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NEBOSH Environmental Diploma - Environmental Regulation NDEM2 2023 > Pollution Prevention and Control Legislation > Flashcards

Pollution Prevention and Control Legislation Flashcards

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1
Q

what is the Environment Act 2021

A

a broad framework covering numerous seas of environmental management in the UK

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2
Q

what bare the key requirements of the Environment Act 2021?

A
  • Taggert setting
  • waste and resource efficiency
  • air quality
  • water
  • natural world, biodiversity and conservation
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3
Q

what are the regulated facilities as per the Environmental Permitting (England and Wales) Regulations 2016

A
  • installations
  • mobile plant
  • waste operations
  • radioactive substance activities
  • water discharge activities
  • groundwater activities
  • a small waste incineration plant (England only)
  • flood risk activity
  • medium combustion plant
  • specified generator

an environmental permit is required to operate any of these facilities

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4
Q

What are the environmental impact elements of Part A(1) and Part A(2) installation environment permit

A
  • emissions of pollutants to air, water and land
  • energy efficiency
  • waste management
  • consumption of raw materials
  • noise and vibration
  • site restoration and decommissioning
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5
Q

what are the elements of installation regulated requirements under the Environmental Permitting Regulations

A
  • energy industries
  • production of metals
  • chemical manufacture
  • recovery processes eg waste oils and incinerators
  • tanneries etc
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6
Q

what re the two common types of environmental permits for waste

A
  • installation permits
  • waste operation permits
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7
Q

what issues are taken into consideration before permits are granted for installation and waste operations?

A
  • pollution of the environment and harm to human health
  • whether the applicant is a ‘fit and proper’ person
  • compliance with completion conditions

exemptions to waste operation permits may or may not be required to be registered

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8
Q

Environmental Permitting Regulations Part B refers to0 what?

A

installation permits solely surrounding emissions to air

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9
Q

what regulations control emissions from Medium Combustion Plants?

A

Environmental Permitting (England and Wales (Amendment) Regulations referring to the requirements of the Medium Combustion Plant Directive

controls emission limit values for
- sulphur dioxide
- nitrogen dioxide
- dust

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10
Q

what are the conditions that may be imposed in a water discharge activity permit?

A
  • the places for discharges and there design and construction of outlets
  • the nature of such discharges and periods allowed for discharge
  • sampling facilities
  • provision of meters
  • keeping records
  • making returns
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11
Q

what re the enforcement options available to regulators

A
  • enforcement permits
  • suspension of permits
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12
Q

what organisations are involved in the enforcement off the PPC/EP installation regime?

A
  • EA and NRW in England and Wales
  • Scotland is SEPA
  • Northern Ireland - NIEA
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13
Q

what is the statutory definition of waste applied in the UK?

A

EC Framework Directive on Waste (2008/98/EC)

any substance or object which the holder discards, intends to discard, or is required to discard

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14
Q

what are the principle categories of waste?

A
  • controlled waste
  • hazardous waste
  • non-hazardous waste
  • clinical waste
  • special waste (Scotland)
  • radioactive waste
  • inert waste
  • toxic waste
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15
Q

what is controlled waste?

A

waste that is subject to EPA 1990 is known as controlled waste
- domestic industrial
- commercial
- also hazardous waste

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16
Q

what is the legislation that identifies the waste classifications?

A

Controlled Waste (England and Wales) Regulations 2012 and Controlled Waste Regulations 1992 in Scotland.

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17
Q

what is non-hazardous waste

A

anything not classified as hazardous waste including
- household waste
- paper
- wood
- degradable waste

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18
Q

what is hazardous waste?

A

defined by the Hazardous Waste (England and Wales) Regulations 2005

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19
Q

what is clinical waste?

A

defined in the Controlled Waste (England and Wales) Regulations 2012 as all waste from a healthcare activity (including veterinary care) and waste of a similar nature from a non-healthcare activity

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20
Q

what is radioactive waste?

A

defined in Ionising Radiations Regulations 2017

any substance which contains one or more radionuclides whose activity cannot be disregarded for the purpose of radiation protection

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21
Q

what is inert waste?

A

waste that is stable - i.e. does not degrade physically, chemically, or biologically, does not burn, dissolve, chemically react or leach out to any degree

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22
Q

what is toxic waste?

A

waste that may cause death, injury, or birth defects to living creatures such as mutagenic and carcinogenic substances

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23
Q

what legislation is hazardous and non-hazardous waste detailed in?

