Environmental Protection Act 1990

Part 1: establishes a general regime by which the Secretary of State, as of 2008^[update] the Secretary of State for Environment, Food and Rural Affairs, can prescribe any process or substance and set limits on it respective of its emissions into the environment. Authorisation and enforcement was originally in the hands of HM Inspectorate of Pollution and local authorities but in 1996 became the responsibility of the Environment Agency (EA) and Scottish Environment Protection Agency (SEPA). Operation of a prescribed process is prohibited without approval and there are criminal sanctions against offenders.

The Act aims to control and reduce pollution

Part 2: sets out a regime for regulation|regulating and licensing the acceptable disposal of controlled waste on land.

Controlled waste is any household, industrial and commercial waste.^[a] Unauthorised or harmful depositing, treatment or disposal of controlled waste is prohibited with prohibition enforced by criminal sanctions. Further, there is a broad duty of care on importers, producers, carriers, keepers, treaters or disposers of controlled waste to prevent unauthorised or harmful activities. Breach of the duty of care is a crime.

The Act demands that the Secretary of State creates a National Waste Strategy for England and Wales, and that SEPA creates a strategy for Scotland. Local authorities have duties to collect controlled waste and to undertake recycling.

There are criminal penalties on households and businesses who fail to co-operate with the local authorities' arrangements. Enforcement of these penalties sometimes proves controversial.^[2]

Part 2a: was inserted by the Environment Act 1995 and defines a scheme of identification and compulsory remedial action for contaminated land.

Part 3: defines a class of statutory nuisances over which the local authority can demand remedial action supported by criminal penalties.

Part 4: defines a set of criminal offences concerning litter.

Part 5: defines a regime of statutory notification and risk assessment for genetically modified organisms (GMOs). There are duties with respect to the import, acquisition, keeping, release or marketing of GMOs and the Secretary of State has the power to prohibit specific GMOs if there is a danger of environmental damage.

Part 6: of the Act created three new organisations: the Nature Conservancy Council for England, the Nature Conservancy Council for Scotland, and the Countryside Council for Wales. Since 1990, the English and Scottish councils have been the subject of considerable reorganisation and, as of 2008, only the Welsh council is still governed by the Act.

The Act superseded the requirements under section 1(1)(d) of the Health and Safety at Work etc. Act 1974 in respect of controlling noxious emissions.^[b]

In the operating year 2005/ 2006, the EA brought 880 prosecutions with an average fine of about £1,700, and 736 in 2006/2007 with an average fine of £6,773. There have also been sentences of imprisonment, including two of over sixteen months in 2006/ 2007.^[3]

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Chemical substance

Chemical substance

A chemical substance is a form of matter having constant chemical composition and characteristic properties. Some references add that chemical substance cannot be separated into its constituent elements by physical separation methods, i.e., without breaking chemical bonds. Chemical substances can be simple substances, chemical compounds, or alloys.

Local government in the United Kingdom

Local government in the United Kingdom

Local government in the United Kingdom has origins that pre-date the United Kingdom itself, as each of the four countries of the United Kingdom has its own separate system. For an overview, see Administrative geography of the United Kingdom. For details, see:Local government in England Local government in Northern Ireland Local government in Scotland Local government in Wales

Environment Agency

Environment Agency

The Environment Agency (EA) is a non-departmental public body, established in 1996 and sponsored by the United Kingdom government's Department for Environment, Food and Rural Affairs, with responsibilities relating to the protection and enhancement of the environment in England.

Duty of care

Duty of care

In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of law between individuals who have no current direct relationship but eventually become related in some manner, as defined by common law.

National Waste Strategy

National Waste Strategy

The National Waste Strategy is a policy of the Parliament of the United Kingdom as well as the devolved administrations in Scotland, Wales and Northern Ireland. The development of national waste strategies is intended to foster a move to sustainability in waste management within the United Kingdom.

Local government in England

Local government in England

Local government in England broadly consists of three layers: regional authorities, local authorities and parish councils. Legislation concerning English local government is passed by Parliament, as England does not have a devolved parliament.

