THE NEW U.K. ENVIRONMENT AGENCY
By:
Bruce B. Palmer
London
A new environment agency (the "Agency") in the United Kingdom will commence business on April 1, 1996. It was established by the Environment Act of 1995. Like its predecessors, the Agency will have major responsibilities for the management and regulation of the water and environment, as well as controlling industrial pollution wastes. Bringing these responsibilities together in a single national Agency is intended to provide (i) one-stop shopping for environmental matters; (ii) consistency in the application of environmental standards; (iii) reduced administrative costs; and (iv) the avoidance of duplication, thereby offering a more streamlined service to industry and the public.
The Agency is a non-departmental public body which will be managed by a Chairman and a Board consisting of eight to fifteen members appointed by the Minister for the Environment, Minister for Agriculture Fisheries & Food and the Secretary of State for Wales. Regional environmental protection advisory committees were also created and will consist of members with a significant interest in the way the Agency carries out its function. Representation on such committees will be important to the business community to ensure even-handedness in the application of environmental standards.
The main objectives of the Agency are: (i) to adopt an integrated approach to environmental protection and enhancement; (ii) to develop approaches which deliver environmental requirements and goals, without imposing excessive costs; (iii) to adopt clear and effective procedures for serving its customers, including the development of a single point of contact for regulated organizations; (iv) to operate with high professional standards, based on sound science, information and analysis of the environment; (v) to establish sound environmental and management practices and provide value for money; (vi) to provide clear and readily available advice and information on its work; and (vii) to develop a close and responsive working relationship with regulated organizations, local authorities and the public.
The Agency's main statutory responsibilities for regulating and managing the environment are to:
Regulate industrial processes with the greatest potential for pollution;
Regulate the disposal of radioactive waste (except on nuclear licensed sites) and the storage and use of radioactive material;
Regulate the treating, storage, movement and disposal of controlled waste;
Preserve or improve the quality of rivers, estuaries and coastal waters;
Take any action to conserve, redistribute, augment and secure proper use of water resources;
Exercise a general supervision over all matters relating to flood defense;
Maintain, improve and develop salmon, trout, freshwater and eel fisheries;
Promote the conservation and enhancement of inland and coastal waters and their use for recreation;
Maintain and improve non-marine navigation;
Regulate the remediation of designated contaminated land; and
Administer the registration of businesses and exemption schemes in accordance with regulations on producer responsibility.
The Environment Act has established some new powers to deal with contaminated land and imposed some new duties on the Agency relating to pollution control and water management. In the short term, however, the most notable changes will be the requirement for cost-benefit analyses to be undertaken before the Agency's powers are exercised and the establishment of a single point of contact for industry and the public.