A

List of Wastes Decision 2000/532/EC

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24
Q

what are the key requirements of the Environmental Protection Act 1990 Part II Section 34(the duty of care)

A
  • prevention of the escape of waste
  • transfer of waste only to an authorised person
  • a written description transferred with the waste
  • prevention of the illegal disposal, treatment or storage of waste
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25
Q

what is the definition of waste holders?

A

those who have waste on their premises or under their control (whether they are producers, transporters or disposers of waste

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26
Q

what are the elements to prevent escape of waste?

A
  • waste should be placed in containers which are suitable to prevent its escape during storage, transport and up to and often including disposal
  • it is necessary for producers of waste to know how their waste will be treated, stored and transported to ensure that the containers are adequate for the purpose
  • measures should be taken to store wastes in a secure location
  • incompatible wastes should be stored in separate, segregated locations
  • waste must be stored securely and kept in suitable labelled containers at all times
  • where practicable, wastes should be kept under cover while awaiting collection
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27
Q

what is required when waste is removed from a premises or site?

A

written information must be prepared

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27
Q
A
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28
Q

what legislation provides for registration of waste carriers?

A

Waste (England and Wales) Regulation 2011

a two tier system of:
- lower tier registration
- upper tier registration

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29
Q

all persons treating, storing or disposing of waste must have a waste operation or installation environmental permit under?

A

Environmental Permitting Regulations 2016

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30
Q

What does Waste (Household Waste Duty of Care (England and Wales) Regulations 2005 state?

A

imposes a duty of care on an occupier of a domestic property in respect of the household waste produced on the property such that it is only transferred to an authorised person

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31
Q

what does Regulation (EC) No 1012/2006 (Waste Shipments Regulation) enabled in the UK as Transfrontier Shipment of Waste Regulations 1996 (as amended) refer to?

A

the system of control governing the shipment of waste across national boundaries

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32
Q

Specific hazardous waste legal requirements are contained in the Hazardous waste (England and Wales) Regulations 2005

A
  • definition of hazardous waste
  • restriction of wastes
  • consignment note arrangements
  • returns and records
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33
Q

what’s the definition of Hazardous waste?

A

may be hazardous if it is listed as a hazardous waste in the Annex to the List of Wastes Decision (2000/532/EC) or Special Waste Regulations (1996 (as amended) in Scotland

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34
Q

mixing of hazardous wastes

A

no permitted and an offence unless permitted as part of a disposal or recovery operation

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35
Q

detail consignment notes

A

must be completed whenever hazardous waste is removed from premises (includes removal from ships and removal by pipeline)

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36
Q

return and records retention of documents

A

producers, holders, carriers consignors and consignees are required to keep records for a minimum of three years.

except of the case of carriers where the period is 12 months

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37
Q

draw the waste hierarchy

A
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38
Q

what are the main waste offences are detailed in Section 33 of the EPA 1990?

A
  • to deposit (directive) waste in or on land, temporarily or permanently, except in accordance with the conditions of a current environment permit
  • to treat, keep or dispose of waste in or on land, or by means of mobile plant, except in accordance with an environmental permit. To knowingly cause or knowingly permit any of the above actions
  • to treat, keep or dispose of (directive) waste in a manner likely to cause pollution of the environment or harm to human to human health (whatever the licensing arrangements)
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39
Q

what are the main waste offences under the Environmental Permitting Regulations?

A
  • to contravene, or knowingly cause or knowingly permit the contravention of Regulation 12 (no person may operate a regulated facility unless they have an environmental permit)
  • to fail to comply with or to contravene an environmental permit condition
  • to fail to comply with the requirements of an enforcement notice, a suspension notice or a landfill closure notice
  • to fail to comply with a notice requiring the provision of information, without reasonable excuse
  • to recklessly make a statement which is false or misleading in a material particular, where the statement that is made is purported to prove compliance with the Regulations or for obtaining the grant, transfer or surrender of a permit
  • intentionally to make a false entry in a record required to be kept under an environmental permit condition
  • with intent to deceive, to forge or use a document that is required to prove compliance with a permit condition or to make or have in one’s possession a document so closely resembling such a document as to be likely to deceive
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40
Q

what are the principle requirements of Environmental Permitting Regulations 2016 cover EU Directive 1999/31/EC

A
  • landfill sites to be classified for hazardous waste, non-hazardous waste and inert waste
  • there will be a ban on the landfilling of liquid wastes (but not slue=dges), also wastes that are explosive, corrosive, oxidising, flammable and highly flammable and clinical wastes which are infectious
  • there will be an end to the practice of disposing of hazardous and non-hazardous wastes together
  • prohibition from landfill of waste paper, metal, plastic or glass that has been collected separately to prepare it for reuse or recycling
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41
Q

explain the landfill; tax

A

originally introduced on all waste disposed of at permitted landfill sites. since extended to be chargeable on waste disposal at non-permitted/licensed sites such as those where illegal disposal of waste has occurred

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42
Q

what is the Environmental Bodies Credit Scheme>

A

set up to encourage landfill site operators in England NI to fund projects that benefit the environment. Similar schemes operate in other countries o=f the UK

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43
Q

what is an the definition of an obligated businesses under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007?

