ABSTRACT
Local authorities have responsibility for town and country planning, waste disposal, nuisance and local air pollution control. Local authorities will also have a specific environmental remit under the Local Government Bill 2000.30
• Environment Agency (set up as the Alkali Inspectorate in the 19th century, becoming HMIP in 1987 as part of the then Department of the Environment). HMIP’s Inspectors were civil servants and the Industrial Air Pollution Inspectorate of HSE and the Radiochemical, Hazardous Waste and Water Inspectorate of the then DOE were amalgamated into it. In 1996, the EA was set up under the Environment Act 1995, amalgamating HMIP and the National Rivers Authority, which had responsibility for pollution control in relation to water, water resources, flooding, land drainage and fisheries functions. This was a welcome step forward, but there was some concern that the body was still not responsible for countryside issues. Its general duties are: ❍ s 4 – to protect and enhance the environment and to attain sustainable
development; ❍ s 5 – to prevent, minimise, remedy or mitigate the effects of pollution; ❍ s 108 – sets up the unified system of enforcement powers for the
agency, including inspection and entry powers. Section 39, however, was very controversial, in that it included cost benefit analysis for the EA in the enforcement of these duties, when choosing to exercise them. It applies to both strategy and individual cases.
