As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
Part I of the Act defines pollution as the release of a substance into any environmental medium, such as air, water, or land, as a result of any process that may cause harm to man or any other living organisms. Any organisation must be aware of its emissions to the environment, comply with any directions, limits or requirements specified by the Secretary of State of the Environment, and must apply for authorisation from the enforcing authority to carry out a prescribed process. The enforcing authority must be notified of any change in the process.
Part II of the Act defines three sorts of controlled waste: household, industrial and commercial waste. It introduces changes in the control of waste disposal to land, and waste management practices establish local authority waste disposal companies and introduce a statutory duty of care on all participants in the waste management chain. Under the Environmental Protection Act 1990 it is unlawful to deposit, recover, treat, store or dispose of controlled (including clinical) waste without a waste management license, contrary to the conditions of a license or the terms of an exemption, or in a way which causes pollution of the environment or harm to human health. People concerned with controlled waste have a Duty of Care to ensure that the waste is managed properly; recovered or disposed of safely and is only transferred to someone who is authorised to keep it.
Part IIA deals with the "identification and remediation of contaminated land" and was entered into the Act by Section 57 of the Environment Act 1995.
Part III of the Act defines the statutory nuisances for which the local authority can demand abatement and reduction of said nuisance. "A statutory nuisance is defined as a premise which are deemed to be detrimental to health or a nuisance, or are emitting dust, steam, smells, effluvia or noise with this effect." (Defra Website).
As amended by the Clean Neighbour hoods and Environment Act 2005, Part IV details litter and the power of the Local Authority to set criminal offences against it.
Part VI of the Act details the "effect for the purpose of ensuring that all appropriate measures are taken to avoid damage to the environment which may arise from the escape or release from human control of genetically modified organisms." (legislation.gov.uk).
Part VII of this Act details nature conservation in Great Britain and countryside matters in Wales. With regards to England, this is now governed under the Natural Environment and Rural Communities Act 2006. As of April 2013, the functions of this section regarding Wales were transferred to Natural Resources Wales.
Part VIII of this Act covers miscellaneous matters such as other controls on substances, articles or waste, pollution at sea, the control of dogs, straw and stubble burning and environmental expenditure.
Part IX of the Act outlines the general matters such as the 'power to give effect to community and other international obligations, offences by corporate bodies or due to the fault of others, application to the crown, etc.
The company must be aware of all substances released into the environment through its processes and adhere to any directions, limits or requirements set with regards to this legislation.
Hazard recognition, Risk Assessment and Controls
Policies and Procedures
Waste Management Plan
Training and Awareness
Refer to legislation for applicable exemptions
Applicable to England, Scotland and Wales.
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Including our quarterly legal compliance updates that are a great resource for evidence for your ISO audits.