Register of Environmental Legislation
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Register of Environmental Legislation
Introduction
This Register of Environmental Legislation has been compiled by Loughborough
University’s Environment Management System Working Group.
The register is a working document containing a record of current and future
environmental legislation affecting the University’s environmental management
and operations. The list of legislation is not exhaustive and will be reviewed
periodically to ensure it is up to date.
The Register of Environmental Legislation will be directly linked to Loughborough’s
Environmental and Impacts Register.
2CONTENTS
1.0 AIR
1.1 Clean Air Act and Statutory Nuisance 5
1.2 Volatile Organic Compounds 6
1.3 Climate Change Levy 6
1.4 Ozone Depleting Substances 7
1.5 Fluorinated Green House Gases 8
1.6 Carbon Reduction Commitment 9
1.7 EU Emissions Trading Scheme 10
1.8 Climate Change Act 11
2.0 CONSTRUCTION AND BUILDINGS
2.1 Energy Performance of Buildings 13
2.2 Town and Country Planning 14
2.3 Building Regulations 15
3.0 CONSERVATION AND BIODIVERSITY
3.1 The Wildlife and Countryside Act 1981 16
3.2 The Countryside and Rights of Way Act 2000 17
3.3 The Natural Environment and Communities Act 2006 18
3.4 The Conservation Regulations 2000 (SI 192) 19
3.5 The Protection of Badgers Act 1992 19
4.0 DANGEROUS SUBSTANCES
4.1 Pesticides 20
4.2 Contaminated Land 21
4.3 Nitrate Vulnerable Zones 22
4.4 COSHH 23
4.5 Radiation and Radioactive Substances 24
4.6 Lead at Work 25
4.7 Asbestos 26
4.8 Explosive Substances 27
4.9 Regulation of Genetically Modified Organisms 28
5.0 NUISANCE
5.1 Nuisance and Noise 29
6.0 WASTE
6.1 Site Waste Management Plans (SWMP) 31
6.2 Waste Electrical and Electronic Equipment (WEEE) 32
6.3 Controlled Waste 33
6.4 Hazardous Waste 35
6.5 Duty of Care 37
6.6 Waste Packaging 38
6.7 Composting 39
6.8 Batteries and Accumulators 40
7.0 WATER
7.1 Water Resources Act 1991 42
7.2 Water Act 2003 43
7.3 Water Industry Act 1991 44
37.4 Trade Effluent 45
7.5 Groundwater Storage 46
7.6 Oil Storage 47
8.0 FUTURE LEGISLATION
8.1 Controlled Waste Regulations 2011 48
9.0 VOLUNTARY / OTHER REQUIREMENTS
9.1 HEFCE 47
9.2 Fairtrade Foundation 47
9.3 People & Planet Green League 48
9.4 Business in The Community (BiTC) 48
9.5 North Eastern Universities Purchasing Consortium (NEUPC) 49
9.6 Workers Rights Consortium 49
Criminal Liability:
Throughout this document reference is made to liability of the Statutory Maximum and
various fines. The following explains the phraseology used and what it means:
The prescribed sum is defined by section 32(9) of the Magistrates' Courts Act 1980. It
can be altered under section 143(1) of that Act. It was previously defined by section
28(7) of the Criminal Law Act 1977. It could be altered under section 61(1) of that Act.
The prescribed sum, within the meaning of the said section 32, may be referred to in
legislation as the "statutory maximum". This is the maximum fine that may be imposed
on summary conviction of certain offences in the United Kingdom. In England and Wales
and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it
predates.
41. AIR
1.1 Clean Air Act & Statutory Nuisance
The Environmental Permitting (England and Wales) Regulations 2010 are in general not relevant to
Loughborough, as it applies to institutions that undertake complex and potentially polluting industries
(processing metals, refining, intensive agriculture), they apply for permits and are awarded them with
certain conditions. However for the universities composting activities these regulations do apply and an
exemption or permit is required.
The EP Regulations 2010 extend the The Environmental Permitting (England and Wales) Regulations
2007 which came into force in April 2008 and are subject to the following amendments
The Environmental Permitting (England and Wales) (Amendment) Regulations 2009
The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009
The Environmental Permitting (England and Wales) (Amendment) Regulations 2010
The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2010
Loughborough is also regulated by the following:
Clean Air Act 1993
• Prohibited from emitting Dark or Black smoke (Part I).
• Must inform Local Authorities of proposals to install new furnaces.
• Loughborough University is not in a smoke control area.
• Prohibited from emitting grit or dust (Part II).
Statutory Nuisance (see also Nuisance and Noise)
• Covers areas prejudicial to health or a nuisance (personal discomfort or interference with the
enjoyment of property).
