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The Environmental Act 1995 received royal assent on 19 July 1995. The main provisions of the Environment Act 1995 lay down the framework for:
- The creation of the environment agencies
- The new contaminated land regime
- Greater powers to protect the aquatic environment
- The introduction of regulations for a producer responsibility programme in the UK
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Sections 93-95 of the Environment Act 1995 introduced the skeleton for a regime to ensure that UK
industry meets the targets promised by politicians and required by European legislation (Directive 94/62/EC). The Goal is explicit:
For the purpose of promoting or securing an increase in the re-use, recovery or recycling of products or materials, the Secretary of State may by regulations make provision for imposing producer responsibility obligations on such persons and in respect of such products or materials, as may be prescribed.
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| Under s.94(1) of the 1995 Act, regulations may make provision in respect of the following: |
- The identification of classes or descriptions of companies and products upon which the producer
responsibility obligation can be imposed.
- The setting of targets - whether by weight, volume or other means.
- The setting up of a registration scheme for those who are not members of registered exempt schemes.
Individual businesses may choose to meet their obligation by acting alone, or may be exempt from it by collaborating with others in an exemption scheme. Those which do not will have various requirements placed upon them, including the need to furnish certificates of compliance to the appropriate agency, The Agency in England and Wales and SEPA in Scotland will have the responsibility for registering exemption schemes, and for monitoring and enforcing the legislation.
To date, only regulations governing producer responsibility for packaging and packaging waste have been introduced (the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 in England, Wales and Scotland and the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 in England, Wales and Scotland and the Producer Responsibility Obligations (Packaging Waste) Regulations 1999 (Northern Ireland).
SOURCE: "Croner's Environmental Practice A-Z", October 2000 |
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The Environmental Act 1995
