Case Law & Legislation Flashcards
Health and Safety at Work etc Act 1974
Is of overriding importance in almost all work situations: its general duties and regulation-making powers provide protection not only for all people “at work” (be they employees or self-employed) wherever they may be engaged, but also extend a degree of protection to the public at large.
The Quarries Regulations 1999 (SI 1999 No.2024)(as amended)
The Quarries Regulations 1999 repeals and modifies parts of the Mines and Quarries Act 1954, the Mines and Quarries (Tips) Act 1969, the Mines and Quarries (Tips) Regulations 1971 and the Factories Act 1961.
The Construction (Design and Management) Regulations 2015 (CDM 2015)
These regulations are relevant to all construction projects, including maintenance work.
For the works a construction phase plan must be developed during the pre-construction phase and before any works commence.
For larger projects they are notifiable to the HSE. There are a number of key elements, including:
* a) managing the risks to health & safety by applying the general principle of prevention.
* b) appointing the right people and organisations at the right time.
* c) making sure everyone has the information, instruction, training and supervision they need to carry out their jobs in a way that secures safety.
* d) duty holders co-operating and communicating with each other and co-ordinating their work.
* e) consulting workers and engaging with them to promote an develop effective measures to secure health safety and welfare.
Town and Country Planning Act 1990
Core legislation for planning applications are required for construction and change of use at sites.
Environmental Permitting (England & Wales) Regulations 2016
These regulations consolidate the existing environmental permitting system, detailing the activites to be controlled and the permitting requirements.
Environmental Protection Act 1990
This Act defines pollution, harm and the environment. It also differentiates between individual and corporate liability, and allows prosecutions for either.
* Part I of this Act contains the system of Integrated Pollution Control (IPC). It is concerned with preventing or minimising pollution of the environment by the release of substances into the air, water or land includes the control of discharges to water. The best practicable environmental option must be chosen for waste products .
- Part II of the Act contains the Waste Management Licensing system, which is concerned with regulating the deposit, disposal or recovery of waste.
- Part III concerns statutory nuisances and clean air, including inspections and summary proceedings for statutory nuisances.
- Part IV contains Litter-related legislation.
Town and Country Planning (General Permitted Development) (England) Order 2015
Specifies types of development granted automatic planning permission.
Highways Act 1980
Management and regulation of roads in England and Wales.
Mines and Quarries Act 1954
Makes provision with respect to the management and control of mines and quarries and for securing the safety, health and welfare of persons employed.
Town & County Planning (Environmental Impact Assessment) Regulations 2017
Requirements for environmental impact assessments in planning.
Water Resources Act 1991
Management and regulation of water resources.
Planning and Compensation Act 1991
Amends the law relating to town and country planning to extend the powers to acquire by agreement land that may be affected by carrying out public works and to provide compensation where applicable.
Planning and Compulsory Purchase Act 2004
Introduces powers which allow for the reform and speeding up of the plans system and the need for simplified planning zones to be identified in the strategic plan for a region.
Introduces reforms such as the abolition of Local Plans and Structure Plans, and their replacement with Local Development Frameworks.
Minerals (Planning) Act 1981
Provisions for mineral planning authorities.
Environment Act 1995
Establishes the Environment Agency and SEPA as the regulating bodies for contaminated land, abandoned mines, national parks, control of pollution, conservation of natural resources, conservation or enhancement of the environment, and fisheries.
Landfill Tax Regulations 1996, as amended
All waste disposed in landfills will be charged a levy based on weight. Categories include ‘active’ and inert wastes.
NPPF
National Planning Policy Framework - guidance for local planning in England.
The Waste (England & Wales) Regulations 2011 (as amended)
These regulations requires businesses to apply the waste management hierarchy, introduces a two-tier system for waste carrier and broker registration, and excludes some categories of waste from waste controls.
Environment Act 2021
This act allows the UK to enshrine better environmental protection into law. It provides the Government with powers to set new binding targets, including for air quality, water, biodiversity, and waste reduction. These should be ambitious, meaningful and informed by experts
Employment Rights Act 1996
Sets out the statutory employment rights of workers and employees.
Equality Act 2010
It is the Company’s intention that all employees are treated both fairly and consistently and that they are given sufficient opportunity to demonstrate their commitment to both the Company and the work they do. No employee will be disadvantaged on the grounds of their age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sex orientation as covered by the Equality Act 2010, by conditions or requirements which cannot be shown to be justifiable. The Company will take positive action to permit measures, including training, to alleviate disadvantage experienced by employees who share a protected characteristic; reduce their under-representation in particular activities; and meet their particular needs – any such measures must be a proportionate way of achieving the relevant aim.
Bribery Act 2010
Act of Parliament of the United Kingdom that covers the criminal law relating to bribery.
UK’s Mining Waste Directive
Regulation of waste from extractive industries.
EIA Directive (2011/92/EU)
EU directive on environmental impact assessments.
Renewable Energy Directive
EU directive promoting renewable energy.
Energy Act 2013
It makes provision for the setting of a decarbonisation target; reforming the electricity market for purposes of encouraging low carbon electricity generation and other commitmentsin reducing the impact of the energy we are supplied with.