Recycling

Recycling

Recycling is the process of converting waste materials into new materials and objects. This concept often includes the recovery of energy from waste materials. The recyclability of a material depends on its ability to reacquire the properties it had in its original state. It is an alternative to "conventional" waste disposal that can save material and help lower greenhouse gas emissions. It can also prevent the waste of potentially useful materials and reduce the consumption of fresh raw materials, reducing energy use, air pollution and water pollution.

Environment Act 1995

Environment Act 1995

The Environment Act 1995, passed under the ministerial tutelage of John Gummer, is a United Kingdom Act of Parliament which created a number of new agencies and set new standards for environmental management.

Contaminated land

Contaminated land

Contaminated land contains substances in or under the land that are definitively or potentially hazardous to health or the environment. These areas often have a long history of industrial production and industrial farming. Many sites may be affected by their former uses such as mining, industry, chemical and oil spills and waste disposal. Areas that were previously industrial areas, called brownfield sites, are higher risk areas.

Nuisance

Nuisance

Nuisance is a common law tort. It means something which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir James Fitzjames Stephen as,"an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majesty's subjects".

Risk assessment

Risk assessment

Risk assessment determines possible mishaps, their likelihood and consequences, and the tolerances for such events. The results of this process may be expressed in a quantitative or qualitative fashion. Risk assessment is an inherent part of a broader risk management strategy to help reduce any potential risk-related consequences.

Genetically modified organism

Genetically modified organism

A genetically modified organism (GMO) is any organism whose genetic material has been altered using genetic engineering techniques. The exact definition of a genetically modified organism and what constitutes genetic engineering varies, with the most common being an organism altered in a way that "does not occur naturally by mating and/or natural recombination". A wide variety of organisms have been genetically modified (GM), from animals to plants and microorganisms. Genes have been transferred within the same species, across species, and even across kingdoms. New genes can be introduced, or endogenous genes can be enhanced, altered, or knocked out.

The Act implements the European Union Waste Framework Directive in England and Wales and Scotland.^[4][5]

The Act was intended to strengthen pollution controls and support enforcement with heavier penalties. Before the Act there had been separate environmental regulation of air, water and land pollution and the Act brought in an integrated scheme that would seek the "best practicable environmental option". There was previously no uniform system of licensing or public right of access to information. The split of the Nature Conservancy Council (NCC) into English, Welsh and Scottish bodies was controversial. Purportedly forced on Secretary of State Chris Patten by Secretary of State for Scotland Malcolm Rifkind and forestry minister Lord Sanderson, some saw it as "punishment" for the vigorous opposition the NCC had mounted to afforestation in the Flow Country.^[1]

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European Union

European Union

The European Union (EU) is a supranational political and economic union of 27 member states that are located primarily in Europe. The union has a total area of 4,233,255.3 km2 (1,634,469.0 sq mi) and an estimated total population of nearly 447 million. The EU has often been described as a sui generis political entity combining the characteristics of both a federation and a confederation.

Nature Conservancy Council

Nature Conservancy Council

The Nature Conservancy Council (NCC) was a United Kingdom government agency responsible for designating and managing National Nature Reserves and other nature conservation areas in Great Britain between 1973 and 1991.

Chris Patten

Chris Patten

Christopher Francis Patten, Baron Patten of Barnes, is a British politician who was the 28th and last Governor of Hong Kong from 1992 to 1997 and Chairman of the Conservative Party from 1990 to 1992. He was made a life peer in 2005 and has been Chancellor of the University of Oxford since 2003. He is also the one of only two living former governors of Hong Kong with Sir David Wilson.

Secretary of State for Scotland

Secretary of State for Scotland

The secretary of state for Scotland, also referred to as the Scottish secretary, is a secretary of state in the Government of the United Kingdom, with responsibility for the Scotland Office. The incumbent is a member of the Cabinet of the United Kingdom.

Malcolm Rifkind

Malcolm Rifkind

Sir Malcolm Leslie Rifkind is a British politician who served in the cabinets of Margaret Thatcher and John Major from 1986 to 1997, and most recently as chair of the Intelligence and Security Committee of Parliament from 2010 to 2015.

Charles Sanderson, Baron Sanderson of Bowden

Charles Sanderson, Baron Sanderson of Bowden

(Charles) Russell Sanderson, Baron Sanderson of Bowden is a British Conservative Party politician and a life peer. He was a member of the House of Lords from 1985 until his retirement in 2018.

