Environmental Risk Management

M3N211741

School of Engineering and Built Environment Department of

Construction and Surveying

Module Leader: Ross McKillop

Co- Tutor: Mr Peter Scott

Coursework No. 1

Brexit and Environmental Law

María Belén Ochoa Caballero

S1636188
11/10/2016
Semester A 2016/17
1. Executive Summery

BREXIT means the separation of the United Kingdom from the European Union. This
implies that the European law is no longer UK law.

This report has ten points. The first is the Executive Summery. The second one is an
introduction about the topic. In this part, there is a brief overview about EU law and
structure, as well as a small explanation about the environmental problems that the UK is
facing after leaving the European Union.

The next point, waste management, defines waste and its classification. Also, there is a
brief explanation of the methods to treat it, a summery about UK and EU law and an EU
case law.

The part number four mentions and explains the causes, problems and some policies about
contaminated land.

In the fifth part is about air pollution, which is explained the causes, effects and types of
air pollution. Furthermore, there are some references and examples of air law and finally a
case law.

The sixth one mentions the water law, its pollutants and explains the problems that they
may cause. There is a brief explanation about water ownership and a case law.

The next point determines the factors that harm and damage the habitats and species and
the policies to regulate them.

The eighth part summarizes the Regulation Activities for industrial and non-industrial
activities.

The conclusions and recommendations about the topic are given in the nine point, and in
the last one are the appendixes.

1
2. Introduction

The European Union is an economic and political union of 28 countries. Each of the
countries within the Union are independent but they agreed to trade under the
arrangements made between the nations. Also, The European Union is based on the rule of
law. This means that every action taken by the EU is founded on treaties that have been
approved voluntarily and democratically by all EU member countries. 1

There are three types of law: regulation which has equal force with national law and
applies in all 28 member states; directive that sets out rules that countries should pull into
their national laws; and, decision that affects only a certain issue or country at a time. 2

In June 23 of this year, the United Kingdom voted strongly for BREXIT, which means that
UK is no longer part of the European Union, and so, the will not share the same law.
However, most of the UK law, especially the environmental law, is EU law.
Environmental law includes law of waste, law of water, air pollution, contaminated land,
and habitat.

Under this scenery, the problem is clear: now that the UK had left the EU, how the UK is
going to replace the law that it had lost?

3. Waste Management

Before going in detail with waste management, it is necessary to clarify the meaning of
“waste”. For this, there are four questions that are needed to be answered: Worn but
useable?; Capable of repair?; needs specialist treatment?; and, pay to take away?.
Depending on the answers, it is possible to determine if something is a waste or not. The
concept of waste comes from the perspective of the source. Therefore, a by-product that is
useful to other purposes may be also considered as waste.

1
European Union (2016) EU Law. https://europa.eu/european-union/law_en (Accessed 10/21/2016)
2
Full Fact (2016) UK Law: What portion is influenced by the EU? https://fullfact.org/europe/uk-law-what-
proportion-influenced-eu/ (Accessed 10/21/2016)

2
Waste can be grouped in several categories3. There are five options or steps, known as the
“Waste Hierarchy” to move the waste to a Waste Treatment ethos.

Waste can cause damage to

public health and safety, as
well as environmental issues
such as the depletion of the
ozone layer and air, water and
lad pollution. These last three
and closely interconnected. So,
if one is contaminated, so will
be the other two. These are some reasons why the waste should be removed and treated.
However, the person in charge of these processes should have a licence. There are three
types of licence: site licences - issued to the occupier, mobile plant licences - issued to the
operator and, waste carriage licences.

It is essential to mention that, under EPA policies, the polluter pays. Thus, the cost of
clean-up is as important as the liability for injury. In other words, the polluter has the duty
to take all reasonable measures to prevent unlawful management of waste and applies
throughout the waste cycle from generation of waste down to final disposal.

Policies

Scotland has some project and regulations for itself4, such as the Zero Waste Plan, which
has several targets to reduce the amount of waste produced by industries and householders.
However, even though this is a Scotland´s plan, it is made to achieve the EU standards, as
the European Union Waste Statistics Regulations requires all Member States to provide
data to the European Commission every two years on the generation and treatment of
waste and on the number and capacities of waste management facilities.