A
  • in the packaging chain
  • handling more than 50 tonnes of packaging material and.or packaging in a year
  • having an annual turnover of more than £2million
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44
Q

how are businesses classified as being in the packaging chain?

A

if they:
- manufacture raw materials for packaging
- convert raw materials into packaging
- fill packaging (ie put goods or materials into packaging)
- sell packaged goods to the final user
- perform a ‘service’ provision
- import packaging/packaging materials/packaged goods into the UIK

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45
Q

what are the packaging materials that must be recovered or recycled

A
  • aluminium
  • glass
  • paper
  • cardboard
  • plastic
  • steel
  • wood
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46
Q

how can companies provide evidence of their recycling responsibilities?

A

the specialist companies which arrange for recycling of packaging materials (Compliance Schemes) issue materials certificates (Packaging Recovery Notes - PRN’s) to provide evidence of the tonnage of each material handled.

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47
Q

what are the legal requirements of Producer Responsibility Obligations (Packaging Waste) Regulations 2007?

A

companies must register with a Compliance Scheme
- or respond to data requests by the individual route

  • companies must provide the Agencies or Compliance Schemes data on the quantity of each type of packaging material they are handling
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48
Q

what re the activities needed to be undertaken under the individual route for Compliance with the Packaging Regulations?

A
  • registration with the regulator
  • calculation of recycling targets
  • submission of certificate of compliance
  • purchasing PRN’s
  • providing consumers with information regarding recycling (sellers only)
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49
Q

what are the offences to Producer Responsibility Obligations (Packaging Waste) Regulations 2007?

A
  • failure to register with the Agencies or to be a member of a Compliance Scheme
  • failure to provide the required data
  • failure to provide a certificate of compliance
  • providing a false claim in a compliance certificate
  • providing false evidence of recycling
  • obstructing an Agency officer in carrying out his duties under the Regulations
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50
Q

what are the regulators requirements for Packaging (Essential Requirements) Regulations 2015?

A
  • keeping weight and volume to a minimum
  • manufacturing packaging so as to permit re-use or recovery
  • setting of heavy metal limits for packaging
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51
Q

what is the Finance Act 2021?

A

introduced a tax on the import and production of plastic packaging

  • applies to those organisations that manufacture or import 10 tonnes or greater of finished plastic packaging components within the last 12 months (1 April to 30 March) or will do so in the coming 30 days.
  • refers to plastic with less then 30% recycled plastic
  • charged at £200 per tonne
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52
Q

what is Waste Electrical and Electronic Equipment Regulations 2013 (known as WEEE)

A

legislation for the producers who put Electrical and Electronic Equipment on the market to be responsible for

  • financing the cost of collection
  • treatment
  • recovery
  • environmentally sound diusposal
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53
Q

what equipment is included in WEEE?

A
  • large household appliances
    = small household appliances
  • IT and telecommunication equipment
  • consumer equipment
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54
Q

what is DCF?

A

Designated Collection Facilities for the discarded EEE

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55
Q

what is the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012

A

reqyuires that new EEE put on the market must not contain more than the permissible maximum concentration values of hazardous substances

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56
Q

what are the key requirements of Producers responsibilities in relation to batteries?

A
  • prohibit the use of cadmium and mercury above certain limits in batteries
  • specific labelling to facilitate recycling
  • appliances that use batteries are so designed that the batteries can easily be removed
  • battery producers have to register with the regulator, join and finance a battery-compliance scheme
  • portable-battery sellers have to take back waste portable batteries free-of-charge
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57
Q

what are the key requirements of Producers responsibilities in relation to End of Life Vehicles?