Afforestation

Afforestation

Afforestation is the establishment of a forest or stand of trees (forestation) in an area where there was no previous tree cover. Many government and non-governmental organizations directly engage in afforestation programs to create forests and increase carbon capture. Afforestation is an increasingly sought-after method to fight climate concerns, as it is known to increase the soil quality and organic carbon levels into the soil, avoiding desertification. Afforestation is mainly done for conservational and commercial purposes.

Flow Country

Flow Country

The Flow Country is a large, rolling expanse of peatland and wetland area of Caithness and Sutherland in the North of Scotland. It is the largest expanse of blanket bog in Europe, and covers about 4,000 km2 (1,500 sq mi). It is an area of deep peat, dotted with bog pools and a very important habitat for wildlife, as well as climate change mitigation. As peat is largely made up of the remains of plants, which are themselves made up of carbon, it locks up large stores of carbon for thousands of years. This carbon would otherwise be released to the atmosphere and contribute to global warming. The Flow Country is currently being considered as a potential World Heritage Site on account of its unparalleled blanket bog habitat. It could be part of the Global Peatlands Initiative.

The Secretary of State has the power to prescribe specific processes and substances by statutory instrument.^[c] The power was exercised by the Environmental Protection (Prescribed Processes and Substances) Regulations 1991^[6] which have been amended several times. Further, the Secretary of State can make regulations to fix emission standards on prescribed processes and substances.^[d]

Once a process is prescribed, it can only be operated on authorisation from the enforcing authority.^[e] Applications must be made to the authority^[f] and the authority can refuse authorisation or give it subject to conditions.^[g] The authorisation is transferable to somebody else who takes over the undertaking provided that the enforcing authority is notified.^[h] The enforcing authority can revoke the authorisation^[i] or vary its conditions^[j] and the operator can apply to have the conditions varied.^[k]

The 1991 regulations were revoked for England and Wales by the Environmental Permitting (England and Wales) Regulations 2007.^[7] Permitting is now regulated by the Environmental Permitting (England and Wales) Regulations 2010.^[8] The 1991 regulations remain in force in Scotland, although they are in practice superseded by the Pollution Prevention and Control (Scotland) Regulations 2000 and 2012 made under the Pollution Prevention and Control Act 1999.

Enforcement

Processes are stipulated as subject to either central control by the EA or SEPA, or local control by the local authority but only with respects to atmospheric pollution.^[l] Such an enforcing authority can issue an enforcement notice or prohibition notice on a noncompliant operator^[m] and there are criminal penalties including fines and imprisonment for violations.^[n]

An operator may appeal a decision about the issue of authorisation, conditions, enforcement or prohibition to the Secretary of State who may hold a hearing or public inquiry.^[o]

Enforcing authorities must provide public information on applications, authorisations and enforcement so long as confidentiality and national security are protected.^[p]

Controlled waste

Waste is defined as any substance or object within very broad categories set out in Schedule 2B "which the holder discards or intends or is required to discard".^[q] Controlled waste is "household, industrial and commercial waste or any such waste".^[r] The exact definition covers a very broad range of waste.

The meaning of discard was considered by the European Court of Justice in 2002, where it was held:^[9]

The term discard must be interpreted in light of the aim of Directive 75/442 which, according to its third recital, is the protection of human health and the environment against harmful effects caused by the collection, transport, treatment, storage and tipping of waste, and Article 174(2) EC which provides that community policy on the environment is to aim at a high level of protection and is to be based, in particular, on the precautionary principle and the principle that preventive action should be taken. It follows that the concept of waste cannot be interpreted restrictively. More specifically, the question whether a given substance is waste must be determined in the light of all the circumstances, regard being had to the aim of Directive 75/442 and the need to ensure that its effectiveness is not undermined.

Unauthorised or harmful deposit, treatment or disposal of controlled waste

No person may "treat, keep or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health".^[s]

Except in the case of domestic household waste treated or kept or disposed of on the premises, no person may:

• Deposit controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited in or on any land unless a waste management licence authorising the deposit is in force and the deposit is in accordance with the licence;^[t] or
• Treat, keep or dispose of controlled waste, or knowingly cause or knowingly permit controlled waste to be treated, kept or disposed of:
  • In or on any land; or
  • By means of any mobile plant;

— except under and in accordance with a waste management licence.

