Flashcards in L3 - Statutory Law Deck (35):
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?
What are the 2 types of Regulatory Mechanism and can they be used together?
1. Anticipatory Controls
2. 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
1. Environmental Quality Standards
2. Emission Standards
3. Process Standards
4. Product Standards
5. Use Standards
Give 5 Market/Economic Tools
1. Subsides & Grants
2. Deposit & Refund Systems
3. Charges for the administrative cost for operating the regulatory system
4. Charges reflecting the full environmental cost of an activity
5. Charges to finance environmental or pollution control measures
Give 3 types of Self-Regulation
1. Management Stanards
2. Information Based Mechanisms
3. Private Agreements
In what Part of the EPA 1990 is statutory nuisance covered?
Part 3 (Statutory Nuisance and Clean Air)
What is Statutory Nuisance A under S. 79 (1) of EPA 1990?
Any premises in such a state as to be prejudicial to health or a nuisance
What is Statutory Nuisance B under S. 79 (1) of EPA 1990?
Smoke emitted from premies as to be prejudicial to health or a nuisance
What is Statutory Nuisance C under S. 79 (1) of EPA 1990?
Fumes or gases emitted from premises as to be prejudicial to health or a nuisance
What is Statutory Nuisance D under S. 79 (1) of EPA 1990?
Any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance
What is Statutory Nuisance E under S. 79 (1) of EPA 1990?
Any accumulation or deposit, which is prejudicial to health or a nuisance
What is Statutory Nuisance F under S. 79 (1) of EPA 1990?
Any animal kept in such a place or manner as to be prejudicial to health or a nuisance
What is Statutory Nuisance G under S. 79 (1) of EPA 1990?
Noise emitted from premises so to be prejudicial to health or a nuisance
What is Statutory Nuisance Ga under S. 79 (1) of EPA 1990?
Noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street
What is Statutory Nuisance H under S. 79 (1) of EPA 1990?
Any other matter declared by enactment to be a statutory nuisance
What is the main focus of statutory nuisance that makes it differ from common law nuisance?
It focus on the dangers to public health
How can Best Practicable Means be used?
To defend someone who is found liable
Evidence must be what 2 things for the EHO to be satisfied?
Sufficient and Quality
Which section of EPA 1990 states that a notice should be served where a statutory nuisance exists, or is likely to occur or recur?
Section 80 (1)
Is the notice discretionary?
A breach of the notice is a criminal offence under which Section of EPA 1990?
Section 80 (4)
What role can consultations play?
It is difficult to appeal against a notice where a proper consolation has taken place
Give 3 alternatives to notices
1. Public Nuisance Prosecution
2. Public Nuisance Civil Action
3. Declarations, Injunctions and Damages