• Main areas include: smoke, fumes/gases, artificial lighting, dust, stream, smell.
• Relevant legislation: Environmental Protection Act 1990 (c.43) Part III
Who does this effect at Loughborough:
Facilities Management, Faculty of Engineering, Faculty of Science
Criminal Liability
Clean Air Act – Any person or corporate body who fails to comply with the duty may be liable to a fine
of upto £5,000 which may increase by £50 per day that the offence is continued or repeated.
Env Permitting Regs 2010 – Liable to a fine of up to £50,000 or imprisonment for up to 12 months or
both.
Regulatory Body:
Local Authority.
Current Compliance Statement:
Relevant staff to be trained in requirements.
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers 24
Date added to the register: 04.02.10 Date amended: 18.07.11
51.2 Volatile Organic Compounds
A volatile organic compound (VOC) is a compound containing carbon that evaporates easily at normal
ambient temperatures. There are restrictions on the use of these compounds in particular procedures
as defined in Schedule 1 of the Statutory Instrument 2004 No. 107, The Solvent Emissions (England
and Wales) Regulations 2004.
Thresholds of solvent consumption as stated in Schedule 1 (tonnes per year) must not be exceeded by
law.
Who does this effect at Loughborough:
Facilities Management
Criminal Liability
Any person or corporate body who fails to comply with the duty may be liable to:
• a fine up to the statutory maximum
• if the matter goes to the Crown Court to an unlimited fine
Regulatory Body:
Environment Agency
Current Compliance Statement:
Relevant staff to be trained in requirements.
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers 24
Date added to the register: 04.02.10 Date amended: 18.07.11
1.3 The Climate Change Levy (General) Regulations 2001
This refers to the Finance Act 2000, in particular Section 30 and Schedule 6 and 7. The Climate
Change Levy (CCL) is a tax on the use of non-renewable energy by businesses and the public sector. It
aims to encourage energy efficiency and reduce emissions.
Loughborough has previously registered for the CCL to the Commissioners of Customs and Excise. The
tax is currently included in the Universities energy bills.
The Taxable rates are detailed on the table below.
Exempt commodities include:
• Good quality CHP systems (based on CHPQA)
• Energy from renewable sources
• The transport sector
Who does this effect at Loughborough:
Facilities Management and Finance
Criminal Liability
Failure to comply with a requirement imposed as part of the provisions of the regulations shall be liable
to a fine of £250 for each such failure.
Regulatory Body:
Customs and Excise
Current Compliance Statement:
Energy Manager aware of tax.
6Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers 6,7,8,9,13
Date added to the register: 04.02.10 Date amended: 18.07.11
Taxable commodity Rate Rate
1 Apr 2011 - 31 1Apr 2012 - 31
Mar 2012 Mar 2013
Electricity 0.485 pence per 0.509 pence per
kilowatt hour kilowatt hour
Gas supplied in Great Britain by a gas utility or any gas supplied 0.169 pence per 0.177 pence per
in a gaseous state that is of a kind supplied by a gas utility kilowatt hour kilowatt hour
Gas supplied by a gas utility to a person who intends to cause 0.059 pence per 0.062 pence per
the gas to be burned in Northern Ireland kilowatt hour kilowatt hour
Any petroleum gas, or other gaseous hydrocarbon, supplied in a 1.083 pence per 1.137 pence per
liquid state kilogram kilogram
Any other taxable commodity 1.321 pence per 1.387 pence per
kilogram kilogram
1.4 Ozone-Depleting Substances
These are controlled by numerous pieces of legislation. See link
http://www.netregs.gov.uk/netregs/63183.aspx In summary they are:
• The Environmental Protection (Controls on Ozone-Depleting Substances) Regulations
2011 Replaces the Environmental Protection (Controls on Ozone-Depleting Substances)
Regulations 2002 (as amended), and enforces the provisions of EC Regulation 1005/2009.
• EC regulation on ozone-depleting substances 1005/2009. Allows governments to impose
new requirements on handling, use, import, export, recovery, recycling, reclaiming, destruction and
trading of listed substances. Sets out plans to phase out production, trade and use of
hydrochlorofluorocarbons.
• EC Regulation 744/2010 amending EC Regulation 1005/2009 on ozone-depleting
substances. Bans the use of halons in firefighting equipment except for military and aviation uses.
Who does this effect at Loughborough University
Purchasing, Facilities Management and Resources, H&S
Criminal Liability
Any person or corporate body who fails to comply with the duty may be liable to:
• a fine up to the statutory maximum
• if the matter goes to the Crown Court to an unlimited fine
Regulatory Body:
Local Authority
7Current Compliance Statement:
Relevant departments to be made aware of regulation. Substances being progressively phased out
(halon fire extinguishers already completed, fridges disposed of by competent authorities).