A

these laws apply to cars and vans below 3.5 tonnes

  • registration of vehicle producers
  • restriction of heavy metals used in manufacturing
  • making of rubber and plastic components to aid recycling
  • free take-back
  • provision of accessible networks of authorised treatment facilities
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58
Q

meanings of ‘Dark Smoke’ and ‘ Black Smoke’

A

Dark Smoke - defined by reference in BS 272:2009 if smoke when compared with the Ringelmnn Charts would appear to be as dark or darker than Shade 2 on the chart

Black Smoke - defined in the Dark Smoke (Permitted Periods) Regulations 1958 means smoke which, compared with the Ringelmnn Charts would appear to be as dark or darker than Shade 4 on the chart

59
Q

Prohibition on Smoke, Grit, Dust and Fumes

A

any installation must be capable of operating continuously without emitting smoke.

all furnaces (except domestic appliance) must be equipped with a grit and dust arrestment plant which must be properly maintained.

60
Q

what does EU Regulation 1005/2009 refer to?

A

UK enforcement under the Ozone Depleting Substances Regulations 2015

places controls on the production, placing oil the market and use of ODS’s (CFC’s, HCFC’s, Halons, etc)

61
Q

what are the measures required under EU Regulation 1005/2009 (Ozone Depleting Substances Regulations 2015)?

A
  • ban of the use of ODS’s in new equipment
  • for existing equipment containing ODS’s
    > prevention/minimisation/repair of leaks
    > scheduled leak testing
    > recovery of ODS’s (during maintenance, before disposal etc)
    > use of a qualified person for maintenance/decommissioning
62
Q

what are the measures under EC Regulations 517/2014 - on fluorinated gases?

A
  • bans
  • cap and phase down
  • prevention of leakage
  • inspection
  • automatic leak detection
  • maintenance of records
  • recovery of gas
  • use of certificated personnel to undertake checks
  • labelling
63
Q

the Air Quality Standards Regulations 2010 set limits in ambient air for the following key pollutants

A
  • sulphur dioxide
  • nitrogen dioxide
  • oxides of nitrogen
  • particulate matter
  • lead
  • benzene
  • carbon monoxide
  • arsenic
  • cadmium
  • mercury
  • nickel
  • benzo(a)pyrene or other polycyclic aromatic hydrocarbons
  • ozone
64
Q

what are the duties of the Secretary of State with regards to Part IV of the Environment Act 1995

A
  • prepare and publish air quality strategy
    -keep the strategy under review and modify it from time to time
  • this strategy must contain air quality =objectives and standards, and measures taken to achieve the objectives
  • in preparing the strategy the Secretary is required to consult various appropriate bodies, such was the Environmental Agency of the UK
  • publish a draft of the strategy and take into account any commentsw
65
Q

what are the powers and duties of local authorities has determined in the Environment Act 1995?

A
  • review air quality in their areas
  • air quality management areas to be designated by September 2000
  • a further review to be undertaken by December 2003
66
Q

what are the functions of the Committee on Climate Change?

A

it is an independent body that advises the UK and devolved governments on preparing for and dealing with climate change.

  • advice on 2050 GHG reduction target
  • advice in connection with carbon budgets
  • advice on emissions from international aviation and shipping
  • reports on progress every year towards meeting carbon budgets and targets
  • provide evidence, analysis, information or other assistance to a national authority
67
Q

what are the set objectives for integrated river basis in management as detailed in Water Environment (Water framework Directives)(England and Wales) Regulations 2017 and Water Environment and Water Services (Scotland) Act 2003?

A
  • ecological and chemical perimeters
  • common monitoring and assessment strategies
  • river basin administration and planning
  • measure to meet the objectives
68
Q

what does the Water Framework Directive state about water quality assessment?

A

that water quality should be assessed using the ecological (eg fish and invertebrates) and chemical (eg heavy metals, pesticides and nutrients) status of the watercourse.

the classification must state whether the water is good, where it needs to be improved and what is required to improve it

69
Q

what does Environmental Protection (Microbeads)(England) Regulations 2017 state?

A

prohibits the use of plastic microbes as an ingedient in the manufacture of rinse off personal care products and the selling of any products that contains microbes in England.

70
Q

what are the key requirements of the prevention of water pollution from diffuse agricultural sources?

