환경법
오염 통제, 기후 의무, 계획법 및 자연 보전.
소개
Environmental law in England & Wales encompasses the regulation of pollution, waste, water, air quality, land use, nature conservation, and climate change. It draws on domestic statute, retained EU law, and international treaties. Key regulatory bodies include the Environment Agency, Natural England, and local authorities. The Climate Change Act 2008 imposes legally binding emissions reduction targets, while the Environment Act 2021 introduced new governance through the Office for Environmental Protection.
핵심 원칙
Polluter Pays Principle — The person or entity responsible for pollution should bear the costs of managing it and remedying environmental damage.
Environmental Permitting — Industrial activities, waste operations, and water discharges require environmental permits under the Environmental Permitting (England and Wales) Regulations 2016.
Environmental Impact Assessment (EIA) — Certain development projects require an EIA before planning permission can be granted, assessing the likely significant effects on the environment.
Statutory Nuisance — Local authorities have a duty to investigate complaints of statutory nuisance (noise, smell, dust, etc.) under Part III of the Environmental Protection Act 1990 and to serve abatement notices.
Climate Change Duties — The Climate Change Act 2008 sets a legally binding target to reduce UK greenhouse gas emissions to net zero by 2050. Carbon budgets are set every 5 years.
Nature Conservation — The Wildlife and Countryside Act 1981, the Conservation of Habitats and Species Regulations 2017, and the Environment Act 2021 protect species, habitats, and biodiversity.
Contaminated Land — Part IIA of the Environmental Protection Act 1990 provides a regime for identifying and remediating contaminated land.
Water Resources — The Water Resources Act 1991 regulates water abstraction, pollution of controlled waters, and flood risk management.
핵심 법령
Environmental Protection Act 1990
Climate Change Act 2008
Environment Act 2021
Wildlife and Countryside Act 1981
Water Resources Act 1991
주요 판례
Cambridge Water Co v Eastern Counties Leather
[1994] 2 AC 264
R (Spurrier) v Secretary of State for Transport
[2020] EWCA Civ 214
Rylands v Fletcher
[1868] UKHL 1
일반적인 시나리오
Factory discharging pollutants into a river
Discharging polluting matter into controlled waters without a permit is a criminal offence under the Environmental Permitting Regulations 2016. The Environment Agency can prosecute, and penalties include unlimited fines and up to 5 years' imprisonment.
Neighbour's bonfire causing persistent smoke
Persistent smoke from a bonfire may constitute a statutory nuisance under the Environmental Protection Act 1990, Part III. The local authority can serve an abatement notice. Breach is a criminal offence. The affected person can also bring proceedings in the magistrates' court under s.82.
Challenging a planning decision on environmental grounds
If an EIA was required but not conducted, or if the assessment was inadequate, the planning decision can be challenged by judicial review. Environmental organisations may also have standing to bring challenges.