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers 24
Date added to the register: 01.03.10 Date amended: 18.07.11
1.5 Fluorinated Greenhouse Gases
These are controlled by numerous pieces of legislation. See link
http://www.netregs.gov.uk/netregs/63183.aspx In summary they are:
• European Community (EC) Regulation on certain fluorinated greenhouse gases 842/2006.
Aims to reduce emissions of fluorinated greenhouse gases through measures for their containment,
use, recovery and destruction. Find the EC F-gases Regulation on the Europa website.
• EC Regulation establishing standard leakage checking requirements for stationary
o fire protection systems containing certain fluorinated greenhouse gases
1497/2007. Find EC Regulation 1497/2007 on the Europa website.
o refrigeration, air conditioning and heat pump equipment containing certain
fluorinated greenhouse gases 1516/2007. Find EC Regulation 1516/2007 on the Europa
website.
• The Fluorinated Greenhouse Gases Regulations 2009. Replaces and amends the Fluorinated
Greenhouse Gas Regulations 2008. Creates offences and penalties for not complying with recovery
of F-gases legislation, labelling, qualifications and certificates required to work with products or
equipment containing them.
In this section of legislation Loughborough University is classified as an End User. The University
should be particularly concerned with two sources of ‘F-Gases’:
• Stationary refrigeration (e.g cold stores), air conditioning and heat pumps (RAC)
• Fire Protection (including fixed systems and portable extinguishers).
The generic obligations regarding these are:
• Take steps to prevent F-gas leakage and repair leakages as soon as possible.
• Regularly check for leakages.
• Fit auto leak detection systems on large systems (>300kg).
• Keep certain records about known F-gas locations.
• Recover F gases during servicing, maintenance and end of life.
• Use appropriate qualified personnel to carry out installation, servicing, maintenance and leakage
checking.
• Label new equipment adjacent to service point and instruction manuals.
• Placing on the market non-refillable containers used to service equipment is banned.
NB – there are minor differences in the obligations for RACs and Fire Protection equipment.
Refer to Defra website for detail:
http://www.defra.gov.uk/environment/quality/air/fgas/index.htm
Who does this effect at Loughborough University:
Facilities Management, Human Resources, Engineering Faculty and department, Health and Safety.
Criminal Liability
8Any person or corporate body who fails to comply with the duty may be liable to:
• a fine up to the statutory maximum
• if the matter goes to the Crown Court to an unlimited fine
Regulatory Body:
Environment Agency
Current Compliance Statement:
Relevant staff to be trained in requirements.
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers 13,14,17,18
Date added to the register: 01.03.10 Date amended: 18.07.11
1.6 Carbon Reduction Commitment
Part of the Climate Change Act 2008 and supported by
• The Climate Change Act 2008 (2020 Target, Credit Limit and Definitions) Order 2009
• The Climate Change Act 2008 (Credit Limit) Order 2011
Basic Timeline for LOUGHBOROUGH UNIVERSITY involvement:
• 2008 determine total half-hourly annual electricity consumption
• April-September 2010 LOUGHBOROUGH UNIVERSITY must register on scheme
• April 2010 to April 2011 – Footprint year
• April 2010 onwards – trading of emissions credits begins.
For more details and updates visit the Defra website:
http://www.defra.gov.uk/environment/climate/
Who does this effect at Loughborough University:
Facilities Management, Finance.
Criminal Liability
N/A
Regulatory Body:
N/A
Current Compliance Statement:
Chief Operating Officer and Energy Manager are aware of CRC.
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers
Date added to the register: 01.03.10 Date amended: 18.08.11
91.7 EU Emissions Trading Scheme (EUETS)
st st
Phase 2: 1 January 2008 – 31 December 2012
st st
Phase 3: 1 January 2013 – 31 December 2020
Part of the EUETS Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for
greenhouse gas emissions allowance trading within the Community and amending Council Directive 96/61/EC(b)
and amended as Directive 2004/101/EC.
UK Regulations
The Greenhouse Gas Emissions Trading Scheme Regulations (SI 2005 No. 925 as amended by SI 2005 No.
2903, SI 2006 No 737, SI 2007 No. 465 and SI 2007 No. 3433)
UK Regulators
The Environment Agency
Timeline for LOUGHBOROUGH UNIVERSITY involvement.