A

Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018

  • restrictions on the storage of organic matter
  • management of livestock and soil
  • reasonable precautions to prevent agricultural diffuse pollution
71
Q

Water Industry Act 1991 sets terms of consent so that the effluent will not harm the

A
  • sewage treatment process
  • sewage system itself
72
Q

in respect of Water Industry Act 1991 what conditions may therefore be set

A

for:
- the sewer
- sampling/monitoring
- pH
- temprature
- volume
- times of discharge
- Chemical Oxygen Demand (COD)
- toxic metals
- suspended solids
- ammonia

no flammable substances are permitted to be discharged

73
Q

list some environmental laws

A
  • water pollution
  • water abstraction
  • noise nuisance
  • seizure of noise making equipment
  • noise in the street
  • noise outdoors
  • construction and demolition noise
  • planning and noise
  • entertainment noise
  • ASB
74
Q

the Environmental Noise (England) Regulations 2006 requirements

A
  • the making of strategic noise maps
  • the Secretary of State is required to identify the noise sources of which strategic noise maps must be made
  • strategic noise maps will need to be reviewed (and revised if necessary) from time to time and whenever a major development occurs
  • action plans must be draw up in 2008 and 2013
  • the Secretary of State must publish guidance on how the priorities in action plans should be determined etc
75
Q

what legislation determines that noise may be defined as a statutory nuisance?

A

Environmental Protection Act 1990

76
Q

what are the duties of a Local Authority in relation to noise?

A

Part III of the EPA LA required to inspect their areas periodically and investigate any complaints they receive regarding statutory nuisances

when satisfied a statutory nuisance exists, or likely to exist, it must serve an abatement notice

77
Q

what are the offences relation to Statutory Nuisance?

A
  • failure to comply with an abatement notice issued by an Environmental Health Officer is a criminal offence subject to an unlimited fine
  • fines can be issued on a daily basis for as long as the nuisance occurs
  • actions against statutory nuisance can be brought by individuals - can apply for a statutory nuisance order
  • a defence against an abatement order is to show that BPMN were employed to prevent or reduce the nuisance
78
Q

what are other sources of noise?

A
  • aircraft noise
  • road traffic noise
  • household appliances
79
Q

UK REACH means?

A

Registration, Evaluation, Authorisation, and Restriction of Chemicals

80
Q

COMAH require?

A
  • premises which keep listed substances in quantities exceeding stated thresholds
  • companies to which regulations apply must prepare a Major Accident Prevention Policy (MAPP)
  • details of the type and quantities of hazardous substances must be sent to the competent authority
81
Q

what is the definition of a major incident under COMASH?

A

an occurrence such as a major emission, fire or explosion, resulting from uncontrolled developments in the course of the operation of any establishment to which these Regulations apply, leading to serious danger to human health or the environment (whether immediate or delayed), inside or outside the establishment, and involving one or more dangerous substances.

82
Q

Control of Pollution (Oil Storage)(England) Regulations 2001 apply to:

A
  • above ground storage of oil in industrial, commercial and institutional sites storing oil containers over 200 ltd and;
  • private dwellings with containers storing more than 3500lts
83
Q

what are the main points of the Control of Pollution (Oil Storage)(England) Regulations 2001

A
  • oil shall be stored in a container, which is of sufficient strength and structural integrity that it is unlikely too burst or leak in ordinary use
  • the container must be situated in a secondary containment system of not less than 110% of the containers capacity, situated to minimise risk of impact; its base and walls must be impermeable to water and oil
  • valve, draw-off pipes etc must be within the secondary containment system. No pipes or other opening for draining the system must penetrate the walls
  • any drum (over 200 its) must have a drip tray of 25% of the drum capacity
84
Q

Principle Requirements of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

A
  • training of all personnel involved in the carriage of dangerous goods
  • obligation of all those involved to comply with general and special safety measures
  • appointment of dangerous goods safety advisors
  • reporting of carriage-related accidents/incidents
  • adoption of general security provisions
85
Q

what is the classification of dangerous goods?

A

are substances or articles which can be classified into groups such as explosive substances, gases, flammable liquids, toxic substances etc

85
Q

dangerous goods list and appropriate UN number

A
  • packing group
  • appropriate label
  • allowable packaging
  • whether transportation in tanks is allowed
  • whether any special provisions must be observed
86
Q

what must the transport label that accompanies the consignment contain?

A
  • proper shipping name
  • label information (ie the numbers of the UN class labels required)
  • UN number
  • total mass or volume of each item of dangerous goods
87
Q

what is the definition of contaminated land?

A

Environmental Protection Act 1990

any land that is causing or could cause, significant harm or pollution of controlled waters

88
Q

what are the requirements of Contaminated Land (England) Regulations 2006

A
  • LA have the responsibility to identify ‘contaminated land’ within their area
  • LA have powers to serve a remediation notice on the ‘appropriate person’
  • LA retains planning jurisdiction to deal with the development of contaminated land
  • obtaining planning permission is usually subject to completion of a satisfactory site investigation and clean-up as necessary
  • the EA/NRA is a statutory consultee in the planning process and contaminated land is a material consideration in the planning process
  • the EA/NRW/SEPA are responsible for special sites
  • EA/NRS/SEPA have powers to prosecute polluters and to serve Notices to stop activities on a site that may have the potential to contaminate
89
Q

Duties of Regulators in Respect of Contaminated Land

A

if land identified as contaminated then the LA must determine whether the land is a special site (ie the land is severely contaminated)

90
Q

What is the definition of ‘appropriate person’?

