law Flashcards

(67 cards)

1
Q
A
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2
Q

What does environmental law encompass?

A

Regulations and statutes governing the interaction between humans and the environment, aiming to protect natural resources and public health.

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3
Q

What are key areas of environmental law?

A
  • Pollution control
  • Waste management
  • Biodiversity conservation
  • Climate change mitigation
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4
Q

What influences the legal framework of environmental law?

A

International treaties, national legislation, and local regulations.

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5
Q

What is Common Law?

A

Developed through judicial precedents, allowing flexibility and adaptation in legal interpretations.

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6
Q

What is Statute Law?

A

Formulated by Parliament, providing a formalized structure for legal obligations and rights.

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7
Q

What is Civil Law?

A

Focuses on resolving disputes between individuals or organizations, emphasizing individual rights and duties.

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8
Q

What is Criminal Law?

A

Establishes societal norms and penalties for violations, focusing on public order and safety.

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9
Q

What are the steps of becoming an Act?

A
  • First reading
  • Second reading
  • Committee stage
  • Third reading
  • Other house (Lords)
  • Royal assent
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10
Q

What does Primary Legislation refer to?

A

Acts of Parliament that establish broad legal principles.

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11
Q

What is Secondary Legislation?

A

Detailed regulations that provide specific instructions for implementing primary legislation.

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12
Q

What is Tertiary Legislation?

A

Guidance documents and codes of practice that help interpret and apply laws.

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13
Q

What penalties can result from serious environmental offences?

A

Fines and imprisonment for individuals or organizations.

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14
Q

What are Fixed Penalty Notices?

A

Issued for minor breaches, allowing for quick resolution without court proceedings.

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15
Q

What is the role of the Supreme Court in environmental law?

A

Acts as the final court of appeal for civil and criminal cases, including environmental law disputes.

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16
Q

What is the Environmental Protection Act 1990?

A

Provides the first legally accepted definition of ‘the environment’ in UK law.

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17
Q

What does ISO 14001:2015 define?

A

Defines the environment as the surroundings in which an organization operates, including natural resources and human interactions.

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18
Q

What is the definition of Sustainable Development?

A

Development that meets present needs without compromising the ability of future generations to meet their own needs.

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19
Q

What does the Polluter Pays Principle entail?

A

Those responsible for pollution should bear the costs of cleanup and mitigation.

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20
Q

What is Extended Producer Responsibility?

A

Extends the producer’s responsibility for a product throughout its life cycle, including recovery and recycling.

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21
Q

What is the Precautionary Principle?

A

Advises taking preventive action in the face of uncertainty regarding environmental harm.

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22
Q

What are the four priority areas of the Environment Act 2021?

A
  • Waste and resource efficiency
  • Air quality
  • Water
  • Nature and biodiversity
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23
Q

What is the definition of Waste according to the European Waste Framework Directive?

A

Any substance or object that the holder discards, intends to discard, or is required to discard.

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24
Q

What is Controlled Waste?

A

Waste categorized into household, industrial, or commercial types as per the Controlled Waste (England and Wales) Regulations 2012.