Duty of care in respect of waste

Section 34(1) imposes a duty on "any person who imports, produces, carries, keeps, treats or disposes of controlled waste or, as a broker, has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances":

• To prevent any contravention by any other person of section 33;
• To prevent any contravention of certain (i.e. specific) provisions of the Pollution Prevention and Control Regulations;
• To prevent the escape of the waste from his control or that of any other person; and
• On the transfer of the waste, to secure:
  • That the transfer is only to an authorised person or to a person for authorised transport purposes; and
  • That there is transferred such a written description of the waste as will enable other persons to avoid a contravention section 33 or the Pollution Prevention and Control Regulations.

Under section 34(2) an occupier of domestic property must, as respects the household waste produced on the property, take reasonable steps to secure that any transfer of waste is only to an authorised person or to a person for authorised transport purposes but has none of the other section 34(1) duties.

Authorised persons include local authorities who have responsibility for waste collection, persons licensed to manage or registered to transport waste or otherwise exempt persons.^[u]

Section 34(5) allows the Secretary of State to make regulations as to retention of documents and the Environmental Protection (Duty of Care) Regulations 1991^[10] stipulate that:

• All transfers of controlled waste must be accompanied by a transfer note;^[11]
• Copies of all transfer notes must be kept for two years;^[12] and
• Transfer notes must be available to the enforcement authority.^[13]

Waste management licences

Licences are issued by waste management authorities and may be subject to conditions.^[v] The Secretary of State may make regulations about what is to be included in the licence as a condition.^[w][14][15] Licences are transferable^[x] and decisions as to refusal to grant a licence or as to conditions can be appealed to the Secretary of State.^[y]·

National and local government responsibilities

Sections 44A and 44B were added by the Environment Act 1995 and require the development of national waste strategies for England and Wales, and Scotland respectively.^[16]

A typical wheelie bin household waste receptacle

Section 45 requires waste collection authorities, usually local authorities, to collect household waste unless it is in an isolated location or arrangements can reasonably be expected to be made by the person who controls the waste. They may also collect commercial waste if requested to do so, but are not obliged to provide this service. Industrial waste can only be collected with the consent of the waste disposal authority.^[z] No charge is to be made for collecting household waste, unless the Secretary of State makes regulations specifying certain (i.e. specific) collections that must be paid for.^[aa] A reasonable charge is to be made for commercial waste collection (s.45(4)). Waste collection authorities have responsibilities for emptying privies and cesspools^[ab] and have the power to lay pipes, sewers and other infrastructure to collect waste.^[ac] Waste collected by a waste collection authority is the property of the authority.^[ad]

The authority can give a householder notice that waste must be disposed of in a specified receptacle, and in a specified manner.^[ae] It is a crime to fail, without reasonable excuse, to observe such requirements. On summary conviction in a magistrates' court, an offender can be fined up to level 3 on the standard scale.^[af]

Authorities also have powers over receptacles for commercial and industrial waste.^[ag] There is a system of fixed penalty notices for offences under these sections.^[ah] Where controlled waste is deposited on land within their responsibilities, authorities may give notice to the occupier to remove it.^[ai] It is a crime to disturb or sort over, unless with consent, waste deposited for collection by the waste collection authority. On summary conviction in a magistrates' court, an offender can be fined up to level 5 on the standard scale.^[aj]

Waste collection authorities must deliver the waste to waste disposal authorities unless they intend to recycle it themselves.^[ak] Waste disposal authorities must dispose of the waste and also provide facilities for householders to deposit their own waste.^[al]

From 31 December 2010, waste collection authorities in England must make arrangements for the separate collection of at least two types of recyclable waste unless it would be unreasonably costly to do so.^[am] The Welsh National Assembly has the power to extend this to Wales.^[an] Section 55 gives waste disposal authorities and waste collection authorities powers to recycle waste.

A disposal authority may:

• Make arrangements to recycle waste;
• Make arrangements to use waste to produce heat or electricity;
• Buy or otherwise acquire waste with a view to its being recycled;
• Use, sell or otherwise dispose of waste, or anything produced from such waste.

A waste collection authority may:

• Buy or otherwise acquire waste with a view to recycling it;
• Use, or dispose of by way of sale or otherwise to another person, waste belonging to the authority or anything produced from such waste.

