The UK environment has no legal personality, is under multiple ownership i.e. “cujus est solum ejus est usque ad coelum et ad infernos” and in order to sustain or improve it and provide a quality of life for future generations, policies and laws to curtail, prevent or control pollution or harm, conserve resources are needed.
Prior to the Stockholm Conference concern was more with the negative effects on human health of polluted water, air and land and lands use, rather than negative effects to the environment. The UK’s first attempt at environmental departmental co-ordination and environmental legislation was the Department of the Environment. This evolved into the Department for the Environment, Food and Rural Affairs and is now responsible for Environmental Policy Instruments.
‘This Common Inheritance’ identified the challenge of integrating economic development and environmental protection. The Environmental Protection Act (EPA) and Environment Act (EA) consolidated many previous environmental policies and legislation, and rather than relying on voluntary self-regulation introduced the direct, or command and control, regulatory regimes of Integrated Pollution Control. Under the Environmental Agency’s responsibility and aims Integrated Pollution Prevention and Controls and Environmental Permitting are used, in addition to discharge or emission limiting regulations, to deliver SD by ensuring public access to documents, such as permit applications and decisions as well as setting standards for products and processes. ‘A Better Quality of Life’ identified integrating environmental protection with both economic and social development and was echoed in the Johannesburg SD approach which included social development and the eradication of poverty and social injustice.
UK environmental protection utilises three policy and law groups to protect against and avoid environmental damage. These are (1) assigning liability for pollution and environmental damage, “the Polluter Pays Principle”; (2) preventing or reducing pollution, “the Precautionary Principle” and (3) those that focus on the relationship between the need for socio-economic development and environmental management, i.e. SD and eco-management. The eco-management integrated approach places human needs alongside environmental ones, differing from SD as it recognises “man” as part of the environment and is not about competition between the demands of economic development and the environment, but seeks a natural equilibrium.
The EA extended environmental protection and identified SD by requiring balancing and integrating the interests and concerns of both environment and economy. However, UK environmental legislation emphasises developmental concerns rather than environmental protection and prevents the Environment Agency from prioritising environmental protection, by using Best Practical Means, or Best Available Techniques (not entailing excessive costs), to reduce the impact of environmental damage. The Environment Agency does not have total pollution controls as Local Authorities and other agencies have control over some areas, or have overlapping powers.
Events, Court judgments, International Conferences, soft laws, reports, pressure groups, public participation and industry have developed UK policies which integrate socio-economic development and environmental protection. However, 80% is derived from EC legislation. The ‘EU Sustainable Development Strategy’ sets out the complementary relationship between sustainable development as a principal objective of EU policy and the Lisbon Strategy for growth and jobs. ‘Securing the Future’ identified “quality of life” as main component of SD and the correlation between it and poverty and air quality. Sustainable consumption, production and communities, climate change and natural resources protection as priorities were recognised as priorities.
To achieve practical SD, when confronted with contradictory and competing interests, trade-offs may be required by taking into account each interests importance ie how efficiently we use resource energy and materials v labour productivity and environmental impact.
Legislative instruments have been passed to implement Government Sustainable Development policies in addition to the EPA and EA. Though mainly drafted for separate defined areas to control one problem, ie water, air, land, waste, energy, conservation and statutory nuisance, they are now part of laws covering, and sometimes cutting-across, various activities. By ensuring exploiting resources does not lead to unacceptable environmental degradation, promoting cleaner and more efficient machinery, eco-friendly consumer products, re-cycling and waste recovery these have gone some way to address the ways the use of natural resources may have adverse environmental impact, threaten eco-systems or quality of human life, therefore reducing environmental quality and obstruct SD.
Some UK environmental instruments have been shelved to comply with higher EC standards and legislation. While these instruments may be more flexible than command and control mechanisms, are environmentally beneficial and cost effective as reducing enforcement and monitoring, they could affect industrial competitiveness and conflict with other policies, therefore less effective.
Whilst SD recognises that if man is to benefit from a quality of life encompassing socio-economic development and environmental protection “…[he] needs to be part of nature and not an outside force destined to dominate and control it as…if he wins then he may be on the losing side” it is contradictory.