Annual Reporting Requirements:
•
st
1 January – Start of monitoring period.
•
st
31 March – Submit verified annual emissions.
•
st
1 April – Enter Verified Emissions into Registry.
•
th
30 April – Surrender Allowances from Registry.
•
th
30 June – Submit Improvement Report.
• August – Commission Annual Verifier.
• December – Produce Annual Emissions Report.
•
st
31 December – End of Monitoring period.
For more details and updates visit The Environment Agency website:
http://www.environment-agency.gov.uk/business/topics/pollution/140990.aspx
Who does this effect at Loughborough University:
Facilities Management, Finance.
Criminal Liability
N/A
Regulatory Body:
N/A
Current Compliance Statement:
Chief Operating Officer and Energy Manager and Finance Manager are aware of EUETS.
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers
Date added to the register: 29.11.12 Date amended: 29.11.12
101.8 Climate Change Act 2008
Supported by
• The Climate Change Act 2008 (2020 Target, Credit Limit and Definitions) Order 2009
• The Climate Change Act 2008 (Credit Limit) Order 2011
The Act sets up a framework for the UK to achieve its long-term goals of reducing greenhouse gas
emissions and to ensure steps are taken towards adapting to the impact of climate change. Its main
elements are as follows:
Setting emissions reduction targets in statute and carbon budgeting. The Act establishes an
economically credible emissions reduction pathway to 2050 and beyond by putting into statute medium
and long-term targets. In addition, the Act introduces a system of carbon budgeting which constrains the
total amount of emissions in a given time period. Carbon budget periods will last five years, beginning
with the period 2008–2012, and must be set three periods ahead. The Secretary of State is required to
give indicative ranges for the net UK carbon account in each year of a budgetary period, to set a limit on
use that can be made of international carbon credits in each budgetary period and to develop and report
on his proposals and policies for meeting carbon budgets.
A new reporting framework. The Act provides for a system of annual reporting by the Government on
the UK’s greenhouse gas emissions. The new Committee on Climate Change will have a specific role in
reporting annually on progress, with the Government required to lay before Parliament a response to
this progress report.
The creation of an independent advisory body. The Act creates a new independent body, “the
Committee on Climate Change”, to advise the Government and devolved administrations on how to
reduce emissions over time and across the economy and, on request, on any other matter relating to
climate change, including adaptation to climate change. This expert body will advise on the optimum
trajectory to 2050, the level of carbon budgets, and on how much effort should be made by the part of
the economy covered by trading schemes and by the rest of the economy, as well as reporting on
progress.
Trading scheme powers. The Act includes powers to enable the Government and the devolved
administrations to introduce new domestic trading schemes to reduce emissions through secondary
legislation. This increases the policy options which the Government could use to meet the medium and
long-term targets in the Act.
Adaptation. The Act sets out a procedure for assessing the risks of the impact of climate change for the
UK, and a requirement on the Government to develop an adaptation programme on matters for which it
is responsible. The programme must contribute to sustainable development. The Act also gives powers
to direct other bodies to prepare risk analyses and programmes of action, and advisory and progress-
reporting functions to the Committee on Climate Change.
Policy measures which reduce emissions. The Act will be used to support emissions reductions
through several specific policy measures: amendments to improve the operation of the Renewable
Transport Fuel Obligations; a power to introduce charges for single use carrier bags; a power to pilot
local authority incentive schemes to encourage household waste minimisation and recycling;
amendments relating to the Certified Emissions Reductions Scheme; powers and duties relating to the
11reporting of emissions by companies and other persons; a duty to make annual reports on the efficiency
and contribution to sustainability of buildings on the civil estate.
For more details and updates visit the Defra website:
http://www.defra.gov.uk/environment/climate/
Who does this effect at Loughborough University:
Facilities Management, Finance.
Criminal Liability
N/A
Regulatory Body:
N/A
Current Compliance Statement:
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers
Date added to the register: 18.08.11 Date amended:
122. CONSTRUCTION AND BUILDINGS
2.1 The Energy Performance of Buildings (Certificates and Inspections) (England and Wales)
Regulations 2007
These Regulations implement in England and Wales Articles 7, 9 and 10 of the Energy Performance of
Buildings Directive 2003. Their effect is to require—
(a) energy performance certificates (“EPCs”) and recommendations for improvement of the energy
performance of the building to be produced when buildings are constructed, sold or rented out;
(b) display energy certificates (“DECs”) to be displayed in larger buildings occupied by public authorities
and by institutions providing public services to a large number of persons and therefore frequently
visited by those persons, and the production of advisory reports with recommendations for
improvement of the energy performance of the building;
(c) air-conditioning systems to be inspected at regular intervals not exceeding 5 years; and
All systems over 250 kW should have occurred by 4 January 2009 with the remainder over 12 kW by 4
January 2011. An advisory report will be provided following inspections.