Enforcement

Breach of sections 33 and 34 is a crime and penalties for serious offences by businesses can extend to unlimited fines, imprisonment, seizure of vehicles and clean-up costs.

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European Court of Justice

European Court of Justice

The European Court of Justice (ECJ), formally just the Court of Justice,, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU).

Recital (law)

Recital (law)

In law, a recital consists of an account or repetition of the details of some act, proceeding or fact. Particularly, in law, that part of a legal document—such as a lease, which contains a statement of certain facts—contains the purpose for which the deed is made.

Precautionary principle

Precautionary principle

The precautionary principle is a broad epistemological, philosophical and legal approach to innovations with potential for causing harm when extensive scientific knowledge on the matter is lacking. It emphasizes caution, pausing and review before leaping into new innovations that may prove disastrous. Critics argue that it is vague, self-cancelling, unscientific and an obstacle to progress.

Causation (law)

Causation (law)

Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the actus reus from which the specific injury or other effect arose and is combined with mens rea to comprise the elements of guilt. Causation only applies where a result has been achieved and therefore is immaterial with regard to inchoate offenses.

Mens rea

Mens rea

In criminal law, mens rea is the mental state of the crime committed and the legal determination of a crime may depend upon both a mental state and actus reus, like the designation of a homicide as murder is a matter of intention to commit a crime or in some jurisdictions knowledge that one's action would cause a crime to be committed. The mitigation of culpability under some established legal doctrines may reduce the severity of some criminal charges, and so mental state is an element of most crimes, other than crimes of strict liability.

Outhouse

Outhouse

An outhouse is a small structure, separate from a main building, which covers a toilet. This is typically either a pit latrine or a bucket toilet, but other forms of dry (non-flushing) toilets may be encountered. The term may also be used to denote the toilet itself, not just the structure.

Sanitary sewer

Sanitary sewer

A sanitary sewer is an underground pipe or tunnel system for transporting sewage from houses and commercial buildings to a sewage treatment plant or disposal. Sanitary sewers are a type of gravity sewer and are part of an overall system called a "sewage system" or sewerage. Sanitary sewers serving industrial areas may also carry industrial wastewater. In municipalities served by sanitary sewers, separate storm drains may convey surface runoff directly to surface waters. An advantage of sanitary sewer systems is that they avoid combined sewer overflows. Sanitary sewers are typically much smaller in diameter than combined sewers which also transport urban runoff. Backups of raw sewage can occur if excessive stormwater inflow or groundwater infiltration occurs due to leaking joints, defective pipes etc. in aging infrastructure.

Property

Property

Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away, or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights.

Magistrates' court (England and Wales)

Magistrates' court (England and Wales)

In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.

Fine (penalty)

Fine (penalty)

A fine or mulct is a penalty of money that a court of law or other authority decides has to be paid as punishment for a crime or other offense. The amount of a fine can be determined case by case, but it is often announced in advance.

Standard scale

Standard scale

The standard scale is a system in Commonwealth law whereby financial criminal penalties (fines) in legislation have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legislators need to modify only the scale rather than every individual piece of legislation.

Fixed penalty notice

Fixed penalty notice

In the United Kingdom, a fixed penalty notice (FPN) is a notice giving an individual the opportunity to be made immune from prosecution for an alleged criminal offence in exchange for a fee. Fixed penalty notices were introduced in Britain in the 1980s to deal with minor parking offences. Originally used by police and traffic wardens, their use has extended to other public officials and authorities, as has the range of offences for which they can be used.

Contaminated land is "any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that":^[ao]

• "Significant harm is being caused or there is a significant possibility of such harm being caused; or
• Significant pollution of the water environment is being caused or there is a significant possibility of such pollution being caused."

