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Discover the principles and regulations of environmental law, the definition of environment and responsibilities in protecting it. This comprehensive guide covers various laws, regulatory approaches, and instruments aimed at safeguarding the environment. Learn about key environmental principles and the functions of environmental law, such as prevention of harm and setting quality standards. Uncover the significance of proactive policies, waste minimization, and integrated pollution protection. Delve into the Environmental Protection Act of 1990 and the definitions it provides. Enhance your understanding of environmental law, its sources, and its role in sustainability and preservation.
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Environmental Law Introduction to Concepts and Principles
Environmental Law • Environment • Economic • Social Growth • Integration
Environmental Law • Sources of Environmental Law Common Law Statutes, statutory instruments, etc European Union law International law Human rights law Does not comprise of one distinct set of rules
Environmental Law • Utilises a combination of regulatory approaches: Licensing conditions; Inspection procedures; Courts; Self-regulation • Includes various laws, regulatory approaches, and instruments in order to protect environment
Environmental Law • Functions of environmental law: • Prevention of harm/damage to the environment • Setting environmental quality standards • Clean up / remediation after the event ? • Who is responsible for improving the quality of the environment? • What do you understand by the term ‘environment’?
Environmental Law • Definition of Environment A definition would include: The health of human beings; the quality of air, rivers, lakes, coastal and marine waters; the quality of food and drinking water; protection against noise; protection against the contamination of soil; protection against deforestation; a prudent use of natural resources; preservation of natural habitats, flora and fauna, landscape and all elements of natural heritage; climate; and the amenity and quality of residential areas.
Environmental Law • Regulation in order to protect, preserve and improve the quality of the environment • Receives greater attention because of increased public awareness: • World Events • Global Environmental Problems (a) Ozone Depletion (b) Climate change / global warming (c) Transboundary air pollution / acidification • Membership of the European Union • Pressure / Interest Groups / Non-Governmental Organisations
Environmental Law Environmental Law as a Discipline • Grown in response to problems of pollution and public health • Distinct sources • Specialised laws; specific definitions • Once Reactive – Now Proactive • Command and control regulation – Information and education – Instruments and incentives – Economic instruments
Environmental Law • Environmental Principles: • Polluter pays • Precaution • Prevention • Sustainable Development Proactive Policies • Waste minimisation • Integrated pollution protection and control
Environmental Law • s1(2) Environmental Protection Act 1990 Defines the environment as: ‘consisting of all, or any, of the following media, namely the air, water and land; and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground., • S1(3) defines pollution of the environment • S1(4) ‘Harm’