3
Aggregates, Agriculture, Aquaculture, Casting, Chemicals, Construction, Electronics, Machining, Metal
processing, Office, paper processing and conversing; and, Plastic moulding printing
4
SEPA (2016) Policies. https://www.sepa.org.uk/regulations/how-we-regulate/policies/ (Accessed
10/22/2016 )

3
There are also European projects5 like the LIFE SMART Waste project which goal is to
demonstrate innovative ways of understanding, tackling and reducing waste-related crime.6

Case Law

On 21 October 2013, upon entry into Hungary, a Total Waste Recycling heavy goods
vehicle, which was transporting 8380 tonnes of waste coming was subject to an inspection
at the Nagylak border crossing point. That inspection established that the consignment was
accompanied by the notification documents and the administrative authority’s consents.
However, that notification document and those consents indicated, as the specific point of
entry into Hungary, the Ártánd (Hungary) border crossing point, located almost 180
kilometres north of Nagylak (Hungary). In that regard, Total Waste Recycling stated that,
because of a breakdown in communication, the driver of that heavy goods vehicle sought
to enter Hungary at the Nagylak border crossing point, which was closer to his home.7

4. Contaminated Land

Land can be contaminated by a wide variety of substances and materials in the form of
solids, liquids or gases. Contaminants may be spread across a site, or concentrated in
pockets; readily identifiable, or hard to detect.8 Thus, a contaminated site is one where
there is a public health risk.

In terms of land ownership, the original polluter may have polluted legally at the time, or
may be untraceable, and so it is the owner of the land who must remediate unless (s)he is
an innocent purchaser for value. Such a purchaser may find land use severely curtailed but
then might have difficulty finding a buyer

5
European Commission (2016) Waste
http://ec.europa.eu/environment/waste/framework/framework_directive.htm (Accessed 10/21/2016 )
6
SEPA (2016) About LIFE SMART Waste Project https://www.sepa.org.uk/regulations/waste/life-smart-
waste/about-life-smart-waste/ (Accessed 10/27/2016 )
7
EURO- Lex (2015) JUDGMENT OF THE COURT (Seventh Chamber)http://eur-lex.europa.eu/legal-
content/EN/TXT/?qid=1477474954063&uri=CELEX:62014CJ0487 (Accessed 10/27/2016 )
8
Scottish Government (2000) Planning Advice Note PAN 33
http://www.gov.scot/Publications/2000/10/pan33 (Accessed 10/25/2016 )

4
Another problem is brownfield sites, which are over 66,000 hectares of them in England.9
One of the development plans of PAN 33 is to encourage and promote the re-use of
brownfield land, including contaminated sites.10

The management and remediation of contaminated land that, in its current state, is causing
or has the potential to cause significant harm or significant pollution of the water
environment, is regulated by legislation contained within the Environmental Protection
Act (1990) known as Part IIA11

Case Law

There have been several cases through history one of them is the Corby case. In it, a
number of children were born in the Corby area between 1986 and 1999 with deformities
of their upper limbs. This was caused because the air in that area was polluted from
decontaminations procedures.12

5. Air Pollution

Air can be polluted in many ways. The main causes are emissions which damage health
and/or the ecology; emissions which lead to global warming; emissions which lead to acid
rain; emissions which lead to ozone layer depletion; and, nuisance generally and in particular
noise and smell.

Noise, smell, smoke and dust are also air pollutant, even if they are not merely environmental
nuisances they are examples of common law nuisance. Under UK law, only loudness is
considered to be dangerous to human health, however, it has been shown that what causes
more damage is the pitch and intensity

9
Sustainable Build (2015) Brownfield Sites http://www.sustainablebuild.co.uk/brownfieldsites.html
(Accessed 10/28/2016 )
10
Scottish Government (2000) Planning Advice Note PAN 33 http://www.gov.scot/Publications/2000/10
/pan33 (Accessed 10/25/2016 )
11
SEPA (2016) Contaminated Land https://www.sepa.org.uk/regulations/land/contaminated-land/ (Accessed
10/25/2016 )
12
Law and Environment (2014) Case-Study: Corby Steelworks
http://www.environmentlaw.org.uk/rte.asp?id=266 (Accessed 10/24/2016 )

5
 Climate change is caused by emissions of harmful
gases that nowadays, are controlled. UK has
lowered the emissions of carbon dioxide in
comparison to other countries. Because of this, air
quality has improved in recent decades, especially
in Scotland. However, there are still hotspot areas
of poor air quality and concentrations of ground-
level ozone have increased.13

