Case Law & Legislation

Question 1

Health and Safety at Work etc Act 1974

Answer 1

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.

Question 2

The Quarries Regulations 1999 (SI 1999 No.2024)(as amended)

Answer 2

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.

Question 3

The Construction (Design and Management) Regulations 2015 (CDM 2015)

Answer 3

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.

Question 4

Town and Country Planning Act 1990

Answer 4

Core legislation for planning applications are required for construction and change of use at sites.

Question 5

Environmental Permitting (England & Wales) Regulations 2016

Answer 5

These regulations consolidate the existing environmental permitting system, detailing the activites to be controlled and the permitting requirements.

Question 6

Environmental Protection Act 1990

Answer 6

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.

Question 7

Town and Country Planning (General Permitted Development) (England) Order 2015

Answer 7

Specifies types of development granted automatic planning permission.

Question 8

Highways Act 1980

Answer 8

Management and regulation of roads in England and Wales.

Question 9

Mines and Quarries Act 1954

Answer 9

Makes provision with respect to the management and control of mines and quarries and for securing the safety, health and welfare of persons employed.

Question 10

Town & County Planning (Environmental Impact Assessment) Regulations 2017

Answer 10

Requirements for environmental impact assessments in planning.

Question 11

Water Resources Act 1991

Answer 11

Management and regulation of water resources.

Question 12

Planning and Compensation Act 1991

Answer 12

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.

Question 13

Planning and Compulsory Purchase Act 2004

Answer 13

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.

Question 14

Minerals (Planning) Act 1981

Answer 14

Provisions for mineral planning authorities.

Question 15

Environment Act 1995

Answer 15

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.

Question 16

Landfill Tax Regulations 1996, as amended

Answer 16

All waste disposed in landfills will be charged a levy based on weight. Categories include ‘active’ and inert wastes.

Question 17

NPPF

Answer 17

National Planning Policy Framework - guidance for local planning in England.

Question 18

The Waste (England & Wales) Regulations 2011 (as amended)

Answer 18

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.

Question 19

Environment Act 2021

Answer 19

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

Question 20

Employment Rights Act 1996

Answer 20

Sets out the statutory employment rights of workers and employees.

Question 21

Equality Act 2010

Answer 21

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.

Question 22

Bribery Act 2010

Answer 22

Act of Parliament of the United Kingdom that covers the criminal law relating to bribery.

Question 23

UK’s Mining Waste Directive

Answer 23

Regulation of waste from extractive industries.

Question 24

EIA Directive (2011/92/EU)

Answer 24

EU directive on environmental impact assessments.

Question 25

Renewable Energy Directive

Answer 25

EU directive promoting renewable energy.

Question 26

Energy Act 2013

Answer 26

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.

Question 27

Minimum Energy Efficiency Standard (MEES)

Answer 27

Minimum energy efficiency levels for rented properties.

Question 28

BREEAM

Answer 28

Building sustainability assessment method.

Question 29

Renewable Energy Market Adjustment

Answer 29

Ensure cost benefits of cheaper energy trickle down to consumers in the long term.

Question 30

Part M of the Building Regulations

Answer 30

Accessibility requirements for buildings.

Question 31

Data Protection Act 2018

Answer 31

This act ensures the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR).

Question 32

Planning Act 2008

Answer 32

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.

Question 33

Infrastructure Act 2015

Answer 33

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.

Question 34

The Companies Act 2006

Answer 34

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.

Question 35

Modern Slavery Act 2015

Answer 35

This Act is designed to tackle slavery in the UK and consolidates previous offences relating to trafficking and slavery.

Question 36

Climate Change Act 2008

Answer 36

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.

Question 37

Countryside and Rights of Way Act 2000

Answer 37

• 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.

Question 38

R v. Medway Council [2019]

Answer 38

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.

Question 39

R v Ofgem [2021]

Answer 39

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

Question 40

Havant Biogas Ltd v Ofgem [2021]

Answer 40

• 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.

Question 41

Hillside Parks Ltd v Snowdonia NPA [2022]

Answer 41

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.

Question 42

Star Stone Quarries, Inc. v. Garland [1990]

Answer 42

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.

Question 43

West Lake Quarry & Material Co. v. Schaffner [1992]

Answer 43

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.

Question 44

Cactus Canyon Quarries v. MSHR [1986]

Answer 44

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.

Question 45

R v. Secretary of State for Communities and Local
Government [2015]

Answer 45

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.

Question 46

R v. North Yorkshire CC [2016]

Answer 46

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.

Question 47

R v Mole Valley District Council [2014]

Answer 47

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.

Question 48

Thames Water Utilities Ltd v Bromley Magistrates’ Court [2013]

Answer 48

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.

Question 49

R v. Environment Agency [2018]

Answer 49

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.

Question 50

R v Environment Agency [2008]

Answer 50

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..

Question 51

Hart DC v Secretary of State for Communities and Local Government [2008]

Answer 51

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.

Question 52

Sweetman and Others v An Bord Pleanála [2013]

Answer 52

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.

Question 53

R v Secretary of State for Transport [2020]

Answer 53

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.

Question 54

R v Secretary of State for Environment, Food and Rural Affairs [2015]

Answer 54

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.

Question 55

R v Environment Agency [2018]

Answer 55

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.