7 Matching Annotations
  1. Jan 2019
    1. If a serious breach of air pollution limit values occurred in a Local Air QualityManagement Area, the OEP may wish to commence enforcement proceedings (vianotices) against both the Local Authority in question, which has obligations underPart IV of the Environment Act 1995 to put in place an action plan to deliverpollution reduction measures, and the Secretary of State for Environment, Food andRural Affairs, who has a duty under the Air Quality (Standards) Regulations 2010 toensure compliance with limit values

      Does the complainant have to know (all of those) who caused the issue they are complaining about?

    2. T

      Timeline above suggests that the OEP would have indefinite time for investigations. is this good or bad?

    3. bodies in Northern Ireland, Scotland and Wales responsible for implementing environmental law will not be covered by the remit of the OEP in respect of devolved matters. If, however, they were responsible for implementing environmental law in respect of any reserved matters, they would fall under the definition of ‘public authority’ and therefore be within the remit of the OEP in respect of those reserved matters

      what reserved matters could to body serve upon in it's current formulation?

    4. in the event the UK leaves the jurisdiction of the EU institutions before the OEP is fully established (for instance in a ‘no deal’ scenario), it would still be able to take action against failings which occurred after the UK’s date of exit but before it was fully established.

      Filling the no deal gap

    5. Subsection (4) sets out certain types of case which the OEP should seek to prioritise when developing and reviewing its complaints and enforcement policy. In particular, the OEP must prioritise those cases that it considers have, or may have national implications. The definition of national implications will be for the OEP to determine, but this provision is intended to steer the OEP to act in cases with broader, or more widespread significance, rather than those of primarily local concern. For example, an individual local planning or environmental permitting decision would not normally have national implications, whereas a matter with impacts or consequences which go beyond specific local areas or regions could have.

      determining which issues the OEP should take on due to national significance.

    6. missions of greenhouse gases (within the meaning of the ClimateChange Act 2008), but not the subject matter of the FluorinatedGreenhouse Gases Regulations 2015 (S.I. 2015/310);(b) disclosure of or access to information;(c) the armed forces, defence or national security;(d) taxation, spending or the allocation of resources within government

      Things that are excluded from the remit of the OEP

    7. nforcement(1) The OEP may make a review application in relation to conduct described in adecision notice given to a public authority as a failure of the authority tocomply with environmental law.(2) The OEP may make a review application in relation to conduct of a publicauthority occurring after a decision notice was given to the authority that issimilar, or is related, to conduct that was described in the notice as a failure ofthe authority to comply with environmental law.(3) In this Act, a “review application” means—(a) in England and Wales or Northern Ireland, an application to the HighCourt for judicial review, or(b) in Scotland, an application to the supervisory jurisdiction of the Courtof Session.(4) Neither subsection (1) nor (2) overrides any requirement for permission of thecourt to be obtained before making a review application

      The JR bit