Finally, others big air pollutants are the energy sources. One of the EU efforts to solve this
problem is the reduction of greenhouse gases by means of specific measures to improve
energy efficiency, to make increased use of renewable energy sources, to promote
agreements with industry and to make energy savings. 14

Policies

One of Scotland´s regulations is the Smoke Control Areas, which are areas in which you
can't emit smoke from a chimney unless you're burning an authorised fuel or using exempt
appliances (e.g. burners or stoves). 15

The EU has some policies and strategies to improve air quality16. Some of them are CAFÉ
and BREF´s. The Sixth Environment Action Programme is one of CAFÉ´s measurements.
In the short term, the EU aim is to achieve the objectives of the Kyoto Protocol; and in the
longer term, by 2020 it will be necessary to reduce the emissions by 20 to 40 % by means
of an effective international agreement.14

13
SEPA (2016) Air https://www.sepa.org.uk/regulations/air/ (Accessed 10/26/2016 )
14
EURO - Lex (2011 ) Sixth Environmental Action Programme http://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=uriserv:l28027 (Accessed 10/27/2016 )
15
Air Quality in Scotland (2016) Smoke Control Areas Guidance
http://www.scottishairquality.co.uk/laqm/smoke-control-areas (Accessed 10/ 25/ 2016)
16
European Commission (2016) Ambient Air Quality http://ec.europa.eu/environment/air/legis.htm
(Accessed 10/ 28/2016)

6
 Case Law

DK Recycling was operating, in Germany, an installation for the recycling of waste from
the steel industry containing iron and zinc, and also a power plant, both of which were
subject to the scheme for greenhouse gas emission allowance trading. DK Recycling
obtained the German authorities’ approval for the inscription of those installations. By the
decision at issue, the Commission did not accept that inscription or, in consequence, the
corresponding free allocation of allowances. That refusal was based, on three
considerations. First, there was made no provision, according to the Commission, for the
allocation of allowances with which Germany wished to proceed. Secondly, Germany had
not shown that the allocation of allowances was manifestly inappropriate, having regard to
the objective of total harmonization of allocations envisaged by that decision. Thirdly,
allocating more free allowances to some installations would distort or threaten to distort
competition and has cross-border effects.17

6. Water Quality

Water is a natural resource that people use in their everyday life. For this reason, common
people can draw it for agricultural and domestic purposes, from any waterway - lakes,
rivers and lochs - and return the water to it. The only conditions are not to reduce the
quantity or quality of the water drained. For underground water, it is applied the same
concept.

Water in Scotland, in contrast to England, is not privatised. However, no one should take
more than it is needed or pollute it. People who live near a river, they may own the land of
the river basin, but not the water of the river. If water percolates through the soil, then the
water belongs to the owner of the land, for example, in the case of a well.

Any activity that involves any of the following18 should require some form of
authorization from SEPA for water discharge. Just in case of emergency where there is a

17
EURO – Lex(2016) DK Recycling und Roheisen GmbH v European Commission.http://eur-
lex.europa.eu/legal-content/EN/TXT/?qid=1477476598214&uri=CELEX:62014CJ0540 (Accessed
10/27/2016 )
18
Sewage and organic effluents, Fish farms, Inorganic effluents, Thermal effluents, Surface water drainage,
Waste sheep dip and waste pesticides, Storage and application of fertilizers, Keeping of livestock, Cultivation

7
live in risk, the consent is not needed. The requirements are in the Water Framework
Directive (2000/60/EC)19, and the level of authorisation required is dependent on the
effect that the activity will have on the water environment (Appendix 1)20

Nitrates are one of water main pollutants. They come from the application and storage of
organic and inorganic fertiliser on agricultural land. Nitrate problems usually occur
in groundwater, where concentrations can approach or exceed standards for drinking water,
and in estuaries and transitional waters, where excess nutrients can result in algal blooms
and eutrophication. The control of this problem is driven by the EU Nitrates Directive
(91/676/EEC) 19

Some water bodies and protected areas are not in good condition. They are affected by
impacts on their water quality, physical condition, water flows and levels, and
accessibility for fish migration, or by the impact of invasive non-native species on their
aquatic plant and animal communities. The river basin management plans for Scotland set
out the measures required to address these impacts and meet the requirements of
the European Water Framework Directive.21

