Podcast Location:
Download it here [file size: 20.2 MB]
Categories:
Environmental Law
CPD Points:
Up to 1 point. details »

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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

In this podcast Emma Harling-Phillips discusses the role of the new First-tier Tribunal (Environment) which was established in 2010. She will explore how the Tribunal came to arise and its main functions in relation to civil sanctions under the Regulatory Enforcement and Sanctions Act 2008. She will then look at what role the Tribunal could have in the future and whether this could be seen as the first step towards an environmental court of the United Kingdom.

Outcomes:
After completing the course you will:
  • Be familiar with the background to the establishment of the Environment Tribunal in 2010;
  • Understand what the introduction of Part 3 of the Regulatory Enforcement and Sanctions Act 2008 means for environmental offences;
  • Be able to identify which offences an Environmental Civil Sanctions Order will apply to;
  • Know which sanctions can be imposed for environmental offences;
  • Understand the circumstances in which civil sanctions can be appealed;
  • Know the powers of the Environment Tribunal on appeal;
  • Recognise the procedures relevant to the Tribunal process;
  • Be aware of the impact the Environmental Tribunal has had since its introduction in 2010 and have considered its likely future.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Legal Principles
Legislative Updates
Practical Guide
Sources and References:
  • Control of Pollution (Oil Storage) (England) Regulations 2001;
  • DEFRA Guidance:‘Civil Sanctions for Environmental Offences’ January 2010;
  • Department for Justice’s website;
  • Environment Act 1995;
  • Environmental Civil Sanctions (England) Order 2010 (SI 2010/1157);
  • Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010 (SI 2010/1159);
  • Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000;
  • Environmental Protection Act 1990;
  • Hazardous Waste (England and Wales) Regulations 2005;
  • Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006;
  • P. Hampton ‘Reducing Administrative Burdens: Effective Inspection and Enforcement’ March 2005;
  • Producer Responsibility Obligations (Packaging Waste) Regulations 2007;
  • R. Macrory with M Woods, ‘Modernizing Environmental Justice – Regulations and the Role of an Environmental Tribunal’ June 2003. Regulatory Enforcement and Sanctions Act 2008;
  • R. Macrory, ‘Consistency and Effectiveness – Strengthening the New Environmental Tribunal’ January 2011;
  • R. Macrory, ‘Regulatory Justice: Making Sanctions Effective’ (Better Regulation Executive) November 2006 Sludge (Use in Agriculture) Regulations 1989;
  • Transfrontier Shipment of Waste Regulations 2007;
  • Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (SI 2009/1976);
  • Water Act 2003;
  • Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 ;
  • Water Resources Act 1991;
  • Wildlife and Countryside Act 1981.
Tags:

In this podcast Emma Harling-Phillips discusses the role of the new First-tier Tribunal (Environment) established in 2010 and its main functions in relation to civil sanctions under the Regulatory Enforcement and Sanctions Act 2008.

Date added: 22/11/11

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