(d) energy assessors producing the certificates or carrying out the inspections to be accredited.
AMENDED BY:
The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment)
Regulations 2009 which relates to the disclosure of EPC’s and DEC’s.
The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment)
Regulations 2010 which relates to the requirement for an EPC under S5A of the Housing Act 2004.
Full details can be found at:
http://www.communities.gov.uk/planningandbuilding/theenvironment/energyperformance/publiccommerc
ialbuildings/displayenergycertificates/
Who does this effect at Loughborough University
Estates and Resources (both as building managers/maintainers and utilities).
Criminal Liability
• Penalty charge of £500 for failure to display a DEC where required.
• Penalty charge of £1000 for failure to possess or have in their control a valid advisory report.
• Penalty charge of £300 for non-compliance of inspection of an air conditioning system.
Regulatory Body:
Local Authority, enforced by Office of Trading Standards
Current Compliance Statement:
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers 17
Date added to the register: 03.03.10 Date amended: 18.07.11
132.2 The Town & Country Planning (Environmental Impact Regulations)
As laid down by:
• The Town and Country Planning (Environmental Impact Assessment) (England and Wales)
Regulations 1999
• The Town and Country Planning (Environmental Impact Assessment) (England and Wales)
(Amendment) Regulations 2000
• The Town and Country Planning (Environmental Impact Assessment) (Amendment) Regulations
2006
• The Town and Country Planning (Environmental Impact Assessment) (Mineral Permissions and
Amendment) (England) Regulations 2008
• The Town and Country Planning (Environmental Impact Assessment) (Amendment) (England)
Regulations 2008
These Regulations implement Article 3 of Directive 2003/35/EC, which amends the Environmental
Impact Assessment Directive (85/337/EEC as amended by 97/11/EC) (“the EIA Directive”).
The Regulations also apply the requirements of the EIA Directive to local development orders made
under section 61A of the Town and Country Planning Act 1990. Local development orders were
introduced by section 40 of the Planning and Compulsory Purchase Act 2004.
Any Project undertaken by Loughborough University that has the potential to have a negative
environmental impact must have an EIA undertaken if stipulated as necessary by the Local Authority for
Planning Permission to be granted.
At Loughborough University for the majority of major Projects an environmental assessment is
performed as standard regardless of whether an EIA is stipulated for Planning. This is however on a
Project specific basis.
Who does this effect at Loughborough University:
Facilities Management Department and any Schools/Departments undertaking work requiring planning
permission.
Criminal Liability
Planning will be declined if one is not produced as required or if findings show the environmental effects
to be sensitive with maximum mitigation.
Regulatory Body:
Local Authority
Current Compliance Statement:
Relevant staff to be trained in requirements.
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers 14,17,21
Date added to the register: 01.03.10 Date amended: 18.07.11
142.3 Building Regulations
The Building Regulations 2010 consolidate the Building Regulations 2000 (S.I. 2000/2531) and
subsequent amending Regulations, and The Building (Approved Inspectors etc.) Regulations 2010
consolidate the Building (Approved Inspectors etc.) Regulations 2000 (S.I. 2000/2532) and subsequent
amendments. These are two separate but related consolidations and are pursuant of the Building Act
1984
In addition, most of the new or extended schemes are in areas such as the installation of
microgeneration and renewable technologies, the replacement of windows and doors in dwellings, the
replacement of roof coverings and the installation of cavity wall insulation and so will help to support the
Government’s commitment to improving energy efficiency in buildings.
Building regulations apply to building works the definition of which is documented in Part 2 Section 3 of
the regulations.
The Regulations impact on the environment through:
• Part A – Ensuring that the effects of wind are managed
• Part B – Preventing fire
• Part C – Considering ground contamination
• Part D – Managing the use of potentially toxic substances
• Part E – Management of noise
• Part F – Ensuring adequate ventilation
• Part G – Sanitation and water usage
• Part H – Drainage and Waste disposal
• Part J – Combustion appliances and fuel storage
• Part L – Conservation of Fuel and Power
Who does this effect at Loughborough University:
Facilities Management Department and any Schools/Departments undertaking work falling within the
definition detailed in the regulations.
Criminal Liability
Under the Building Act 1984 –
If a person contravenes any provision contained in the building regulations, other than a provision
designated in the regulations as one to which this section (35) does not apply, he is liable on summary
conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £50
for each day on which the default continues after he is convicted.
Additionally the building works can be ordered to be removed or altered as per section 36 of the Act.
Regulatory Body:
Local Authority
Current Compliance Statement:
Facilities Management staff are aware, departmental staff may be less aware and awareness training
may be required
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers 14,17,21
Date added to the register 18.07.11 Date amended: 18.07.11
153. CONSERVATION AND BIODIVERSITY
3.1 The Wildlife & Countryside Act 1981
This Act prohibits certain methods of killing, removing or affecting wild animals, amends the laws on the
protection of mammals, restricts the introduction of certain designated animals and plants (those
deemed invasive) and deals with natural habitats, nature conservation, the countryside and National
Parks. Licences need to be obtained to for to allow certain prohibited activities to occur. It also makes
provisions regarding the Countryside Commission and Public Rights of Way.
The Wildlife & Countryside Act 2004 Regulations (SI 1487)
• This provides specific reference to Great Crested Newts (GCNs), covered by Schedule 5, and
prohibits any activity detrimental to GCNs with licences required for there relocation etc.
• Part 3: Public Rights Of Way – this looks at public rights of way, specifically byways, bridleways
and footpaths, providing details for their classification under definitive maps and statements. For
Loughborough this means that any public footpath passing within Loughborough’s boundary
remains accessible to the public.
Amendments Under The Countryside & Rights Of Way Act 2000
• Provisions are made which enable conservation agencies to impose permanent restrictions
preventing damaging operations on Sites Of Special Scientific Interest (SSSIs). Conservation
agencies now have the power to secure the management of a SSSI and procedures put in place
for notification and de-notification of SSSIs.
• Conservation agencies’ powers are increased with regard to the entry to land and compulsory
purchase and there are increased penalties to damage to SSSIs, as well as a new power for
conservation agencies to make bylaws to protect SSSIs.
The Conservation (Natural Habitats &c) (Amendment) Regulations 2007 (SI 1843)
• Provisions are made for the conservation of natural habitats, wildlife, flora and fauna.
• Provisions are made for increased measures to protect and conserve natural habitats and wild
animals.
N.B: Loughborough land does not have any SSSIs at present. For further details on requirements
related to these and other nature designations please refer to the actual Act. The woodlands are
registered in the Leicestershire Inventory of Ancient Woodland.
Specifically for Loughborough this means that:
• Onsite wildlife and their habitats need to be monitored and disruption avoided.
• Any rights of way must be well signed, safe and accessible to the public.
Further information can be found at: http://www.jncc.gov.uk/page-1377 and
http://www.opsi.gov.uk/si/si2004/20041487.htm
Who does this effect at Loughborough:
Facilities Management and any Schools/Departments undertaking studies on campus biodiversity
Criminal Liability
Any statutory undertaker guilty of an offence are liable on summary conviction to a fine of up to £20,000,
and on conviction on indictment to a fine or custodial sentence (up to 6 months for handling, damaging
or killing a GCN).
16Regulatory Body:
Environment Agency, Local authority, Natural England and Secretary of state
Current Compliance Statement:
Relevant staff to be trained in requirements.
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers 21
Date added to the register: 04.02.10 Date amended:
3.2 The Countryside & Rights Of Way Act 2000
This Act saliently aims to improve public access to the open countryside whilst recognising the interests
of owners and managers. It amends the laws currently related to rights of way and nature conservation
and provides a basis for the conservation of biodiversity and better management of Sites of special
Scientific Interest and Areas of Outstanding Natural Beauty (AONBs). The Act is split into the following
four parts:
• Part One: Access To The Countryside
• Part Two: Public Rights Of Way And Road Traffic
• Part Three: Nature Conservation & Wildlife Enforcement
• Part Four: Areas Of Outstanding Natural Beauty
Part Two: Public Rights Of Way And Road Traffic
• This is designed to reform and improve rights of way (ROW) in England and Wales with the
following measures introduced:
• Clear signage and safe passage over land with containing a public ROW is required.
• New rights are given to landowners and occupiers so they can apply to local authorities for an
order to divert or remove a footpath or bridleway over their land. Similar rights are also given to
schools and ROW can be diverted for security reasons and for crime prevention.
• Occupiers of any land can temporarily divert a footpath or bridleway which passes over land
where works are to be carried out which poses dangers to users.
Further information can be found at: http://www.opsi.gov.uk/acts/acts2000/ukpga_20000037_en_1 and
http://www.jncc.gov.uk/page-1378
Who does this effect at Loughborough:
Facilities Management and land managers.
Criminal Liability
Prosecution for non-compliance and possible fines can be enforced for guilty offenders.
Regulatory Body:
Local Authority
Current Compliance Statement:
Relevant staff to be trained in requirements.
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers 21
Date added to the register: 04.02.10 Date amended:
173.3 Natural Environment & Communities Act 2006
This Act recognises the key role Local Authorities have to play in the conservation of biodiversity and
formalises it under Section 40 of the Natural Environment and Rural Communities (NERC) Act 2006.
Conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or
enhancing a population or habitat.
Specifically for Loughborough this means:
• Monitoring wildlife on site and ensuring habitats are not disrupted.
• Ensuring pesticides are used for approved purposes only and are not used against protected
wildlife, with any used recorded.
Further information can be found at: http://www.defra.gov.uk/rural/ruraldelivery/bill/ and
http://www.opsi.gov.uk/si/si2006/20062541.htm
Who does this effect at Loughborough:
Facilities Management and land managers.
Criminal Liability
Prosecution for non-compliance and possible fines or imprisonment can be enforced for guilty offenders.
Regulatory Body:
Local Authority
Current Compliance Statement:
Relevant staff to be trained in requirements.
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers 21
Date added to the register: 04.02.10 Date amended:
183.4 The Conservation Regulations 2000 (SI 192)
Regulation 39 relates specifically to Great Crested Newts and stipulates that their habitats and
populations are not disturbed, damaged or removed. Licences must be sought for any interference and
if planning permission is sought for the premises in question any population present must be mentioned.
Further information can be found at: http://www.opsi.gov.uk/si/si2000/20000192.htm
Who does this effect at Loughborough:
Facilities Management and land managers.
Criminal Liability
Prosecution for non-compliance and possible fines or imprisonment can be enforced for guilty offenders.
Regulatory Body:
Local Authority
Current Compliance Statement:
Relevant staff to be trained in requirements.
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers 21
Date added to the register: 04.02.10 Date amended:
3.5 Protection Of Badgers Act 1992
Badger setts are known to be present on the Loughborough Campus and in particular at the Wesdt End
of site in and around the woodlands. This Act ensures that badgers and their setts are not harmed or
disrupted with licences required for the purpose of study, monitoring and marking and all other possible
disturbances.
Further information can be found at: http://www.opsi.gov.uk/ACTS/acts1992/ukpga_19920051_en_1
Who does this effect at Loughborough:
Facilities Management and land managers.
Criminal Liability
Prosecution for non-compliance and possible fines or imprisonment can be enforced for guilty offenders.
Regulatory Body:
Local Authority
Current Compliance Statement:
Relevant staff to be trained in requirements.
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers 21
Date added to the register: 04.02.10 Date amended:
194. Dangerous Substances
4.1 Pesticides
Pesticides and biocides are biologically active products designed to control pests, weeds, insects,
mammals, fungi and diseases). Regulations are in place to protect the supply of food and its quality.
There are many restrictions on the manufacture, sales and transport of pesticides but these are not
applicable to Loughborough University
As an employer the University has duties to comply with:
• Provisions on the sale supply and storage of pesticides consent covering: training of employees
and precautions to protect health and the environment.
• Ensuring the Health and Safety at Work, etc Act 1974 and the Control of Substances
Hazardous to Health 2002 (COSHH) are followed.
• Classification (Hazardous Information and Packaging for Supply) Regulations 2002 (CHIP).
• Ensuring employees adhere to instructions concerning the use and disposal of chemicals.
The Food and Environment Protection Act 1985 (FEPA) aims to protect the health of humans,
animals and plants, safeguard the environment and to secure safe, efficient and humane methods of
controlling pests.
The University should only use products which have full approval (The Control of Pesticide
Regulations 1986) (COPR), it should take all reasonable precautions to protect human beings,
creatures, plants and the environment whilst avoiding water pollution in particular.
Schedule 2, Regulation 6(b) are key to our duties under pesticide regulations and relate to the storage
of pesticides and training of staff as follows:
2. – (1) Any person who sells, supplies or stores a pesticide shall –
(a) take all reasonable precautions, particularly with regard to storage and transport, to protect
the health of human beings, creatures and plants, safeguard the environment and in particular avoid the
pollution of water; and
(b) be competent for the duties which that person is called upon to perform.
And with regard to the use of pesticides:
3. No person in the course of a business or employment shall use a pesticide, or give an instruction to
others on the use of a pesticide, unless that person -
(a) has received adequate instruction, training and guidance in the safe, efficient and
humane use of pesticides, and
(b) is competent for the duties which that person is called upon to perform.
4. Any person who uses a pesticide shall confine the application of that pesticide to the land, crop,
structure, material or other area intended to be treated.
Anyone who uses a knapsack sprayer to apply pesticides must hold the NPTC city and guilds
certificate PA 06.