SEPA is in charge of monitoring nitrates and protected areas as well as protecting the
aquatic environment. SEPA shares monitoring and analysis work with other partners,
including Scottish Natural Heritage, Scottish Water, British Waterways, Environment Link
and Fisheries Research Services. As part of the Scottish Government’s Co-ordinated
Agenda for Marine, Environment and Rural Affairs Science, SEPA is developing
Monitoring Action Plans with partner organisations with the aim of co-ordinating
monitoring efforts across Scotland. .22

of land, Discharge of surface water run-off, Construction and maintenance of roads and tracks, Application of
pesticide, Operation of sheep dipping facilities
19
SEPA (2016) Nitrates Monitoring https://www.sepa.org.uk/environment/water/monitoring/nitrates-
monitoring/ (Accessed 10/ 29/ 2016 )
20
SEPA (2016) Pollution Control https://www.sepa.org.uk/regulations/water/pollution-control/ (Accessed
10/29/20016)
21
SEPA (2016) River basin Management Planning https://www.sepa.org.uk/environment/water/river-basin-
management-planning/(Accessed 10/30/2016)
22
SEPA (2016) Monitoring https://www.sepa.org.uk/environment/water/monitoring/ (Accessed 11/02/2016)

8
 Case Law

On 15 December 2005, the Kingdom of Spain was judge because of failure to fulfil its
obligations by failing to officially designate the beaches of ‘Vilela/A Videira’, ‘Niño do
Corvo’ and ‘Canabal’, located in the municipality of Moaña, in the province of Pontevedra,
Comunidad Autónoma de Galicia, as bathing areas and, by failing to adopt a pollution
reduction programme for the Ría de Vigo.23

7. Species and Habitat

Species are affected or been harmed by the introduction of non-native species, the
destruction of their habitats, and the misunderstanding of animal behaviour.

There are more than 900 non-native species (NNS) recorded as released or escaped into the
Scottish environment. While the great majority of these cause few or no ecological
problems, a small number, referred to as invasive non-native species (INNS), do have the
potential to cause damage to habitats and species.

These non-native species, such as Japanese Knotweed and North American Signal
Crayfish, have the ability to spread rapidly and become dominant in an area or ecosystem,
causing adverse ecological, environmental and economic impacts. INNS can also affect
our health.

In Scotland, NNS are covered by Section 14 of the Wildlife and Countryside Act 1981.
The regulations state that it is an offence to: release or allow escaping from captivity any
animal to a place outwith its native range; cause any animal outwith the control of any
person to be at place outwith its native range; and, plant or otherwise cause to grow any
plant in the wild outwith its native range.24

23
EURO-Lex (2005) Commission of the European Communities v Kingdom of Spain http://eur-
lex.europa.eu/legal-content/EN/TXT/?qid=1477480936471&uri=CELEX:62004CJ0026 (Accessed
10/27/2016 )
24
SEPA (2016) Invasive non- native species https://www.sepa.org.uk/environment/biodiversity/invasive-
non-native-species/(Accessed 10/30/2016 )

9
Over the past 60 years, habitats have been destroyed because of pollution of air, land and
water; and the exploitation of terrestrial, marine and freshwater resources.25 The UK
supports a wide variety of species and habitats, ranging from cold water coral reefs to
saltmarshes and mountain summits. A key policy tool for conserving them all is the
designation and management of protected sites - areas of land, inland water and the sea that
have special legal protection to conserve important habitats and species.

Legal protection prevents damaging activities. Some of the sites, known as Special
Protection Areas (SPAs) for Birds and Special Areas of Conservation (SACs), are of
European importance. They have been created under the EC Birds Directive and Habitats
Directive. In the UK they form part of a larger European network called Natura 2000. In
addition, the UK and its Overseas Territories and Crown Dependencies also contribute to
global networks of protected sites created under the Ramsar, World
Heritage and OSPAR Conventions.26

Some of the main protected species of concern are listed below.27 However, some captive
breeding programmes of endangered species, fail because the animal behaviour is poorly
understood. For example the cheetah, only recently it has been understood that selection of
a mate by the female is based on competition amongst males – so simply putting one of
each sex together does not trigger the hard-wired courtship pattern of aggression and
competition.