Minimum Energy Efficiency Standard (MEES)
Minimum energy efficiency levels for rented properties.
BREEAM
Building sustainability assessment method.
Renewable Energy Market Adjustment
Ensure cost benefits of cheaper energy trickle down to consumers in the long term.
Part M of the Building Regulations
Accessibility requirements for buildings.
Data Protection Act 2018
This act ensures the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR).
Planning Act 2008
Establishes the Infrastructure Planning Commission and makes provision about its functions, the development of nationally significant infrastructure and town and country planning.
It also makes provision for the introduction of a Community Infrastructure Levy.
Infrastructure Act 2015
Sets up a replacement to the Highways Agency with secure funding; speed up the disposal of public owned property and of transaction times in general; aims to speed up the planning process; simplify ownership and access rules to enable shale gas extraction; new powers requiring landowners to control invasive and non-native species; creates a framework to implement the Extractive Industries Transparency Initiative; allows off site carbon offset by house builders; creates a levy on the holders of energy licences and makes provision for renewable heat incentives.
The Companies Act 2006
This is an act of parliament that sets out standards expected of companies, their Directors and the Shareholders, it also details the rules and forms required in respect of various returns such as statutory accounts etc. it’s a far reaching piece of legislation.
Modern Slavery Act 2015
This Act is designed to tackle slavery in the UK and consolidates previous offences relating to trafficking and slavery.
Climate Change Act 2008
The Act sets up a framework for the UK to achieve its long-term goals of reducing greenhouse gas emissions and to ensure steps are taken towards adapting to the impact of climate change.
Countryside and Rights of Way Act 2000
- Sets out rules on countryside access, rights of way, driving vehicles off road, nature conservation and protecting wildlife and areas of outstanding natural beauty.
- Enables traffic regulation orders to be made to conserve areas of natural beauty.
R v. Medway Council [2019]
NPPF Emphasis:Reinforces support for renewable energy in decision-making.
Material Consideration: Impact on renewables is a key planning consideration.
Holistic Approach: Authorities should balance NPPF guidelines with local specifics.
R v Ofgem [2021]
Dispute over Kelly Green’s Renewables Obligation Scheme accreditation by Ofgem.
Accreditation Importance: Ofgem’s withdrawal of Kelly Green’s accreditation under the Renewables Obligation Scheme (ROS) highlights the critical role of accurate commissioning dates in obtaining valuable Renewables Obligation Certificates (ROCs).
Legal Precedent: The case sets a legal benchmark for handling accreditation disputes, emphasizing transparency and accuracy in the energy sector.
Economic Impact: The decision affects renewable energy producers’ revenue streams, emphasizing the financial implications of accreditation status in the energy market
Havant Biogas Ltd v Ofgem [2021]
- Ofgem’s decision to reduce subsidies was quashed.
- Court found Ofgem’s interpretation of the regulations was incorrect.
- Ofgem’s decision deemed irrational and not justifiable.
Importance to Energy Management:
- Reinforces the significance of clear regulatory interpretations.
- Ensures stability and predictability for energy producers.
- Upholds investor confidence in energy subsidy schemes.
Hillside Parks Ltd v Snowdonia NPA [2022]
This ruling emphasized the importance of clarity in planning permissions and the need for explicit conditions, rather than relying on implied or assumed conditions from previous permissions.
Star Stone Quarries, Inc. v. Garland [1990]
Dispute over mineral rights, environmental concerns, and regulatory compliance in quarrying.
Land Ownership Disputes: The case emphasizes the importance of clear land ownership and mineral rights, which can impact mineral extraction permissions in the UK.
Regulatory Compliance:Ensuring operations adhere to local, state, and federal regulations is crucial. In the UK context, this would mean compliance with national and local planning policies.
Environmental Considerations: The case underscores the need for environmental assessments and mitigation, especially in sensitive areas, which is also a key concern in the UK minerals sector.
Legal Recourse: The case highlights the avenues available for companies to challenge regulatory decisions, a principle that can be applied in the UK’s legal context.
Operational Integrity: Ensuring operations are conducted ethically and responsibly is paramount, aligning with the UK’s emphasis on sustainable minerals management.
West Lake Quarry & Material Co. v. Schaffner [1992]
Missouri quarry challenged tax assessment on equipment; court upheld assessment.
Taxation and Exemptions: The case highlights the importance of tax incentives or exemptions for equipment used in extraction. This can impact financial planning in the UK minerals industry.
Operational Classification: Differentiating between “mining” and “manufacturing” can influence how mineral operations are regulated and monitored in the UK.
Environmental Implications: Distinct stages of mineral operations might require varying environmental assessments and mitigation measures in the UK.
Equipment and Technology: The case underscores the significance of technology in mineral operations, potentially influencing UK regulations.
Legal Interpretations: International cases can offer insights when local UK regulations are ambiguous or open to interpretation.
Cactus Canyon Quarries v. MSHR [1986]
Health and safety case law in the USA.
Regulatory Compliance: The case underscores the importance of adhering to safety and regulatory standards. UK mineral operators can be reminded of the significance of compliance with local regulations, such as those set by the Health and Safety Executive (HSE) and other relevant bodies.