A

in the context of Environmental Act 1990 it is divided into two categories:

Class A - persons who caused or knowingly permitted the presence of substances which resulted in the site contamination

Class B - persons who are the ower/occupier in the event that the Class A person cannot be found

91
Q

where can guidance be found to assist with the interpretation of the contaminated land regime in England?

A

Environmental Protection Act 1990 Part 2A Contaminated Land Statutory Guidance (April 2012)

92
Q

who are the enforcing agency following a Remediation Notice?

A

notices can be appealed as per H&S notices

in certain cases it can be the EA/NRW when the degree or nature of the contamination requires ‘special’ designation

93
Q

what is required for a site to designated as a ‘special site’?

A
  • acid tars are present in, on or under trhe land
  • it is land which has been used for the refining of crude petroleum, oil extraction, or other bitumous (except coal) or the manufacture or processing of explosives
  • land within a nuclear site
94
Q

what does Section 78R of the Environmental Protection Act 1990 require?

A

requires each enforcing authority to keep a public register to act as a record of all regulatory action taken by the enforcing authority in respect of remediation of contaminated land

95
Q

what does the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (as amended) refer to?

A

the active damage of land

96
Q

what does Town and County Planning (Environmental Impact Assessment) Regulations 2017 require?

A

that an environmental impact assessment is carried out on the environmental effects of specified proposed major industrial or civil engineering developments - as specified in Schedule 1 of the Regulations (crude oil refineries/ major road/rail/airport developments/waste disposal installations

97
Q

projects listed in Schedule 2 of the Town and County Planning (Environmental Impact Assessment) Regulations 2017 may require an environmental assessment as a result of:

A
  • the characteristics of the development
  • location of the development
  • characteristics of the potential impact

these include projects such as agriculture/extractive industry/energy industry/glass-making and chemical industry AND

  • the modification of a Schedule 1 development already carried out
  • temporary testing of Schedule 1 methods or products for not more than two years etc
98
Q

the Environmental Impact Regulations require the production of an Environmental Statement. what does it require?

A

a document or series of documents assessing the likely environmental impact of a development proposal and the significance of the effects arising from its impacth

99
Q

at are the stages of an Environmental Impact Assessment?

A
  • screening
  • scoping
  • preparing an Environmental Statement
  • making a planning application and consultation
  • decision making

for projects that lie outside the scope of the statutory planning system the EIA Regulations do not apply

100
Q

what is a Strategic Environmental Assessment (SEA)?

A
  • a process to ensure significant environmental effects arising from policies, plans and programmes are identified, assessed, mitigated, communicated to decision makers and monitored and that opportunities for public involvement are provided
  • required to be undertaken by competent authorities (such as LA or national government)
  • an important instrument to help achieve sustainable development in public planning and policy making
  • required for plans and programmes including agriculture, forestry, fisheries, energy industry and policy making
  • it is a generis tool that can be used in a variety of situations
101
Q

The Strategic Environmental Assessment (SEA) is focused on decision making at a strategic level (the Environmental Impact Assessment focuses on projects)

what is the process of developing an SEA?

A
  • context, baseline and scoping
  • alternatives and assessment
  • preparing the environmental report
  • consultation
  • monitoring
102
Q

what is pesticide?

A

pesticides and biocides are materials intended to destroy or control harmful organisms

103
Q

what are the pieces of legislation for regulating pesticides and biocides?

A
  • Plant Protection Products Regulation 1107/2009
  • Biocidal Products Regulation 528/2012
104
Q

what is the model for regulating both plant protection and biocidal products?

A

it is a two step procedure:

  • approval of active substances
  • authorisation of plant protection or biocidal products
105
Q

what does the Plant Protection Products (Sustainable Use) Regulations 2012 do

A

it establishes a number of requirements to ensure that authorised products are used in a sustainable way

106
Q

what is the Ramsar Convention?

A

an intergovernmental treaty which provides the framework for conservation and wise use of wetlands and their resources

all the sites are protected under wildlife legislation (through their notification as Sites of Special Scientific Interest)

107
Q

What is the Bern Convention?