Many natural resources are finite and SD not necessarily benefits everyone, may restrict personal freedoms so possibly contrary to social development and also challenge the “dead-hand” control of future generations and the Rule Against Perpetuities principles. Choosing resources which may be valuable now, might be valueless to future generations, and the concept of need is different to different people, eg recreational v planted fields.
The relationship between economic growth and water quality indicators shows that economic growth does not always contribute to environmental degradation. Economic growth may provide extra money for improving or maintaining environmental quality ensuring sustainability and reinforcement of social unity. Social policies can stabilise economic functions by helping people to be environmentally responsible. Environmental policies for waste management, conservation and pollution control help preserve natural resources and enhance the quality of life. Environmental legislation, as not always scientifically based, does not necessarily benefit everyone; compliance increases costs and enforcement and implementation can be inconsistent.
Even though regulation gives everyone from producers downwards less maneuverability, SD can probably reconcile the conflicting objectives of socio-economic development and environmental protection in the short-term, if in this current economic climate wealthy nations are willing to.However, long-term this may prove more difficult. Unless present generations accept what they may consider as a lower standard of living, it may be impossible to conserve or improve the environment, harmonise free-trade as hoped for or, in the UK, achieve the four objectives of social progress, prudent use of natural resources, maintenance of high and stable levels of economic growth and employment and effective environmental protection.
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Principle 21 Stockholm Declaration 1972
R Fowke and D Prasad, 'Sustainable Development, Cities and Local Government' 33 Australian Planner (1996 ) 61
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United Nations Conference on the Human Environment, Stockholm 1972
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Unleaded Petrol Differential 1987; Fuel Duty Escalator 1993; VAT on domestic fuel 1993; Landfill Tax Regulations 1996 (SI 1996/1527)
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Art 2(1) Directive 2004/35/EC
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St Helens Smelting Co v Tipping [1856] 11HL Case 642;Cambridge Water Co v Eastern Countries Leather plc [1994] 2 AC 264; Marcic v Thames Water Utilities [2003] UKHL 66;
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s1(2) Environment Protection Act 1990; s56(1) Environment Act 1995; Environmental Information Regulations 2004 SI 2004/3391; Art 2(1) Directive 2003/4/EC
DoE Para 6.1.7 ‘Framework for Contaminated Land’ 1994 HMSO
Blackstone 2 Commentaries 18
s1(3) Environment Protection Act 1990
Sherburn Sand Co Ltd v 1st Secretary of State and Durham County Council [2004] EWCH 1314 (Admin)
1273 Sea Coal Burning Prohibition; Alkali Acts 1863 and 1868; River Pollution Act 1876; Public Health Act 1875;
Deposit of Poisonous Wastes Act 1972
Town and Country Planning Act 1947 as amended
1970 consolidating Housing and Local Government, Transport and Public Buildings and Works
Control of Pollution Act 1974
Britain’s Environmental Strategy 1990
s4(3) Environment Act 1995
s4 Ibid; DoE, ‘Guidance to the Environment Agency on its objectives, including the contribution it is to make towards the achievement of sustainable development’ (1995)
Environmental Permitting Regulations (England and Wales) 2007 SI 2007/3538 implementing Directive 96/61/EC
DETR, ‘A Better Quality of Life- A Strategy for Sustainable Development for the UK’ (1999) Cm 4345
Goal 7 Targets 1-4 Millennium Declaration; United Nations Millennium Summit 2000
Art 2 Framework Convention on Climate Change 1992; s1 Pollution Prevention and Control Act 1999; Dennis v Ministry of Defence [2003] EWCH 793
Organisation for Economic Co-Operation and Development 1972; Principle 16 Rio Declaration , United Nations Conference on the Environment and Development 1992; Art 74/2EC; Directive on Environmental Liability with Regard to the Prevention and Remedying of Environmental Damage 2004/35/EC; Environmental Damage(Prevention and Remediation) Regulations 2009 (SI 2009/153)
