Environment Law Bulletin - Institute of Environmental Management ...

SECTION 3Water“The proposedlegislation would alsorequire more disclosureof information ondetergent labels andwould facilitate futuretechnical amendmentsof the Regulationwithout the need for alengthy implementationprocedure.”United KingdomNitratesThe Planning Inspectorate has issued guidanceon the appeal procedure againstinclusion in a designated Nitrate VulnerableZone (NVZ). ADAS has been appointed toundertake reviews under the NitrateVulnerable Zones (Additional Designations)(England) (No 2) Regulations 2002. Theguidance explains the legislative backgroundto an appeal and highlights thespecific issues which may be the subject ofan appeal. The Planning Inspectorate canonly deal with queries initiated by theowner or occupier of land in question. Theprocedure is intended for farmers whobelieve that their land has wrongly beenincluded within a NVZ due to an error inthe application of the methodology toidentify NVZs. Appeals must be sent toADAS within 28 days of the date of theADAS proposed decision and are onlyaccepted outside this time limit inexceptional circumstances.(Planning Inspectorate, February 2003)CryptospridiumAfter an outbreak Cryptospridium infectionin Edinburgh in August 2002, the ScottishExecutive has published updated guidanceon management of incidents caused by theparasite. The report makes several recommendationsrelating to operational mattersaimed at minimising the risk of future incidentsof this type. The Executive nowintends to strengthen the obligations onScottish water by a revision to theCryptospridium Direction.(Scottish Executive, 10 January 2003)DetergentsDEFRA is consulting on a EuropeanCommission proposal for a Regulation ondetergents, on which comments must reachDEFRA by 7 May 2003. The proposal for aRegulation, published in September 2002,will repeal a number of existing detergentDirectives and Recommendations andextend testing for biodegradability tosurfactants – the basic cleaning ingredientused in all detergents, some of which arecurrently excluded from testing requirements.The proposed legislation would alsorequire more disclosure of information ondetergent labels and would facilitate futuretechnical amendments of the Regulationwithout the need for a lengthy implementationprocedure. The industrial andinstitutional product sectors of the detergentsindustry would be most affected bythe additional requirement for testing andlabelling, although the new provisionswould apply to all manufacturers andsuppliers of detergent products. Theconsultation paper examines four optionsfor dealing with the proposed Regulation.These are: to do nothing; to oppose theRegulation and introduce voluntary agreements;to seek amendments to theproposed Regulation; and to accept theproposed Regulation. The costs and benefitof each option is discussed in the consultationpaper.(DEFRA, February 2003)British WaterwaysA draft regulatory reform Order laid beforeParliament is seeking to amend the statutorypowers of British Waterways. It wouldincrease its ability to supply water servicesand clarify its borrowing powers. At presentBritish Waterways has the power toabstract and sell untreated water from itswaterways to water undertakers,industry and agriculture. As reported in17Environment Law BulletinApril 2003