Operational Practices: The case highlighted operational practices that were deemed unsafe. UK mineral operators can review and benchmark their operations against best practices to ensure safety and minimize risks.
Legal Precedence: While the legal systems differ, the principles from such cases can be cited in arguments or discussions, especially when advocating for clearer regulations or when discussing the balance between operational flexibility and safety.
Stakeholder Relations: The case can serve as a lesson on the importance of maintaining good relations with regulatory bodies and the potential consequences of disputes.
Risk Management: The case can be a reference for UK mineral operators on the importance of risk assessments, ensuring that potential hazards are identified and mitigated.
R v. Secretary of State for Communities and Local
Government [2015]
Challenge to housing development in London.
Material Consideration: Confirmed that emerging local plans can be a material consideration in decision-making.
Weight of Emerging Plans: The weight given to emerging plans depends on their stage of preparation and consistency with the NPPF.
Consistency with NPPF: Decisions should align with the National Planning Policy Framework’s presumption in favor of sustainable development.
R v. North Yorkshire CC [2016]
Concerned the granting of planning permission for fracking.
The court upheld the decision of North Yorkshire County Council to grant permission, emphasizing that local authorities have the discretion to make decisions on planning applications based on their assessment of the evidence and local circumstances.
R v Mole Valley District Council [2014]
Grant of planning permission for the development of a hotel at a golf course.
Landscape Protection: Emphasizes safeguarding areas like AONB in planning decisions.
Decision-making Process: Highlights potential contention in planning approvals.
Development Plan Policy: Stresses alignment with local planning policies in proposals.
Thames Water Utilities Ltd v Bromley Magistrates’ Court [2013]
Sewage escaped from Thames’ system onto various lands in the London Borough of Bromley.
Definition of “Deposit”: The case clarifies that even unintended escapes can be considered as a “deposit” under the Act, which has implications for waste management entities in terms of their liabilities.
Strict Liability: The ruling emphasizes that companies can be held strictly liable for unintended discharges, reinforcing the need for robust waste management systems and precautions.
Due Diligence Defense: The inability of Thames to establish a due diligence defense underscores the importance of having comprehensive measures in place to prevent waste escapes and to be able to demonstrate those measures in court.
R v. Environment Agency [2018]
Environment Agency unfairly restricting a established fisher from salmon-fishing in the Severn Estuary.
Balanced Regulations: Ensure environmental rules don’t disproportionately harm businesses.
Compensation: Operators might deserve compensation if regulations severely impact them.
Stakeholder Engagement: Consult with affected parties before major regulatory changes.
R v Environment Agency [2008]
EIA is not automatically mandatory for all projects with potential significant environmental impacts.
Instead, the necessity for an EIA should be determined based on the specific circumstances and characteristics of each project..
Hart DC v Secretary of State for Communities and Local Government [2008]
A planning application and the potential environmental impacts on the Thames Basin Heaths Special Protection Area (SPA).
Cumulative Impact: The case highlighted the importance of assessing cumulative environmental impacts of multiple developments, especially near protected areas.
Mitigation Measures: Emphasized the role of mitigation strategies, like creating Suitable Alternative Natural Greenspace (SANG), in addressing potential environmental concerns.
EIA Importance: The case underscores the necessity of thorough Environmental Impact Assessments (EIA) to ensure developments don’t harm environmentally sensitive areas.
Sweetman and Others v An Bord Pleanála [2013]
Environmental concerns of a road, specifically the conservation of natural habitats.
Conservation Focus: Emphasizes the importance of conserving natural habitats and priority habitat types.
Assessment Criteria: Clarifies criteria for assessing adverse effects of projects on protected sites.
Balancing Development & Conservation: Highlights the tension between development projects and habitat conservation.
R v Secretary of State for Transport [2020]
an environmental campaigner, challenging the UK Government’s decision to proceed with the HS2
Thorough Assessments: Emphasizes the necessity of comprehensive environmental impact assessments for major projects.
Decision-making Process: Courts focus on the lawfulness of the decision-making process, not the environmental merits.
Balance: Highlights the balance between infrastructure development and environmental protection.
R v Secretary of State for Environment, Food and Rural Affairs [2015]
UK’s failure to meet nitrogen dioxide levels set by EU law (Directive 2008/50/EC) since 2010.
Legal Accountability: Governments can be legally held accountable for environmental breaches, ensuring adherence to sustainability standards.
Air Quality Priority: The case emphasizes air quality as a critical component of sustainable urban living.
Policy Impetus: Legal challenges can catalyze more stringent environmental policies and prompt action.
R v Environment Agency [2018]
Environment Agency unfairly restricting a established fisher from salmon-fishing in the Severn Estuary.
Balancing Act: Demonstrates the need to balance environmental goals with individual rights.
Regulatory Care: Emphasizes careful, fair decision-making by regulatory bodies.
Compensation: Highlights the importance of compensating those affected by environmental decisions.
Stakeholder Involvement: Stresses transparent and inclusive decision-making for sustainable outcomes.
