L3 - Statutory Law Flashcards
What is Statutory Law?
Written laws that are usually enacted by a legislative body
What are Anticipatory Controls?
Controls that are imposed on an activity at its commencement in order to prevent potential environmental problems
What are Continuing Controls?
Measures where carrying out of an activity is controlled on a continuing basis
How is Criminal Law applied in the context of Statutory Law?
Imposing of direct sanctions or it can be used to complement the regulatory system. It will punish someone for ignoring the rules created by the regulatory body
How is Civil Law applied in the context of Statutory Law?
It is an incentive for someone to act in a particular way in order to minimise risk and liability
What must be considered when looking at In-Force Dates?
That sub-sections of the legislation may come into force later than the remainder of the legislation
What is a Statutory Nuisance (2 limbs!)?
A distinct regime & It is Prejudicial to Health or a Nuisance
What are the 9 Nuisances under Section 79 (1) of EPA 1990?
A, B, C, D, E, F, G, GA and H
Under what section of EPA 1990 are statutory nuisances defined?
Section 79 (1)
What are the requirements for an Abatement Notice?
What was done, when it was done, what needs to be done and when it needs to be done by
What are the 3 criteria that must be met within an Abatement Notice?
- Practicability
- Enforceability
- Fairness
What are the 2 types of Regulatory Mechanism and can they be used together?
- Anticipatory Controls
- Continuing Controls
Yes, they can be used together.
What does administrate regulation do?
Creates policies, sets standards or policies specifically for specific issues, applies standards to individual situations, enforcement of standards and permissions, provide information and monitors laws and regulations including taking feedback
Give 5 standards in Environmental Law
- Environmental Quality Standards
- Emission Standards
- Process Standards
- Product Standards
- Use Standards
Give 5 Market/Economic Tools
- Subsides & Grants
- Deposit & Refund Systems
- Charges for the administrative cost for operating the regulatory system
- Charges reflecting the full environmental cost of an activity
- Charges to finance environmental or pollution control measures