Assignment 05

Assignment No.
05
 Name: Muhammad Ammar
 Student No: 46758
 Course Registered:
Advanced Diploma in
Environmental Management Level
5. (ADEM-L5)
Page 2 of 7

 Registration No. 46758
 Course Title: ADEM-L5
Question No.1:
Answer: Environmental Regulatory Framework in UK:
Department of environment, food and rural affairs is the main responsible authority
for developing environmental legislations and policy in England. The principal focus
of this body is on the Environmental Permitting Regime (EPR), combining the
pollution prevention and control (PPC) regime and waste management licensing and
industrial emissions Water, Waste, Contaminated land, Conservation of nature,
wildlife and habitats Environmental impact assessments (EIAs)
The Environmental liability can arise under:
 Criminal law
Generally, punishment for breaking environmental laws leads to prosecution. The

maximum penalties include: Lower courts include £50,000 (about $72,000 in USD)
and/or 12 months' imprisonment. Unlimited fines for offences committed after 12
March 2015. Higher courts include unlimited fines and/or five years' imprisonment.
Company directors and officers can be prosecuted if the crime was committed with
their consent or knowledge, or if it was allowed to happen due to their neglect. The
Legal Aid, Sentencing and Punishment of Offenders Act of 2012 states that
whenever the punishment for a crime might amount to a fine of £5,000 or more,
judges can now assign a fine of any amount.
In July 2014, the Independent Sentencing Council issued guidelines for sentencing
those found guilty of environmental crimes. The guidelines introduce a 12-step
sentencing process which is intended to help clarify and correct any inconsistencies
in sentencing and ensure that the punishments fit the crimes. In particular, “starting
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points” for sentences will distinguish between micro companies (annual turnover up
to £2 million) and Large companies (annual turnover of £50 million and over).
 Civil Law:
Private individuals can bring civil law claims for harm caused by environmental
matters, usually under the common law of nuisance or negligence. Claims are
usually for damages, but the courts can also grant injunctions.
 Public or Administrative Law:
Regulators can serve enforcement notices on operators. These notices essentially

require the operators to repair whatever damage they have done as a result of
breaking an environmental law. Failure to do so is a crime. In some cases, regulators
can shut down operations until the operator fulfils the obligations listed in the notice.
Third parties, including non-governmental organizations (NGOs), can challenge the

validity of a public authority's decision through a judicial review. They have the right
to request that regulators take action if there is either environmental damage or an
imminent threat of environmental damage.
 Company Law:
Company law requires directors to promote the company's success for the benefit of
its members as a whole, taking into account the effect of the company's operations
on the community and the environment. Should a director fail to do this, company
shareholders may be able to legally retaliate, even if the director’s failure to obey this
law has not benefited him/her
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Question No.2
Answer: Explanation Environmental Permitting Regime (EPR)
 Background of ERP:
 This is an integrated environmental permitting regime (EPR) which came into
force on 6 April 2008. The EPR automatically converted the previous PPC
permits and waste management licenses into Environmental Permits. Exactly two
years later, water discharge activities, groundwater discharge activities, and
radioactive substances registration and authorization were also brought under the
EPR, and existing consents were automatically converted. In 2013, the EPR was
amended to implement Directive 2010/75/EU on industrial emissions. This
directive combined a number of earlier EU directives and requirements into one.
Two years later, the 2015 EP Amendment Regulations (SI 2015/918) amended
the EPR again, transferring in requirements that originally came under the 2012
Energy Efficiency Directive.
 The Key Activities
Schedule 1 EPR listings include a wide range of power generation activities, as
well as installations covered by the Integrated Pollution Prevention and Control
legislations of the IED) Waste operations, including mining waste and small
waste incineration plants Mobile Plants Water Discharge Radioactive substances
activities Groundwater activities and Emission activities.
The activities are regulated to different degrees. The activities that create more
pollution, known as Part A (1) and Part A (2) installations, are regulated in terms
of their total emissions and energy efficiency. Part B installations — that is,
activities which generate less pollution —are regulated only in terms of their air
emissions.
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i. Water discharge activities and groundwater discharge activities:

These are permitted through the EPR. A water discharge activity covers a
number of activities, including discharge or entry into inland waters, freshwaters,
coastal waters or territorial waters of any poisonous or polluting matter, waste
matter, trade waste, or sewage waste. A groundwater discharge activity includes
the discharge of a substance that can directly or indirectly lead to pollution of
groundwater. Participating in these activities without an environmental permit is
prohibited. Penalties can be issued by regulators under the EPR or requested
under the Environmental Damage Regulations in England.
ii. Air Pollution Emissions
Various forms of gases like Sulphur dioxide, nitrogen oxides and particulate
matter from large combustion plants (over 50 megawatts) are regulated by the
EPR and EU Directives related to air pollution. Additionally, certain energy and
metal ore activities fall under the EU emissions trading scheme and require a
greenhouse gas permit.
iii. Waste:
Waste management activities are regulated under the EPR. The regulator is
always the Environment Agency (EA) or Natural Resources Wales (NRW), even
when the waste operation is a Part A (2) or Part B installation. The EA or NRW
can add conditions to environmental permits involving waste activities related to a
site’s operation, management and restoration. Large landfills, waste incinerators
and waste recovery installations are regulated by the IPPC sector of the EPR
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Question No. 3
Answer: Regulations for Cleaning the Contaminated Land:
 . Part IIA of the Environmental Protection Act 1990

This act aims to ensure that contaminated land which poses an unacceptable
level of threat or risk to humans or the environment is both identified and dealt
with. The Environmental Department Regulations (EDR) also focus on the
prevention and reduction of environmental damage. The ED Regulations,
however, only apply to very serious cases. In 2015, they were extended to cover
marine waters through the Offshore Safety Directive.
 Principal Enforcement Authority
It is the relevant local authority. However, certain types of sites or offences are
regulated by the Environment Agency (EA)/Natural Resources Wales (NRW). In
addition, Natural England (which is an organization responsible to the Secretary
of State for Environment, Food and Rural Affairs) also has enforcement powers.
The EA, Marine Management Organization and the secretary of state are
responsible for English marine waters. The enforcing authority responsible for
dealing with environmental damage to Welsh marine waters is the Welsh
Ministry.
 Under the Part IIA regime,
This section reveal shows contaminated land is land that has either been
significantly damaged or is at high risk of suffering significant damage. Harm is
assessed by reference to the land's current use. The mere presence of
contaminants on a site does not necessarily mean that it will be recognized as
contaminated land. Land also qualifies as contaminated if contaminants present
on the land are causing or are likely to cause significant water pollution.
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Local authorities must respect their boundaries when identifying contaminated

land. They, along with the EA/NRW, must keep public registers of such land. If
contaminated land is found, a remediation notice must be served to the
appropriate persons. This notice will require the recipients to take action to
reduce or eliminate contaminants and repair the damage caused by them.
 Environmental Department Regulations,
These are used for land contamination, remediation requires the removal or
control of contaminants so that risks are reduced to acceptable levels, and/or the
taking of reasonable measures to remedy harm or pollution that has been caused
by significant contamination. Failure to comply with a remediation notice without a
reasonable excuse is a criminal offence punishable by a fine. The regulator can
carry out the remediation itself and recover the costs from the relevant parties.
 DEFRA published Statutory Guidance:
Department for environment food and rural affairs DEFRA England started work
for dealing with contaminated land (especially of the radioactive variety) in 2012.
The Welsh government published a similar Statutory Guidance later that year.
Student Signature Muhammad Ammar Date 24-09-2022
For Tutor Use Only

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Assignment No.

 Name: Muhammad Ammar

Answer: Environmental Regulatory Framework in UK:

The Environmental liability can arise under:

Generally, punishment for breaking environmental laws leads to prosecution. The

 Name: Muhammad Ammar

 Public or Administrative Law:

Regulators can serve enforcement notices on operators. These notices essentially

Third parties, including non-governmental organizations (NGOs), can challenge the

 Name: Muhammad Ammar

Answer: Explanation Environmental Permitting Regime (EPR)

 Name: Muhammad Ammar

i. Water discharge activities and groundwater discharge activities:

 Name: Muhammad Ammar

Answer: Regulations for Cleaning the Contaminated Land:

 . Part IIA of the Environmental Protection Act 1990

 Name: Muhammad Ammar

Local authorities must respect their boundaries when identifying contaminated

Student Signature Muhammad Ammar Date 24-09-2022

For Tutor Use Only

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