Contaminated land

The Act does not apply to contamination from radioactivity (s.78YC) but similar provisions have been made under subsequent regulations.^[17][18]

Local authorities have a duty periodically to survey their locality and, using guidance defined by the Secretary of State,^[19] to designate contaminated land as a special site, advising the EA or SEPA.^[ap] The authority, EA or SEPA must then serve a remediation notice on the appropriate person.^[aq]

The appropriate person responsible for remedial work is "any person, or any of the persons, who caused or knowingly permitted the substances" giving rise to the designation "to be in, on or under that land".^[ar] If no such person can be identified after reasonable enquiries, the present owner or occupier is the appropriate person.^[as] Any persons controlling other land to which access is required for remediation must grant such access and may apply to the appropriate person for compensation.^[at] The appropriate person is deemed to be responsible for remediation of other land into which substances have escaped.^[au]

The appropriate person may appeal a notice within 21 days to:^[av]

• A magistrates' court, or a sheriff court in Scotland, where the notice was served by the local authority; or
• The Secretary of State, where the notice was served by the EA or SEPA.

There is a further right of appeal from the magistrates' court to the High Court.^[20] but ultimately it is a crime not to comply with a notice.^[aw] The local authority, EA or SEPA can perform the remedial work themselves if the appropriate person cannot be found, defaults or requests that they do so.^[ax] The authority have discretion as to whether to make the appropriate person responsible for the costs.^[ay]

Local authorities, the EA and SEPA must maintain a register of notices that is publicly available, save for reasons of confidentiality and national security.^[az]

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Service of process

Service of process

Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party, court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding before the court, body, or other tribunal.

Magistrates' court (England and Wales)

Magistrates' court (England and Wales)

In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.

Sheriff court

Sheriff court

A sheriff court is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to £100,000, and with the jurisdiction to hear any criminal case except treason, murder, and rape, which are in the exclusive jurisdiction of the High Court of Justiciary. Though the sheriff courts have concurrent jurisdiction with the High Court over armed robbery, drug trafficking, and sexual offences involving children, the vast majority of these cases are heard by the High Court. Each court serves a sheriff court district within one of the six sheriffdoms of Scotland. Each sheriff court is presided over by a sheriff, who is a legally qualified judge, and part of the judiciary of Scotland.

High Court of Justice

High Court of Justice

The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC for legal citation purposes.

Section 79 defines several statutory nuisances:

• Any premises in such a state as to be prejudicial to health or a nuisance;
• Smoke emitted from premises so as to be prejudicial to health or a nuisance;
• Fumes or gases emitted from premises so as to be prejudicial to health or a nuisance;
• Any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance;
• Any accumulation or deposit which is prejudicial to health or a nuisance;
• Any animal kept in such a place or manner as to be prejudicial to health or a nuisance;
• Noise emitted from premises so as to be prejudicial to health or a nuisance; and
• Noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment on a highway, road, footway, square or court open to the public.

Some exclusions from these categories exist including contaminated land,^[ba] activities of the armed forces,^[bb] some categories of smoke and dark smoke,^[bc] traffic^[bd] and demonstrations.^[be]

Local authorities have a duty to make periodic inspections of their area or in response to a complaint from the public.^[bf] The local authority shall serve an offending occupier with an abatement notice to cease the nuisance.^[bg] The occupier can appeal the notice, within 21 days, to a magistrates' court, in England and Wales, or a sheriff court in Scotland.^[bh] Otherwise, it is a crime to fail, without reasonable excuse, to comply with the notice,^[bi] punishable on summary conviction by a fine at level 5 of the standard scale, rising by ten percent for every further day on which the nuisance continues.^[bj] If the offence is committed by the occupier of business premises, the maximum fine is £40,000.^[bk] Where the notice is not complied with, the local authority may take reasonable action to abate the nuisance and recover the expenses from the occupier,^[bl] if necessary by installments or by making a charge on the property.^[bm]

Any person aggrieved by a statutory nuisance may make a complaint to the magistrates or sheriff.^[bn] The court can order the occupier to abate the damage and, in England and Wales only, impose a fine of up to level 5 on the standard scale.^[bo] It is a crime, without reasonable excuse, to disobey such an order, punishable on summary conviction by a fine at level 5 of the standard scale, rising by ten percent for every further day on which the nuisance continues.^[bp] Sch.3, s.2 provides a power to a magistrates' court to grant a warrant of entry to a local authority for ascertaining whether there exists a statutory nuisance, and taking any action or executing any work to abate it.^[21]

Section 84 repeals local authority controls over offensive trades under the Public Health Act 1936.

