Public participation in development – the idea of a development 'jury' servic

Delivering sustainable development requires consideration of social, economic and environmental factors. Many players are involved but in all cases at some point society (the general public) need to have a say. To facilitate this, we need something which we don’t have at present, i.e. a fair, representative, effective, efficient and affordable system to allow public participation in decision maki

The legal framework for offshore wind farms: A critical analysis of the consents process

The impact of the legal framework for the consents process on the rate of development of offshore wind farms in England, and the achievement of targets for renewable electricity generation have been reviewed. From the literature and consulted stakeholders it was found that the complexity of the current consents process has adversely affected the rate of development and the achievement of renewable energy targets. Future projects will be subject to a different legal framework for consents, under the Planning Act 2008 and the Marine and Coastal Access Bill. From a comparison of process diagrams for the current and future consents processes, it is concluded that the future process should be an improvement. However, uncertainties remain about the detailed procedures and operation of the future consenting authorities. The capacity and capability of key stakeholders to meet their obligations have implications for the time frame for the processes of applying for, and the granting of, consents. Furthermore improved engagement from developers and clarity about the role of local authorities are essential if progress is to be made. The need for a holistic and strategic view of the industry, including associated development of the supply chain and the transmission grid, is also highlighted. (C) 2010 Elsevier Ltd. All rights reserved

Impact of European Water Framework Directive Article 7 on Drinking Water Directive compliance for pesticides: challenges of a prevention-led approach

Article 7 of the European Water Framework Directive (WFD) promotes a prevention-led approach to European Drinking Water Directive (DWD) compliance for those parameters that derive from anthropogenic influences on raw water quality. However, the efficacy of pollution prevention interventions is currently uncertain and likely to be variable, which makes absolute compliance with the drinking water standard a significant challenge. Member State governments, the WFD competent authority, the DWD competent authority, water suppliers and agriculture are all affected by and have a different perspective on the nature of this challenge. This paper presents a discussion of these perspectives applicable to stakeholders in all European Member States; the analysis is supported with examples from England and Wales. Improved understanding of the challenges faced by each group is needed if these groups are to achieve the shared goals of WFD Article 7 compliance and DWD compliance without a disproportionately negative impact on agricultural productivity. In addition, the European Commission needs to be aware of and address a potential incompatibility between WFD Article 7 and the DWD. With this in mind, targeted recommendations for action are presented for each stakeholder group

A critical analysis of the riparian rights of water abstractors within England and Wales.

This analysis explores how traditional riparian rights to abstract water have developed into English law. How the balance between private rights and state control is managed by modern society is examined. The main tool has been the use of exemptions. The practicalities faced by the regulator in enforcing the legislation are discussed

The Water Act 2003 and sustainable abstraction

This paper traces the development of the abstraction licensing system in England and Wales from the perspective of changes to water rights. It assesses the relative effectiveness of recent changes to supporting legislation in achieving a sustainable water resource balance. Particular emphasis is placed on actions to address problems caused where licensed abstraction results in environmental damage to designated sites. Water law in England and Wales, as elsewhere, is changing, in response to increasing societal, economic and environmental pressures on the finite water resource, including those recently identified relating to climate change. The Water Act 2003 is the most recent legislation aimed at ensuring sustainable use of water resources. The 1963 Water Act was the first to require that the right to abstraction of surface or groundwater (with some exemptions) was subject to a licence. ‘Permanent’ licences conferring legal rights to take water were issued to riparian occupiers (whose right to water had hitherto been considered part of their right to land), on a ‘first come, first served’ basis, without formal guidelines for justification of required quantities. This reflected the perception of water as a free and plentiful resource, and followed the long established ‘riparian rights’ principle.[1] These riparian rights, and corresponding obligations, which had been shaped by case law, are described by Hodgson [2] as “an integral part of the right of ownership of the land in question”, and as such, the loss of that right would justify some form of compensation. Successive rounds of legislation since 1963, notably the Water Resources Acts (1989, 1991), Environment Act 1995 and most recently the 2003 Act, have increased regulatory control over abstraction (and discharges) to protect the environment as well as the rights of existing abstractors. This has been broadly in response to greater awareness of environmental impacts, the obligation to comply with European Directives, and increasing demands on water resources from a greater and more affluent population. However, none of these laws has challenged the ‘licence of right’ concept, despite the considerable (and partly unused) quantities of water ‘tied up’ in them which could arguably in some cases be more appropriately assigned for other purposes. Caponera [3] suggests that modern water legislation needs to: “replace existing….common law principles with written rules which will facilitate the most rational use of available water through appropriate administrative action”. Hodgson [4] uses the term ‘modern water rights’ for this introduction of formal and explicit water rights, and states that this approach is of benefit to all: (a) society by permitting “the orderly allocation and sustainable use of valuable water resources”; (b) the user, by providing ”the necessary security to invest in activities entailing the use of water” and (c) the regulator because the system is “legally backed”. [1] Evans, B. and Howsam, P., (2005). A critical analysis of the riparian rights of water abstractors within England and Wales. Water Law, (16), p. 90-94. [2] Hodgson, S., (2006). Modern Water Rights, theory and practice. Food and Agriculture Organisation, Rome. p.11. [3] Caponera, D., (1992). Principles of water law and administration National and Internat

Domestic Water Metering - Is the law adequate?

Most domestic properties in England and Wales currently have their water and wastewater charges billed in one of two ways - either as an unmetered charge, based on the property, usually its former rateable value; or as a metered (volumetric) charge, based on a water meter reading. As a general rule, whether an unmetered or metered charging basis would result in a lower bill for a specific customer depends on how much they currently pay, the number of occupiers, and how much water is used

Diffuse pesticide pollution of drinking water sources: impact of legislation and UK responses

Diffuse pesticide pollution is a problem for the environment, but it also presents a challenge for water compa- nies managing treatment infrastructure to produce potable water. The legal framework for this context has three main components: that dealing with pesticides and pesticide use, that dealing with environmental water quality and that dealing with drinking water quality. The study set out to identify, interpret and assess the impact of the legal framework related to this challenge. The study found that the current policy and legislation do not provide a coordinated legal framework and some changes are warranted. For example the Water Framework Directive (WFD) sets environmental quality standards for some, but not all, pesticides. Article 7 provides special protection of water bodies used as sources for drinking water supply, but it is not clear whether the UK will achieve full compliance by 2015. This is a problem for water companies planning investment, because the WFD and Drinking Water Directive remain legally distinct. Further uncertainty arises from the application of Regulation (EC) 1107/2009 and the extent that restricted availability of pesticides will drive changes in agricultural practice and pesticide use

Identifying Adaptation Options and Constraints: The Role of Agronomist Knowledge in Catchment Management Strategy

Water suppliers in parts of Europe currently face occasional Drinking Water Directive compliance challenges for a number of pesticide active substances including metal- dehyde, clopyralid and propyzamide. Water Framework Directive (WFD) Article 7 promotes a prevention-led (catchment management) approach to such issues. At the same time, European pesticide legislation is driving reduced active substance availability. In this context, embedding agronomic drivers of pesticide use into catchment management and regulatory decision making processes can help to ensure that water quality problems are addressed at source without imposition of disproportionate cost on either agriculture or potable water suppliers. In this study agronomist knowledge, perception and expectations of current and possible future pesticide use was assessed and the significance of this knowledge to other stakeholders involved with pesticide catchment management was evaluated. This was then used to provide insight into the possible impacts of active substance restrictions and associated adaptation options. For many arable crops, further restrictions on the range of pesticides available may cause increased use of alternatives (with potential for "pollution swapping"). However, in many cases alternatives are not available, too costly or lack a proven track record and other adaptation options may be selected which catchment managers need to be able to anticipate

Adaptation to climate change: legal challenges for protected areas

Climate change will cause further loss of biodiversity. As negative effects are already taking place, adaptive measures are required to protect biodiversity from the effects of climate change. The EU policy on climate change and biodiversity aims at improving a coherent ecological network in order to have more resilient ecosystems and to provide for connectivity outside core areas. The existing legal framework, the Birds and Habitats Directives, can enable adaptive approaches, by establishing and managing the Natura 2000 network and providing for connectivity measures. However, policy and law so far have mainly been aimed at conserving the status quo of habitats and species within core areas. The question is whether a legal requirement to protect certain species in certain places makes sense when species and even ecosystems are migrating due to climate change. Instead, efforts must be increased to protect ecosystem functions, goods and services from the negative effects of climate change, and to facilitate the ecological restoration of new areas. Even more effort is needed for the implementation of connectivity. If existing legislation proves too weak to face these challenges, a new ‘Ecosystem Framework Directive’ might provide the necessary legal imp