• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

The Polluter Pays Principle

Extracts from this document...

Introduction

The Polluter Pays Principle implies that persons who are responsible for pollution are made to pay the cost of the measures necessary to avoid or reduce it. Such a principle was generated from the principles of the civil code, i.e. any damages arising from the act/omission of the individual will be liable for environmental damages. Instead of leaving it wide as the civil law does, environmental law, specifies that it is the polluting party and not only who is negligent who has to bear the financial and any other liability. The regulations under the Environment Protection Act (EPA)1 include punishments2 for who degrades the environment. In legal terms who is the polluter? Part 1 Article 2 of the EPA defines the term pollution and since no definition of polluter is established in the Act, such offender can be described as who degrades or pollutes the environment in some way or another as established in article 2 of the EPA. Pollution means the direct or indirect (such as slurry of pigs from a pig farm) introduction by man (only anthropocentric activities are liable to damages - because conversely one can have pollution by animals such as methane from cattle) into the environment of substances, organism, (such as the introduction of an alien specie, which can have a damage effect because it can effect natural flora), genetic material (what is in the nucleus not only chromosomes) ...read more.

Middle

the producer bears the liability. In law you have joined responsibility. Therefore the sole responsibility does not only fall on the producer, because the consumer has a choice, that of choosing from non polluting products. However the EPA establishes producer liability, particularly vis-�-vis waste products. Since this act embodies rules on threshold levies of waste6 and quotas7 to cite some examples, it is implicit that who is to breach such provisions and who is to pollute in such cases is the producer. The EPA by taking a broad definition of the word pollution8 and by covering all forms of pollution9 and by establishing that any person who acts in contravention of this act 10 (which tends to signify that by such a contravention harm would be done to the environment) does not allow the degrader of the environment to escape any legal responsibility cioe' liability due to the fact that all types of pollution are sanctioned together with any type of environmental damage. Besides criminal and civil offences the EPA provides for an action for environmental damages. (This means when damages to the environment per se occur and such damages cannot be quantified into money terms). To cite an example the pollution of the spring gives rise to civil damages. In consequence the spring pollution will make a type of specie die. ...read more.

Conclusion

15 However one is to note that the polluter pays principle is not directly enforceable in any court as is explicitly declared in the EPA 16, however such a principle together with others is fundamental and has to be used in the interpretation of the act and any other environmental law. There is no doubt that, as it has been observed from the EPA legal provisions, the polluter is to face heavy fines and may as well face imprisonment. It is quite easy to pollute the sea or destroy a valley. In the case of marine pollution, cleaning is almost always costlier than the imposed fines and building a new valley is impossible. That's why in all things, environmental prevention is always better than cure. 1 Chapter 435 of the Laws of Malta 2 EPA, Article 9(2)(n) 3 EPA, Article 9(2)(n) 4 EPA, Article 9(2)(a) 5 EPA, Article 9(2)(b) 6 EPA, Article 7(b) (v) 7 EPA, Article 9 (2) (j) 8 EPA, Article Part 1 Article 2 9 EPA, Article 4 (h) 10 EPA, Article 9 (2) (n) 11 EPA, Article 24 (2) 12 EPA, Article 26 13 EPA, Article 19 (3) 14 EPA, Article 25 (1)(e) 15 EPA, Article 4 (b) 16 EPA, Article 5 University of Malta Aloysius Bianchi 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Environmental Management section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Environmental Management essays

  1. The causes of desertificationDesertification is the degradation of drylands. It involves the loss of ...

    Drought and land degradation often help to trigger a crisis, which is then made worse by poor food distribution and the inability to buy what is available. Desertification has enormous social costs. There is now increased awareness of the relationship between desertification, movements of people, and conflicts.

  2. Hinduism and the environment

    Science is based on fact rather than belief so to Hindus protecting the environment is natural yet scientists are now protecting the environment as they can see what they are doing and the consequences are dangerous so they are doing this to protect themselves where as most Hindu's are environment

  1. A report concerning new business development in the local area, which is the Paddington ...

    The developers also aim to, where possible, reduce, re-use and recycle waste and ensure that all waste is disposed of responsibly. Additionally, they continually reduce water consumption and, where it's viable - recycle water. Furthermore, the developers avoid the use of hard woods and other materials that derive from, or impact on, sensitive and non-sustainable ecological resources.

  2. What a manager does and how it is done.

    Their jobs may have to be redesigned. New company strategies, which may involve the change in management practices, enterprise agreements and industrial relations, will create a vast variety of needs for change. So will the attitudes of the workers. In fact employee attitudes can create the need for new company

  1. Underlying Causes of Deforestation and Forest Degradation in Kenya

    A small percentage (about 25%) did this while others went deeper into the forest. In 1992 the government forcefully evicted all the forest dwellers that were still inside the forest and concentrated them at the forest stations and promised to allocate them land.

  2. FOREIGN OBJECT DAMAGE (FOD) PREVENTION AND MANAGEMENT IN THE DEPLOYED ENVIRONMENT

    If this is one of the more advanced airports, how can FOD be prevented in this type of environment? Multi-million dollar C-17 cargo aircrafts are transiting through these airfields daily. Although this is not strictly related to military operations, the National Aerospace FOD Prevention, Inc.

  1. Mankind's Effect upon the Environment.

    Potentially there are two giant problems with burning fossil fuels. The first is obviously that there are great masses of pollution and the second is that fossil fuels are a non-renewable source, so when they are all used up we will never be able to extract any ever again.

  2. Effluent charges the best way for the American government

    In the 17th century, French philosopher Ren� Descartes stated our dominance over the mechanical nature, Isaac Newton's natural laws were applied on the received wisdom of the world, and in the 19th century influential German politician Karl Marx among other things alienated man from nature.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work