A practical problem that may face the professional advisers is in dealing with the statutory authorities. There has not as of yet, been a clear distinction made between the regulatory duties of the Environment Agency and the local Authorities. Many commentators envisage that it is likely that inconsistent standards will be applied around the UK.

The majority of disputes between operators and regulators under the current IPC and LAPC regimes are born through the variances on the authorisations on the statutory four yearly review, through imposing tighter conditions for abatement and the control of emissions. This undoubtedly brings with it problems associated with finding increased capital costs and technical problems in implementing upgrading programmes, and thus disputes arise through the emission level and the best available techniques required to ameliorate them. As mentioned in the bulleted list above, the four-year review is being abolished. Regulators may now review permit conditions periodically- good news for some, bad for those being brought to the forefront in environmental issues.

The UK environmental industry has been battling for a long period of time for stricter controls and hence, tighter regulation in order for a level playing field throughout the EU may be achieved. This is with a vision to increase the demand for environmental products and services for both domestic and export markets. It is unknown as to whether the IPPC regime will be of any benefit on the expanding and highly important market for UK environmental business.

It would be useful for you to read the DETR's Third Consultation Paper on the Implementation of the Integrated Pollution Prevention and Control (IPPC) Directive.


Further Reading

Read the DETR's 4th consultation paper on the implementation of the IPPC Directive.