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25
What does the Waste Hierarchy prioritize?
Waste prevention and recycling over disposal.
26
What is the Duty of Care in waste management?
Imposes a duty on all companies and individuals involved in the waste chain to ensure responsible practices.
27
What are the Waste Separation Requirements?
* Residual (non-recyclable) waste * Food waste * Paper and card * All other dry recyclable materials (plastic, metal, glass)
28
What is Hazardous Waste?
Materials that are toxic and dangerous to human health and the environment.
29
What does the Water Resources Act 1991 regulate?
Water management, conservation, and licensing of water abstraction activities.
30
What is the purpose of the Water Industry Act 1991?
Established a regulatory framework for privatized water supply and sewerage.
31
What are the key elements of the Environment Act 1995?
Empowered the Environment Agency to enforce regulations and manage water pollution incidents.
32
What is the significance of the case Alphacell Ltd v Woodward (1972)?
Established strict liability for pollution, emphasizing compliance regardless of intent.
33
What does the EU Water Framework Directive aim for?
Sustainable management of Europe’s water resources, requiring river basin management plans.
34
What is the goal of Sustainable Development Goal (SDG) 6?
Ensure availability and sustainable management of water and sanitation for all by 2030.
35
What does Ofwat set for water services?
Price limits balancing consumer interests and financial viability of water companies.
36
What must businesses producing trade effluent comply with?
Specific conditions outlined in their discharge consents regulated by Ofwat.
37
What can happen if a business does not comply with trade effluent consents?
Enforcement actions by regulatory authorities.
38
What powers does Section 108 of the Environment Act 1995 grant the Environment Agency?
Inspect, sample, and enforce compliance with water quality regulations.
39
What are enforcement undertakings?
Agreements allowing offenders to rectify harm without prosecution.
40
What authority does the Environment Agency have regarding pollution incidents?
The authority to prosecute offenders and recover costs.
41
What do the Environmental Permitting Regulations establish?
A unified permitting process for various activities.
42
What was combined in the 2016 Environmental Permitting Regulations?
Several previous permitting regimes.
43
What must water companies develop under the Environment Act 2021?
Water Resource Management Plans for sustainable management.
44
What do Lead Local Flood Authorities (LLFAs) manage?
Flood risks from surface water, groundwater, and ordinary watercourses.
45
What types of flooding do LLFAs manage?
* Surface Water Flooding * Groundwater Flooding * Ordinary Watercourses * Reservoir Flooding * Sea Flooding
46
What is the aim of enforcement undertakings?
Restore environmental conditions and prevent future violations.
47
What are some benefits of enforcement undertakings?
* Quicker resolution compared to court cases * Flexibility in addressing environmental harm
48
What is a key concern regarding enforcement undertakings?
Effectiveness in deterring future offenses.
49
What do stormwater overflows prevent?
Sewer systems from being overwhelmed during heavy rainfall.
50
What must water companies develop regarding storm overflow management?
Long-term Drainage and Sewerage Management Plans (DSMPs).
51
What does the Climate Change Act 2008 establish?
A framework for the UK to reduce greenhouse gas emissions.
52
What does 'net zero' refer to?
Balancing emissions produced with equivalent offsets.
53
What is the role of the Climate Change Committee (CCC)?
Advise the UK government on emissions targets and report on progress.
54
What does the CCC's 2024 Progress Report emphasize?
Urgency of action and need for rapid implementation of policies.
55
What is the Great British Energy initiative's aim?
Establish a publicly owned clean energy company.
56
What financial aspect does the Great British Energy initiative involve?
Projected cost of £8.3 billion funded partly by closing oil and gas windfall tax loopholes.
57
What are some key international climate agreements?
* UN Vienna Convention for the Protection of the Ozone Layer (1985) * Montreal Protocol (1987) * UN Convention on Climate Change (1992) * Kyoto Protocol (1997) * Paris Agreement (2015)
58
What is the Global Goal on Adaptation (GGA)?
Targets to enhance resilience against climate change effects globally.
59
What is a significant challenge in storm overflow management?
Complete elimination of storm overflows due to aging infrastructure.
60
What does the 25 Year Environment Plan aim to achieve?
Improve UK waters to near-natural states.
61
What do Nationally Determined Contributions (NDCs) relate to?
Commitments submitted every five years by countries under the Paris Agreement.
62
What is a concern regarding the UK’s Third National Adaptation Programme?
Lack of necessary pace and ambition to address climate risks.
63
What is the aim of the Environment Improvement Plan?
Outline specific targets to address pollution from various sources.
64
What is a challenge of climate change legislation?
Balancing economic development with environmental protection.
65
What does the CCC identify as a priority for decarbonisation?
Public sector buildings.
66
What is the aim of the Fund for responding to Loss and Damage (FRLD)?
Assist developing countries vulnerable to climate impacts.
67
What are some challenges of climate change?
* Complexity of monitoring pollution sources * Need for comprehensive international agreements * Balancing human needs with environmental regulation