header-logo header-logo

Environmental terms muddy water

02 September 2011
Issue: 7479 / Categories: Legal News
printer mail-detail

Key terms and concepts within environmental legislation are often “ambiguous”, “opaque” or “provide potential for misunderstanding”

Devolution, the influence of EU legislation, and differing standards of drafting quality within government departments have all led to coherence problems, according to the interim report for a wide-ranging research project being carried out by the UK Environmental Law Association (UKELA) and King’s College London.

According to The state of UK Environmental Legislation in 2011, environmental lawyers may struggle to understand EU legal concepts that are transferred into UK statute law. Consequently, there is confusion about the application of the Habitats Directive in relation to development proposals, and there is so far no workable definition of the meaning of waste.

Devolution creates extra complexity. The interim report states: “While there remains extensive UK-wide environmental legislation, increasingly there are differences, whether with separate pieces of primary legislation being adopted by individual administrations, or varying secondary legislation under UK Acts applying in different devolved administrations.”

“Heavy reliance” on complex guidance documents to flesh out statutory obligations and frequent amendments sometimes muddies the waters further.

Transferring the obligations of EU Directives into a “patchwork” of legislation can create issues of transparency, the interim report states. For example, both the Water and Waste Framework Directives are implemented via an array of different statutes, statutory instruments, ministerial directions, and other means.

UKELA members and working parties have until mid-September to respond to the interim report.

Issue: 7479 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll