17 research outputs found
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