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Health

Health

Health, according to the World Health Organization, is "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity". A variety of definitions have been used for different purposes over time. Health can be promoted by encouraging healthful activities, such as regular physical exercise and adequate sleep, and by reducing or avoiding unhealthful activities or situations, such as smoking or excessive stress. Some factors affecting health are due to individual choices, such as whether to engage in a high-risk behavior, while others are due to structural causes, such as whether the society is arranged in a way that makes it easier or harder for people to get necessary healthcare services. Still, other factors are beyond both individual and group choices, such as genetic disorders.

Nuisance

Nuisance

Nuisance is a common law tort. It means something which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir James Fitzjames Stephen as,"an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majesty's subjects".

Smoke

Smoke

Smoke is a suspension of airborne particulates and gases emitted when a material undergoes combustion or pyrolysis, together with the quantity of air that is entrained or otherwise mixed into the mass. It is commonly an unwanted by-product of fires, but may also be used for pest control (fumigation), communication, defensive and offensive capabilities in the military, cooking, or smoking. It is used in rituals where incense, sage, or resin is burned to produce a smell for spiritual or magical purposes. It can also be a flavoring agent and preservative.

Gas

Gas

Gas is one of the four fundamental states of matter. The others are solid, liquid, and plasma.

Dust

Dust

Dust is made of fine particles of solid matter. On Earth, it generally consists of particles in the atmosphere that come from various sources such as soil lifted by wind, volcanic eruptions, and pollution. Dust in homes is composed of about 20–50% dead skin cells. The rest, and in offices, and other human environments is composed of small amounts of plant pollen, human hairs, animal fur, textile fibers, paper fibers, minerals from outdoor soil, burnt meteorite particles, and many other materials which may be found in the local environment.

Odor

Odor

An odor or odour is caused by one or more volatilized chemical compounds that are generally found in low concentrations that humans and many animals can perceive via their sense of smell. An odor is also called a "smell" or a "scent", which can refer to either a pleasant or an unpleasant odor.

Animal

Animal

Animals are multicellular, eukaryotic organisms in the biological kingdom Animalia. With few exceptions, animals consume organic material, breathe oxygen, are able to move, can reproduce sexually, and grow from a hollow sphere of cells, the blastula, during embryonic development. Over 1.5 million living animal species have been described—of which around 1 million are insects—but it has been estimated there are over 7 million animal species in total. Animals range in length from 8.5 micrometres (0.00033 in) to 33.6 metres (110 ft). They have complex interactions with each other and their environments, forming intricate food webs. The scientific study of animals is known as zoology.

Noise

Noise

Noise is unwanted sound considered unpleasant, loud or disruptive to hearing. From a physics standpoint, there is no distinction between noise and desired sound, as both are vibrations through a medium, such as air or water. The difference arises when the brain receives and perceives a sound.

Service of process

Service of process

Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party, court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding before the court, body, or other tribunal.

Appeal

Appeal

In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century.

Sheriff court

Sheriff court

A sheriff court is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to £100,000, and with the jurisdiction to hear any criminal case except treason, murder, and rape, which are in the exclusive jurisdiction of the High Court of Justiciary. Though the sheriff courts have concurrent jurisdiction with the High Court over armed robbery, drug trafficking, and sexual offences involving children, the vast majority of these cases are heard by the High Court. Each court serves a sheriff court district within one of the six sheriffdoms of Scotland. Each sheriff court is presided over by a sheriff, who is a legally qualified judge, and part of the judiciary of Scotland.

Court order

Court order

A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a judge; some jurisdictions may also require it to be notarized.

Section 87 creates the criminal offence of leaving litter.

"If any person throws down, drops or otherwise deposits in, into or from any place to which this section applies, and leaves, any thing whatsoever in such circumstances as to cause, or contribute to, or tend to lead to, the defacement by litter of any place to which this section applies, he shall ... be guilty of an offence"

— Environmental Protect Act 1990 s.87(1)

There are exceptions where the person has lawful authorisation or consent.^[bq] Offenders can, on summary conviction in a magistrates' court, be sentenced to a fine of up to level 4 on the standard scale.^[br]