A

the aim is to:

  • conserve and protect all wild plants and animals and their natural habitats
  • increase co-operation between states
  • give special protection to the most vulnerable and threatened species (including migratory species)
108
Q

what is Natura 2000?

A

a EU wide network of nature conservation sites comprising Special Areas of Conservation (SAC’s) and Special Protection Areas (SPA’s)

109
Q

what are UK Biosphere Reserves?

A

non-statutory protected areas that are protected for conservation purposes. Nominated by national governments to form part of a world network

110
Q

what are Country or Regional Sites of Importance for Nature Conservation? (SINCs)

A

those sites identified due to their flora and fauna, which are of local or regional importance.

shown on local planning maps to protect them from development which would affect their conservation value

111
Q

what are World Heritage Sites?

A

the convention provides for the identification, protection, conservation and presentation of cultural and natural sites of outstanding universal value

112
Q

what are National Parks?

A

designated under the National Parks and Access to the Countryside Act 1949

two main purposes for the designation:

  • to conserve and enhance the natural beauty, wildlife and cultural heritage of the areas
  • to promote public understanding and enjoyment of the specials qualities of the areas
113
Q

what are Areas of Outstanding National Beauty (AONBs)

A

brought into being under National Parks and Access to the Countryside Act 1949

  • landscapes of national conservation importance for their distinctive character and natural beauty, but located outside National Park boundaries

they are offered the same protection as National Parks

114
Q

what are National Nature Reserve (NNRs)?

A

status granted by the Joint Conservation Committee

areas of high national or international importance for nature conservation

objectives are to secure protection and appropriate management of the most important areas of wildlife habitat and to provide a resource for scientific research

115
Q

what are Local Nature Reserves?

A

created:

  • by LA under Section 21 of the National Parks and Access to the Countryside Act 1949
  • in conjunction with the appropriate national authority in the interest of conservation, amenity value and public enjoyment of the countryside

by laws can be applied to LNRs

116
Q

what are Marine Conservation Zones (MCZs)

A

created to conserve nationally important marine habitats, geology and geomorphology.

specific rule apply for each site based upon the conservation objectives

117
Q

what are Environmentally Sensitive Areas (ESAs)

A

it is an EU designation identifying a statutory area where the government offers incentives to encourage farmers to:
- adopt environmentally sensitive farming practices
- prevent damage that might result from certain types of agricultural intensification
- restore traditional landscape

118
Q

what is a Site of Special Scientific Interest (SSSI’s)

A

an area that has been notified as being of special interest under the Wildlife and Countryside Act 1981

the owners/occupiers of a notified site must not carry out any specified operations on that land, unless first notified the relevant conservation agency and fulfilled any obligations required

119
Q

what are Limestone Pavement Orders (LPOs)

A

it is a site where the removal of rock, ‘or its disturbance in anyway’ without a reasonable excuse becomes a criminal offence with the penalties matching those for SSSI

120
Q

what are UK Special Areas of Conservation (SACs)?

A

created under ‘Habitats Directive’

SACs are selected for
- their importance as natural habitat types and as habitats of the species listed in Annexes I and II of the Directive
- Habitats and species of ‘National Interest’

121
Q

what are UK Special Protection Areas (SPA’s)

A

created under ‘Birds Directive’

it requires the UK to identify and classify the most suitable territories in size and number for rare or vulnerable bird species and for regularly occurring migratory birds

122
Q

what are Tree Preservation Orders (TPOs)

A

made by the LA planning which makes it an offence to cut down, top, lop, uproot, willfully damage or willfully destroy a tree without the planning authority permission

123
Q

what are Conservation Areas?

A

any area of special architectural or historic interest, the character or appearance of which is desirable to preserve or enhance

124
Q

what are Listed Buildings?

A

buildings with special architectural or historic interest

once listed a building is immediately protected by law and any changes to it must first receive listed building consent in addition to LA planning authority.

125
Q

what are Scheduled Monuments?

A

nationally important sites and monuments of deliberately created structures, features and remains.

a building used as a dwelling or for worship cannot be scheduled.

126
Q

what is the aim of Natural Environment and Rural Communities Act 2006?

A

to raise the profile of biodiversity in England and Wales, eventually to a point where biodiversity issues are fully integrated into decision making in the public sector

127
Q
A
128
Q

what does Section 40 of the Natural Environment and Rural Communities Act 2006 require?

A

all public bodies to consider biodiversity in the work that they do

129
Q

what measures can be taken by an organisation to reduce adverse impacts on biodiversity?

A
  • purchasing wood products and timber from sustainable sources
  • using sustainable systems of drainage during scheme to produce new wetland habitats
  • emissions control (eg noise)
  • employing appropriate control techniques during development/maintenance of land/buildings to reduce disruption to plants and animals
  • training and awareness
  • auditing and surveying to assess biodiversity resources
  • location of development away from important sites
  • implementation of measures to enhance the local environment
  • design of sites and buildings to benefit biodiversity
  • management plans for beneficial timing of maintenance work, application of chemicals and removal of vegetation
    using native plant species
  • involving local communities in biodiversity projects
  • control of waste to prevent escape
130
Q

what is the Code of Practice for Planning and Development?

A

it is a British Standard (BS42020:2013) that has been developed to give guidance that makes sure action is taken at each stage of the planning process to ensure sufficient and appropriate ecological information is taken into account

131
Q

what is the standard developed to assist business in biodiversity management?

A

Biodiversity - Guidance for Businesses on Managing Risks and Opportunities (BS8583:2015)

132
Q

what are the protection given to Birds?

A

all wild birds, their nest and eggs are protected by law

the level of protection depends on whether the bird is rare or endangered (Wildlife and Countryside Act 1981)

133
Q

what are the protection given to other animals?

A

only selected species included in Schedule 5 of the Wildlife and Countryside Act 1981 and Schedule 2 of the Conservation of Habitats and Species Regulations 2017 are protected

(these are creatures that are most at risk or endangered)

134
Q

what are the protection given to Plants?

A

Schedule 8 of the Wildlife and Countryside Act 1981 and Schedule 5 of the Conservation of Habitats and Species Regulations 2017 lists the protected species

135
Q

what does schedule 9 of the Wildlife and Countryside Act 1981 state about invasive species

A

that it is an offence to sell or offer to sell for sale non-native species that are listed in Schedule 9.

136
Q

what are the main requirements of the Climate Change Act 2008?

A
  • provision of the framework for a mandatory 100% decrease in GHG emissions in the UK by 2050 in comparison to 1990 levels and a 34% reduction in GHG by 2020
  • introduction of Committee on Climate Change, an independent body to advise the UK government on the climate change risk to the UK
  • three carbon budgets to cap emissions
  • introduction of a domestic emissions trading scheme
  • mandatory GHG reporting

(the UK has committed to a 68% reduction in GHG by 2030 compared to 1990 levels - Paris Agreement)

137
Q

what is the Greenhouse Gas Emissions Trading Scheme Order 2020?

A

a scheme that works on the premise that annually participants are required to surrender allowances that are equivalent to their GHG emissions.

one allowance is equivalent to 1 tonne of GHG

those included in the scheme must monitor, verify and report emissions

138
Q

what is the Climate Change Levy?

A

a tax on the use of energy generated by the combustion of certain fossil fuels. The levy is charged per unit of energy/

if a business is classed as being energy intensive (e.g. chemical or food manufacturer) then a substantial rebate can be negotiated.

the Climate Change Levy was implemented by the Finance Act 2001.

139
Q

what is the Energy Savings Opportunity Scheme Regulations 2014?

A

it requires large organisations to undertake energy assessments every four years

140
Q

what is Part L of teh Building Regulations?

A

this concerns the implementation of energy efficiency measures in buildings.

Requirements include:
- limiting heat losses through the fabric of the building

  • limiting excessive solar gains and heat gains from pipes, ducts and vessels used for space heating, space cooling and hot water storage.
141
Q

what are the four provisions of Energy Performance of Buildings (England and Wales) Regulations 2012 (as amended)?

A
  • an energy performance certificate (EPC) is required to be produced when a building is sold, constructed or rented out
  • a display energy certificate (DEC) must be produced annually for public buildings greater than 1000sq metres
  • regular inspections of air-conditioning systems with an effective rated output of more than 12kW
  • inspections of heating systems over 20kW
142
Q

what are Ecodesign for Energy-Related Products Regulations 2010 (as amended)?

A

require that energy-related products (eg household and office equipment, set top boxes and external power supplies) must not be placed on the market unless they comply with a number of European regulations covering energy efficiency.

if compliant a CE mark or UKCA (UK Conformity Assessment)mark must be affixed.

143
Q

what is Energy Information Regulations 2011 (as amended)

A

suppliers must provide a label and fiche (technical specification on the performance of the product) when placing an energy related product on the mark (eg tumble dryers, A/C, washing machines)

All products must be rated according to their energy efficiency using A to G

144
Q
A

NEBOSH Environmental Diploma - Environmental Regulation NDEM2 2023 (3 decks)

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