R (AMVAC Chemical UK Ltd) v The Secretary of State for Environment, Food and Rural Affairsand others [2001] EWHC 1011 (Admin)
Principle 15 Rio Declaration 1992; para 35 Agenda 21 1992;
Agenda 21,United Nations Earth Summit, Rio de Janeiro 1992 ; DETRA ‘Sustainable Development, the UK Strategy’ (1994) Cm2426 revised 1999, ‘A Better Quality of Life: a strategy for sustainable development in the UK’ (1999) ISBN 0-10-143452-9
s5(1) Health and Safety at Work Act 1974
Part 1 Environmental Protection Act 1990
Planning, contaminated land unless “special sites” s78c Environmental Protection Act 1990 and conservation
National Rivers Authority; English Heritage; Health and Safety Executive; Nuclear Installations Inspectorate
Environmental Disasters Bhopal, Chernobyl
Fairlie v Secretary of State for the Environment and South Somerset District Council [1997] EWCA Civ 1677
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Agenda 21 1992; International Declarations and Agreeements
Brundtland Report 1989; Carson R , Silent Spring (1962)
Friends of the Earth, Campaign for Rural England, Ramblers Association, United Kingdom Environmental Law Association
Principle 10 Rio Declaration 1992; United Nations Convention on Access to Information , Public Participation in Decision Making and Access to Justice in Environmental Matters 1998 (Aarhus Convention 1998); Environmental Information Regulations 2004 SI 2004/3391
Environmental and Technical Regulation Directorate
HMSO ‘This Common Inheritance’ (1990) Cm 1200 revised 1999 ‘A Better Quality of Life’ DETRA ISBN 0-10-143452-9; HMSO ‘’ (2005) Cm 6467
Framework Directives ie Water Framework Directive 2000/60/EC; EU's Sixth Environment Action Programme [2002] OJ L 242/1; Waste Electrical and Electronic Equipment Directive 2003/108/EC; Waste Framework Directive and the daughter End of Life Vehicles Directive
DEFRA ‘Securing the Future: Delivering UK Sustainable Development Strategy’ (2005) Cm 6467
The Greenhouse Gas Emissions Trading Scheme Regulations 2005 SI 2005/925 as amended 2007 (SI 2007/465)
Royal Commission on Environmental Pollution, ‘Setting Environmental Standards’ (21st Report 1998) Cm 4053
Local Government Planning Act; Planning and Compulsory Purchase Act 2004
Water Resources Act 1991;
Towns Improvement Clauses Act 1847; Clean Air Act 1993; Climate Change Act 2008;
Contaminated Land (England) Regulations 2006 (SI 2006/1380); Countryside and Rights of Way Act 2000; Environmental Damage (Prevention and Remediation) Regulations 2009 (SI 2009/2954)
Environmental Protection (Duty of Care) Regulations 1991 (SI 1991/2839); End of Life Vehicles Regulations 2003 (SI 2003/2635) as amended;; Clean Neighbourhoods and Environment Act 2005; Waste Electrical and Electronic Equipment Regulations 2006 (SI 2006/2389); Environmental Permitting (England and Wales) Regulations 2007 (SI 2007/3538); Environmental Damage (Prevention and Remediation) Regulations 2009 (SI 2009/2954)
Buildings Regulations 2000 (SI 2000/2531); Energy Information and Energy Efficiency (Miscellaneous Amendments) Regulations 2001(SI 2001/3142); Eco Design for Energy-using Products Regulations 2007 (SI 2007/2037)
Wildlife and Countryside Act 1981; Conservation (Natural Habitats etc) Regulations 1994 (SI 1994/2716);Countryside and Rights of Way Act 2000; Natural Environment and Rural Communities Act 2006
Household Appliances (Noise Emission) Regulations 1990 (SI 1990/161) as amended; Noise Emission in the Environment by Equipment for Use Outdoors Regulations 2001 (SI 2001/1701) as amended; Anti-social Behaviour Act 2003; Clean Neighbourhoods and Environment Act 2005;
; ; Countryside and Rights of Way Act 2000; Nitrate Pollution Prevention Regulations 2008 (SI 2008/2349); ;
Eco Design for Energy-using Products Regulations 2007 (SI 2007/2037); Energy Information and Energy Efficiency (Miscellaneous Amendments) Regulations 2001 (SI 2001/3142)
Landfill Tax Regulations 1996 (SI 1996/1527); Climate Change Levy (General) Regulations 2001 (SI 2001/838); UK Emission Trading Schemes
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Article XX The General Agreement on Tariffs and Trade (GATT) 1947