Environment Law Bulletin - Institute of Environmental Management ...

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SECTION 4NoiseEuropean UnionWorkplace noiseA Directive on the minimum health andsafety requirements regarding the exposureof workers to the risks arising from physicalagents (noise) (2003/10/EC) has beenpublished in the Official Journal. It is the17th Directive under a Directive introducingmeasures to encourage improvements insafety and health of workers at work(89/391/EEC). The new Directive lays downlimits for exposure to noise in the workplaceand attempts to protect workers fromrisks to health. Exposure limit values andexposure action values are set in respect ofAs a result, Parliament agreed to withdrawamendments that would have introducedin-use compliance testing and alsoaccepted the Council’s position that theCommission should first assess the possiblebenefits of such a system. The Council alsoaccepted Parliament’s requests to exemptsteam powered craft from the Directive.Member States have until 30 June 2004 totranspose the Directive into national lawwith the provisions due to be enforcedfrom 1 January 2005.(European Commission News Update, 14 March 2003)“Employers are obliged to assess, and if necessary,measure the levels of noise to which workersare exposed.”daily noise exposure levels and peak sound.Employers are obliged to assess, and ifnecessary, measure the levels of noise towhich workers are exposed. Member Statesmust transpose the Directive before 15February 2006.(OJ L 42, 15 February 2003)Recreational craftAn informal conciliation agreementbetween the European Parliament and theCouncil has been reached on a proposal fora Directive modifying Directive 94/25/ECrelating to recreational craft. The newDirective will add provisions for noise andexhaust emissions for craft with a hulllength of 2.5 to 24 metres. The Councilagreed to a parliamentary amendment thatwould allow all multiple engine installationsa 3 decibel allowance over the noise limits.Environment Law BulletinApril 200320
SECTION 5Waste“A plant will only be anincineration or co-incinerationplant if it burnswaste as defined in theWaste FrameworkDirective (75/442/EEC).”United KingdomDuty of careIn an amendment to the EnvironmentalProtection (Duty of Care) Regulations 1991(SI 1991 No 2839), English local authoritieshave been given new powers to deal withfly tipping. The Environmental Protection(Duty of Care) (England) (Amendment)Regulations 2003 (SI 2003 No 63), whichcame into force on 20 February 2003, willallow waste collection authorities identicalpowers to the EA in demanding to examinecopies of Duty of Care documentation.Such documentation, required under the1991 Regulations, include written descriptionsof waste and transfer noticesdescribing the quantity of waste, the typeof containment and names and addressesof the transferor and transferee, both ofwhich must retain copies of the documentationfor two years.(SO, 19 January 2003)IncinerationGuidance on the Waste IncinerationDirective (2000/76/EC) has been producedby DEFRA. Aimed at operators of incinerationand co-incineration plant, regulators,waste producers and waste managers, itprovides a guide to the scope and regulatoryand technical requirements of theDirective which came into force in the UKon 28 December 2002. Although it shouldbe regarded as established guidance,DEFRA says that it would welcome anycomments on experience of applying it. Aplant will only be an incineration or coincinerationplant if it burns waste asdefined in the Waste Framework Directive(75/442/EEC). This includes municipalwaste, clinical waste, hazardous waste,general waste and waste-derived fuels. TheWaste Incineration Regulations 2002 (SI2002 No 2980) apply to all existing installationsfrom 28 December 2005 andimmediately to all new incinerators.(DEFRA, February 2003)LandfillGuidance on landfill completion has beenpublished by the EA. It sets out what isrequired for surrender and completion of alandfill, the initial application for a permit andthe aftercare stages, where an application tosurrender an authorisation is made. It is applicableto both waste management licencesand PPC permits and provides details of thetechnical requirements for surrender, but notthe procedural requirements of the process.The EA can only accept an application forsurrender of a landfill authorisation when itconsiders that a landfill no longer poses apollution risk. Views are requested on anumber of issues, including the risk-basedapproach, site reports and surrender criteria,before 6 June 2003.(EA, 14 March 2003)Guidance for landfill operators applying forPPC permits has been made available bythe EA. The first tranche, which includes50 sites, has to apply by 9 June 2003. Thenew guidance, deals with the area to becovered by a PPC permit for a landfill, andexplains how to identify this area. The EA’saim is to encourage operators to includeareas no longer accepting waste in applicationsfor a permit for operational sites, asunder PPC, the whole installation has to betaken into account.(EA, March 2003)All landfill operators in England and Waleshave been informed when they have toapply for a PPC Permit after the EAannounced that it had completed its21Environment Law BulletinApril 2003
Page 1 and 2: Environment LawBulletinApril 2003Re
Page 3 and 4: APRIL 2003ContentsArticles Renewabl
Page 5 and 6: “The Government acknowledges that
Page 7 and 8: Alternative energy sourcesThe Direc
Page 9 and 10: “The time limit for full and tran
Page 11 and 12: SECTION 1Liability inenvironment la
Page 13 and 14: “…it states that the UK is stil
Page 15 and 16: efrigerants with less potent greenh
Page 17 and 18: SECTION 3Water“The proposedlegisl
Page 19: ships as it relies on shipping for
Page 23 and 24: guidance for monitoring particulate
Page 25 and 26: sible for the pollution cannot be i
Page 27 and 28: SECTION 6Transport and labellingof
Page 29 and 30: “…the report said that there is
Page 31 and 32: “The guidance is intended to help
Page 33 and 34: “Consent has been granted for bui
Page 35 and 36: that environmental protection andim
Page 37 and 38: “The move could have far reaching
Page 39 and 40: “…there were 241 offshore hydro
Page 41 and 42: “The report is likely to be a pre
Page 43 and 44: listing regimes in the UK with thos
Page 45 and 46: HELEN HARRISONhelen.harrison@cmck.c
Page 47 and 48: environmental effects. Finally, the
Page 49 and 50: Health and safety - finesYorkshire
Page 51 and 52: conclude that there was no duty of

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