There is also a system of fixed penalty notices.^[bs] Local authorities and central government have duties to keep roads, highways and public spaces free from litter.^[bt] Members of the public who are aggrieved by litter in public places can apply to a magistrates' court for an abatement notice to order the responsible public body to carry out its duties under section 89.^[bu] Public authorities also have powers to issue litter abatement notices and litter clearing notices on the occupiers of certain (i.e. specific) premises to order clearing of litter.^[bv] Occupiers can appeal against a notice to the magistrates' court within 21 days^[bw] but it is otherwise a crime to disobey a notice, punishable on summary conviction to a fine of up to level 4 on the standard scale.^[bx] A local authority may also issue street litter control notices to occupiers of certain (i.e. specific) premises, such as take away food establishments, to keep the street and public areas near to their premises clear of litter.^[by]

Local authorities have the power to designate land in order to prevent the distribution of free printed material, such as advertising flyers. Offenders face summary conviction in a magistrates' court and a fine of up to level 4 on the standard scale, seizure of the material or a fixed penalty notice^[bz] Local authorities may seize abandoned shopping trolleys and luggage trolleys, returning them to their owner and imposing a statutory fee, or otherwise disposing of them.^[ca]

Some of the provisions of this part were repealed and superseded by the Clean Neighbourhoods and Environment Act 2005.

Discover more about Part IV - Litter related topics

Standard scale

Standard scale

The standard scale is a system in Commonwealth law whereby financial criminal penalties (fines) in legislation have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legislators need to modify only the scale rather than every individual piece of legislation.

Fixed penalty notice

Fixed penalty notice

In the United Kingdom, a fixed penalty notice (FPN) is a notice giving an individual the opportunity to be made immune from prosecution for an alleged criminal offence in exchange for a fee. Fixed penalty notices were introduced in Britain in the 1980s to deal with minor parking offences. Originally used by police and traffic wardens, their use has extended to other public officials and authorities, as has the range of offences for which they can be used.

Highway

Highway

A highway is any public or private road or other public way on land. It is used for major roads, but also includes other public roads and public tracks. In some areas of the United States, it is used as an equivalent term to controlled-access highway, or a translation for autobahn, autoroute, etc.

Take-out

Take-out

Take-out or takeout ; carry-out or to-go ; takeaway ; takeaways ; grab-n-go; and parcel is a prepared meal or other food items, purchased at a restaurant or fast food outlet with the intent to eat elsewhere. A concept found in many ancient cultures, take-out food is common worldwide, with a number of different cuisines and dishes on offer.

Flyer (pamphlet)

Flyer (pamphlet)

A flyer is a form of paper advertisement intended for wide distribution and typically posted or distributed in a public place, handed out to individuals or sent through the mail. In the 2010s, flyers range from inexpensively photocopied leaflets to expensive, glossy, full-color circulars. There are also digital flyers, similar to the printed ones, but can be shared on the internet.

Shopping cart

Shopping cart

A shopping cart, trolley, or buggy, also known by a variety of other names, is a wheeled cart supplied by a shop or store, especially supermarkets, for use by customers inside the premises for transport of merchandise as they move around the premises, while shopping, prior to heading to the checkout counter, cashiers or tills. Increasing the amount of goods a shopper can collect increases the quantities they are likely to purchase in a single trip, boosting store profitability.

Baggage cart

Baggage cart

Baggage carts, luggage carts, luggage trolleys or trolleys are small vehicles pushed by travelers (human-powered) to carry individual luggage, mostly suitcases. There are two major sizes: One for big luggage and one for small luggage. Carts have usually two parts for carrying luggage: A small section (basket) for carry on luggage at the same level as the handle, and a lowered large section for suitcases a small and large bags.

Clean Neighbourhoods and Environment Act 2005

Clean Neighbourhoods and Environment Act 2005

The Clean Neighbourhoods and Environment Act 2005 is an Act of the Parliament of the United Kingdom. It implements proposals contained in the Clean Neighbourhoods consultation launched on 25 July 2004.

Part V made a number of amendments to the Radioactive Substances Act 1960, including in relation to the appointment of inspectors and assistant inspectors, fees in respect of registrations, enforcement powers and application of the Act to Crown and United Kingdom Atomic Energy Authority premises.

It was repealed by the Radioactive Substances Act 1993,^[22] which consolidated the 1960 Act.

Part VI contains provision intended to ensure that "all appropriate measures are taken to avoid damage to the environment which may arise from the escape or release from human control of genetically modified organisms".^[23] These include limitations on the import, acquisition, keeping, release or marketing of GMOs.