Case Law

On 6 November 2000, the Commission sent to the United Kingdom a letter of formal
notice in which it contended that certain provisions of the Habitats Directive had not been
correctly transposed into that Member State’s domestic law.

The United Kingdom authorities replied to the letter of formal notice by letter of 27
February 2001. They accepted that on two points, relating to offshore oil and gas activities

25
SEPA (2016) Benefits from nature https://www.sepa.org.uk/environment/biodiversity/benefits-from-
nature-ecosystem-services/(Accessed 11/1/2016 )
26
JNCC (2016) UK Protected Sites http://jncc.defra.gov.uk/page-4 (Accessed 10/31/2016 )
27
Scottish wildcat, Bottlenose dolphin, European hare, Hazel dormouse, Greater horseshoe bat, Harbour
porpoise, Red squirrel, Water vole, European hedgehog, Aquatic warbler, Capercaillie, Slow-worm, Sand
lizard, Northern or European adder, Grass snake, Smooth snake, shining ram's-horn snail.

10
and to the extension of the application of the Habitats Directive beyond territorial waters,
the letter of formal notice was well founded, but contested most of the other complaints
raised in it28. (Appendix 2).

8. Regulation of Activities

Before starting a new activity, it is necessary to determine if it is subject to pollution

control29. Some of these activities are most likely to be of concern. Nuisance should also be
taken into account. Nuisance is defined as existing where there is a prejudice to health
arising from any of the following sources or as specified by subsequent enactment30.

The PPC regulations apply an integrated environmental approach to the regulation of

certain industrial activities. This means that emissions to air, water (including discharges to
sewer) and land, plus a range of other environmental effects, must be considered
together31.

Within the Industrial Activities, they can be classified depending on their impact. The
Significant Activities are those specified in PART A of the Regulations, and is consider
the "high risk" class where requirements may be especially strict. Nonetheless, PART B
activities are also hedged with specific requirements

The use of Best Available Techniques (BAT) to prevent and minimise emissions aims to
balance the costs to the operator against the benefits to the environment as much as
possible. BREFs and the BAT conclusions they contain form the basis for permitting PPC

28
EURO- Lex (2005)Commission of the European Communities v United Kingdom of Great Britain and
Northern Ireland. http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1477481854811&uri=CELEX:62004
CJ0006 (Accessed 10/27/2016)
29
Animal and Plant Treatment, Asbestos and Fibre generally, Carbonisation, Cement, Chemical Fertilisers
and/or Pesticides, Chemicals (organic & inorganic) - esp. Di-isocyanates, Coatings, Combustion and/or
Incineration, Gasification, Glass and/or Ceramics, Halogen, Metals Ferrous and Non Ferrous, Mineral Acids,
Paper Pulp, Petro Chemicals, Pharmaceuticals, Printing Inks and Printed Coatings, Tar and Bitumen, Timber,
Uranium, Waste Processing Treatment and Storage
30
The nature of the premises themselves, Emission of smoke, Emission of fumes or gas, Emanation of dust,
steam, smell or other effluvia, The accumulation or deposit of material, The keeping of any animal -
including "guard" dogs, and Noise.
31
SEPA (2016) Pollution prevention and control https://www.sepa.org.uk/regulations/pollution-prevention-
and-control/ (Accessed 11/06/2016)

11
Part A activities32. Furthermore, developers should be aware of BPEO (Best Possible
Environmental Option) which is intended to secure both protection and conservation of the
environment by providing for most benefit or least harm at an acceptable cost securing
both short term and long-term goals.

All Action Programs are to: Identify the Pollutants, Identify a focus for control, Safeguard
human life and health, protect the ecology, and Reverse the historic harm to the
environment. In addition, European Law has set out to target the polluter via the “polluter
pays” principle. In other words, processors and producers will be expected, to be able to
demonstrate that Environmental Impact has been studied and analysed.

9. Conclusion & Recommendations

Scotland has some policies that come from the United Kingdom, as it is part of this union,
and some that comes from the European Union, as the UK was part of this last one.
However, this does not mean that Scotland itself cannot have its own law and policies.

