Pollution incidents and investigations

A pollution incident is when any substance is released to land, air or water that could harm people or the environment. The scope, urgency and organisation of responses to pollution incidents depends on their nature and scale. Major incidents may require a multi-agency response coordinated in accordance with national civil contingency plans and the UK Resilience Emergency Response and Recovery Guidance, involving:

  1. police services

  2. fire and rescue services

  3. health bodies

  4. HM Coroner

  5. local authorities (LAs)

  6. government agencies and other non-departmental public bodies (NDPBs)

  7. the Armed Forces

  8. the private sector

  9. the voluntary sector, and

  10. the community

For the most severe emergencies, government may invoke emergency powers under Civil Contingencies Act 2004, Part 2. Emergency powers are a last-resort option for responding to the most serious of emergencies where existing legislative provision is insufficient. They are a mechanism for making temporary legislation in order to prevent, control or mitigate an aspect or effect of the emergency.

The Maritime and Coastguard Agency (MCA) maintains a national contingency plan for marine pollution from shipping and offshore installations.

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Environment weekly highlights—21 November 2024

This week's edition of Environment weekly highlights includes: analysis on the consultation on expanding tax conditionality to new sectors, the case of Smallbrook v BCC, considering the tension between proposals seeking to reuse and repurpose buildings and those seeking to demolish and rebuild them and will be of relevance to those involved in regeneration projects which consider the two alternatives, and what businesses need to know about ASA, AI and greenwashing. It also covers developments at the 29th Conference of the Parties of the United Nations Framework Convention on Climate Change (COP29), the Office for Environmental Protection (OEP) and Green Alliance (GA) being granted permission to intervene in the appeal of R (Rights Community Action Ltd) v the Secretary of State for Housing, Communities and Local Government [2024] EWHC 1693 (Admin) and the launch of the Global Clean Power Alliance at G20 summit. In addition this week, the Department for Energy Security and Net zero (DESNZ) has announced of plans to introduce legislation aimed at restricting the future licensing of new coal mines in the UK the Office for Environmental Protection (OEP) has launched an investigation into the legality of the Department for Environment, Food and Rural Affairs (Defra)’s Statutory Guidance on applying the Farming Rules for Water, , the Department of Agriculture, Environment and Rural Affairs (DAERA) Minister, Andrew Muir, has announced an independent review of environmental governance in Northern Ireland, Defra has announced an update on the implementation of the Deposit Return Scheme (DRS) for drinks containers, reaffirming its commitment to launching the DRS across England, Scotland, and Northern Ireland in October 2027 and the Environment Agency (EA) has launched a consultation titled ‘River basin planning: working together 2024’, as the first consultation in the process of reviewing and updating river basin management plans (RBMPs) for 2027.

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