, and applies to various activities and industries. What is waste incineration? The term ‘waste incineration’ is often used synonymously with the terms ‘energy from waste’ (EfW) or ‘waste to energy’ to describe the thermal treatment of waste to generate electricity and heat. This Practice Note also covers the regulation of smaller scale waste incineration activities for the disposal of waste, such as bonfires. A range of technologies can be used to recover energy from waste, including pyrolysis, gasification and plasma processes. These...

View the related precedents about Statutory nuisance

Abatement notice for a statutory nuisance made under the section 80 of the Environmental Protection Act 1990

Abatement notice for a statutory nuisance made under the section 80 of the Environmental Protection Act 1990 [name] [District] [Borough] [City] Council ABATEMENT NOTICE made under section 80 of the Environmental Protection Act 1990 To: [name] of [address] Take notice that 1 The [name] [District] [Borough] [City] Council (the Council) is satisfied that a statutory nuisance [exists OR is likely to [occur OR recur] ] under section 79(1) [specify which subsection] of the Environmental Protection Act 1990 (EPA 1990) from [the premises at] [specify the address of the source of the nuisance] arising from [describe the matters which are causing the nuisance]. 2 This abatement notice is served on you because you are [the person responsible for the statutory nuisance OR [the owner OR the occupier of] the premises]. What you are required to do 3 [You are required to abate the nuisance [forthwith OR within [specify hours, days, weeks] from the service of this Notice] [and] ] [You are required...

Notice of appeal pursuant to section 80(3) of the Environmental Protection Act 1990 against an abatement notice for a statutory nuisance

Notice of appeal pursuant to section 80(3) of the Environmental Protection Act 1990 against an abatement notice for a statutory nuisance [name, address and telephone number] To: The Clerk to the Justices, [name] Magistrates’ Court [date] Notice of Appeal against an abatement notice, pursuant to section 80(3) of the Environmental Protection Act 1990 1 [I OR We] of [address] give you notice under section 80(3) of the Environmental Protection Act 1990 that [I am OR we are] appealing against the statutory nuisance abatement notice served on [me OR us] on [date] by the [name of local authority] (the Council). 2 The abatement notice was served in respect of [premises known as [address, etc] OR [give details of the vehicle, machinery or equipment concerned]]. The notice required the [abatement OR prohibited the occurrence OR recurrence] of the alleged statutory nuisance pursuant to section 80 of the Environmental Protection Act 1990. 3 The grounds of [my OR our] appeal are as follows: 3.1...

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How should a complaint against an abatement notice under section 51 of the Magistrates’ Court Act 1980 (MCA 1980) be made and what is the impact of non-payment of the court fee payable? What are the permitted methods laying a complaint under MCA 1980, s 51 to a magistrates' court?

How should a complaint against an abatement notice under section 51 of the Magistrates’ Court Act 1980 (MCA 1980) be made and what is the impact of non-payment of the court fee payable? What are the permitted methods laying a complaint under MCA 1980, s 51 to a magistrates' court? Laying a complaint in the magistrates’ court Certain proceedings before a magistrates’ court must be begun by the laying of a complaint under section 51 of the Magistrates’ Courts Act 1980 (MCA 1980). An appeal against an abatement notice is one such example. The procedure for laying a complaint comes under the magistrates’ courts civil jurisdiction as opposed to its criminal jurisdiction. The distinction between an information and a complaint is that an information is laid where the person charged has committed, or is alleged to have committed, an offence for which they may be punished, while a complaint is made where the person in regard to whom it is made is liable, or alleged to...

When can a tenant be liable for contaminated land?

When can a tenant be liable for contaminated land? STOP PRESS: The Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154 come into force on 1 January 2017. The regulations consolidate all of the amendments to the Environmental Permitting (England and Wales) Regulations 2010, SI 2010/675 rather than making any substantive policy changes. We will be updating our content to reflect these changes as soon as possible. Contaminated land regime The contaminated land regime contained in the Environmental Protection Act 1990, Part IIA ( EPA 1990, Pt IIA) places a statutory duty on local authorities to identify 'contaminated land' in their area and to secure remediation. If a site is investigated or designated as contaminated land, the local authority will look first for any Class A 'causers' or 'knowing permitters'. If no Class A persons can be found, the current Class B owner or occupier may be liable. See Practice Note: Contaminated land—who may be liable? Tenant legally excluded as Class B occupier paying a rack rent...

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Environment weekly highlights—14 November 2024

This week's edition of Environment weekly highlights includes: analysis on the aims and expectations of the 29th Conference of the Parties of the United Nations Framework Convention on Climate Change (COP29), the climate change and human rights challenge to the adequacy of the government’s 3rd national adaptation programme including alleged breaches of individual equality rights and human rights (R (on the application of Friends of the Earth Ltd and others) v Secretary of State for Environment, Food and Rural Affairs), the decision to overturn the landmark ruling that ordered Shell to reduce its carbon emissions, publication of Finance Bill 2025, and simplification of EU due-diligence reporting with an ‘omnibus’ regulation. It also covers the UK government’s announcement of new climate change goals at COP29, including a commitment to reduce emissions by 81% by 2035 compared to 1990 levels, and detailed coverage of COP29 developments. In addition this week the Ministry of Housing, Communities and Local Government (MHCLG) has announced of an additional £47m funding commitment to the Local Nutrient Mitigation...

Corporate Crime weekly highlights—14 November 2024

This week's edition of Corporate Crime weekly highlights includes analysis of what lessons companies can learn following the release of the UK government’s guidance on the new failure to prevent fraud offence, of the FCA’s announcement that it has improved its process for disclosing evidence to individuals and companies under investigation and of the costs incurred by the SFO during its long running battle with ENRC. Also included is news of the new Crown Court Rules which will take effect on 2 December 2024, of Metro Bank receiving a multimillion-pound fine for insufficient money-laundering controls and of the new consultation launched by the Home Office proposing measures to hold senior executives of online platforms personally liable for failing to remove content related to illegal knives. All this, and more, in this week’s Corporate Crime highlights.