In addition, the fact that most of Scottish policies are based on EU law, does not mean that
they are EU policies. Therefore, Scotland can still have their own policies based on
external law, and create new ones based on it too. Moreover, most of Scottish
environmental standards are higher than EU and UK standards

On the other hand, there are some foreign policies that Scotland should not adopt. For
example, in England water is privatised. By this, the government can have higher incomes.
Nevertheless, water is a natural resource used in everyday activity that should be regulated
but not privatised. Scotland should keep its high standards, even if the companies pressure
the government to lower them. It is a domino effect, which means that if Scotland´s
companies maintain their standards, industries from other countries will be force to higher
their standards. In other words, there will be less pollution.

32
SEPA (2016) Best Available Techniques Reference Documents
https://www.sepa.org.uk/regulations/pollution-prevention-and-control/best-available-techniques-bat-
reference-documents-brefs/ (Accessed 11/05/2016 )

12
Additionally, if the United Kingdom decides to introduce a new law, that would affect
Scotland as well. As a foreign student, I have little knowledge about the UK. However, in
case that the new regulation does not follow the same line of Scottish policies, I think that
Scotland should create and implement new programmes to go against the ones imposed.

In conclusion, BREXIT is indeed a problem, but it does not mean that there are not good
solutions to solve it.

13
10. Appendix

Appendix 1: Level of Authorisation required

Level of authorisation required is dependent on the effect that the activity will have on the
water environment:
 General binding rules (GBRs) – activities that are considered of low risk to the
environment. You will not have to contact us or incur any charges, although you
will have to follow a set of rules.
 Registration – activities that pose a low individual risk, but may collectively affect
the environment, will need a registration, require you to apply to us and incur a fee.
You will not, however, incur an annual subsistence charge.
 Licence – activities that pose a moderate to high risk to the environment will either
be a simple licence or – for activities that need a more complicated environmental
assessment – a complex licence. A licence depends on the identification of a
‘responsible person’, who must ensure compliance with the conditions of the
licence. In both cases, an application charge will apply and the activity may also be
subject to an annual subsistence charge.

Appendix 2: Species and Habitat Law Case

On 6 November 2000, the Commission sent to the United Kingdom a letter of formal
notice in which it contended that certain provisions of the Habitats Directive had not been
correctly transposed into that Member State’s domestic law.

The United Kingdom authorities replied to the letter of formal notice by letter of 27
February 2001. They accepted that on two points, relating to offshore oil and gas activities
and to the extension of the application of the Habitats Directive beyond territorial waters,
the letter of formal notice was well founded, but contested most of the other complaints
raised in it.
Since it was not persuaded by the explanations provided by the United Kingdom, on
18 July 2001 the Commission issued a reasoned opinion in which it repeated its complaints
and called on the United Kingdom to take the necessary measures to comply with the
reasoned opinion within two months of its receipt.
14
By letter of 27 November 2001 (‘the letter of 27 November 2001’) the United Kingdom
informed the Commission, in response to the reasoned opinion, of its intention to amend its
legislation in order to establish greater legal certainty and clarity on a number of points at
issue in the reasoned opinion, while maintaining that in general the measures in force
complied with the Habitats Directive.

Finally, by letter of 2 December 2003, the United Kingdom authorities informed the
Commission of progress made in the process of implementing changes in national
legislation to transpose the Habitats Directive better.
It was in those circumstances that the Commission decided to bring the present case.

Appendix 3: Law Cases

To find more about law cases, refer to EU-Lex Acces to European Union law.
http://eur-lex.europa.eu/collection/eu-law/eu-case-law.html

15
Index

1. Executive Summery ............................................................................................... 1

2. Introduction .......................................................................................................... 2

3. Waste Management ............................................................................................. 2

3.1. Policies......................................................................................................................3

3.2. Law Case...................................................................................................................4

4. Contaminated Land ............................................................................................... 4

4.1. Law Case...................................................................................................................5

5. Air Pollution .......................................................................................................... 5

5.1. Policies......................................................................................................................6

5.2. Law Case...................................................................................................................7

6. Water Quality ....................................................................................................... 7

6.1. Law Case...................................................................................................................9

7. Species and Habitat............................................................................................... 9

7.1. Law Case.................................................................................................................10

16
8. Regulation of Activities ....................................................................................... 11

9. Conclusion & Recommendations .......................................................................... 12

10. Appendix ......................................................................................................... 14

10.1. Appendix 1: Level of Authorisation required….............................................14

10.2. Appendix 2: Species and Habitat Law Case …..............................................14

10.3. Appendix 3: Law Cases…………………… …..............................................15

17