A. W. & C. Barsby: Legal Research and Publishing

Chapter 4 - Environmental law

General note: there is no clear boundary between chapters 2 and 3 on the one hand and 4 on the other. The Hedgerows Regulations, for example, could be (and in some books are) treated as part of planning law.

4-3 "Rubbish" has here a very wide meaning, but does not include material accumulated for or in the course of a business (s. 34(5)) of the 1961 Act).

4-6 Link to the Urban Regeneration Partnership ("English Partnerships").

4-9 Link to DEFRA for information on contaminated land. Link to DEFRA for Circular 02/2000. Link to HMSO for the Contaminated Land (England) Regulations 2000. This is a complex and technical regime, and the text provides only a summary of how it works.

4-19 These are only examples of the grounds on which an appeal may be brought. See reg. 7 of the 2000 Regulations for the full list.

4-25 See s. 29 of the Land Drainage Act for the effect of such an order.

4-28 The 1981 Act has been amended by later legislation, particularly the Wildlife and Countryside (Amendment) Act 1985.

4-28 Link to English Nature for information about SSSIs. Link to DEFRA for further information about National Nature Reserves and SSSIs.

4-28 In the case of William Sinclair Holdings Ltd v English Nature [2002] Env LR 132 the High Court granted an interim injunction to prevent English Nature extending an SSSI, on the grounds that it would interfere with the company's peat-extraction operations and so infringe its human rights.

4-32 By s. 28L, inserted into the 1981 Act by the Countryside and Rights of Way Act 2000, a landowner can appeal to DEFRA against a management notice.

4-34 Under s. 28R, English Nature can make byelaws for an SSSI.

4-35 Link to DEFRA for information about these and other schemes. Link to DEFRA for information on Environmentally Sensitive Areas. Link to DEFRA for information on the Countryside Stewardship Scheme.

4-38 Link to DEFRA for Guide to Wildlife Law, which deals with wildlife offences. [12/1/02]

4-41 Link to HMSO for the text of the Regulations. Link to DEFRA for information about hedgerows. Some proposals have been made for improving the Regulations, but these have not yet been put into effect.

4-48 Link to DEFRA for information about waste management licences.