For more general information about the use of pesticides please see :
http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1086779938&r.i=1086806329&r.l1=107
9068363&r.l2=1086048482&r.l3=1086778448&r.s=sc&r.t=RESOURCES&type=RESOURCES
Who does this effect at Loughborough University:
Facilities Management – Grounds and Maintenance.
Criminal Liability
Any person who commits an offence under these Regulations is liable on summary conviction to a fine
of up to the statutory maximum and on conviction on indictment, to an unlimited fine.
20Regulatory Body:
Defra
Current Compliance Statement:
Relevant staff training occurs in appropriate departments.
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers 21
Date added to the register: 01.03.10 Date amended: 01/12/11
4.2 Contaminated Land
The purpose of the contaminated land regime is to identify land that, because of the presence of
contaminants, presents in its existing use a significant threat to human health, property or the natural
environment.
The regime has specific criteria for classifying land as contaminated — the clean-up of other derelict and
brownfield sites for redevelopment is dealt with under the planning system.
The provisions for the contaminated land regime are contained in Part IIA of the Environmental
Protection Act (EPA) 1990 (which was inserted by the Environment Act 1995) and the Contaminated
Land (England) Regulations 2006.
Once a local authority or the environment agency classify land as contaminated the polluter is
responsible for remediation (can be done voluntary or through a remediation notice).
The University must prevent the creation of contaminated land. Possible sources of contamination may
be:
• Leakage
• Accidental spillage
• Uncontrolled waste disposal
• Release of hazardous substances during poorly managed demolition or redevelopment
• Deposition of airborne substances
• Inappropriate application of substances to land
• Flooding events
Who does this effect at Loughborough University:
Facilities Management.
Criminal Liability
Potential civil liability for damage resulting from migrating pollution. Potential criminal liability for
offences resulting from migrating pollution.
Regulatory Body:
Local Authorities & Environment Agency
Current Compliance Statement:
Relevant staff to be trained in requirements.
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers
Date added to the register: 01.03.10 Date amended: (Reviewed 1/12/11 – Not amened)
214.3 Nitrate Vulnerable Zones
The Nitrate Pollution Prevention Regulations 2008 have been introduced to implement the
European Communities Nitrates Directive and to reduce nitrogen losses from agriculture to water. They
designate areas where nitrate pollution is a problem, known as Nitrate Vulnerable
Zones (NVZs), and set rules for certain farming practices which must be followed within these zones.
The NVZ rules will commence on 1st January 2009 and are detailed here:
http://www.businesslink.gov.uk/bdotg/action/layer?topicId=1083659199
In summary the NVZ rules cover:
• Storage of organic manures
• Limits to livestock manure N on farm
• Planning Nitrogen use in each field
• Limits of N for each crop
• Closed spreading periods for organic manures
• Limits of organic manure N in fields
• Closed spreading periods for manufactured fertiliser
• Keeping N out of surface waters
• Field application techniques
Who does this effect at Loughborough University:
Facilities Management – Grounds and Maintenance. .
Criminal Liability
If found guilty of an offence under the regulations, the offender will be fined.
Regulatory Body:
Defra
Current Compliance Statement:
Relevant staff to be trained in requirements.
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers
Date added to the register: 01.03.10 Date amended: 1/12/11
224.4 COSHH
The Control of Substances Hazardous to Health Regulations 2002 (as amended) is designed to protect
employees and others from exposure to chemicals (or other hazardous substances) which may put
people’s health at risk.
COSHH also provides a valuable contribution to prevent environment impact (spillages etc) through the
use of best practice.
To comply with COSHH the University must follow these eight steps:
• Assess the risks
• Decide what precautions are needed
• Prevent or adequately control exposure
• Ensure that control measures are used and maintained
• Monitor exposure
• Carry out appropriate health surveillance
• Prepare plans and procedures to deal with the accidents, incidents and emergencies
• Ensure that employees are properly informed, trained and supervised
Further details on COSHH requirements and these steps can be found at: http://www.hse.gov.uk/coshh/
COSHH Policy is predominantly managed by Loughborough’s Health and Safety team.
Loughborough University’s COSHH policy is available from the University website
http://www.lboro.ac.uk/admin/hse/policies/specific-policies.html.
For further queries about the COSHH legislation please contact a member of the Health and
Safety team.
NB The information given to customers about hazardous substances in labels and in datasheets is
covered by other regulations. Please see the HSE website for further information:
http://www.hse.gov.uk/coshh/detail/substances.htm.
Who does this effect at Loughborough University
Every School and Support Service
Criminal Liability
Unlimited fine (Crown Court)
£5,000 per breach of a regulation (Magistrates Court)
Regulatory Body:
Health and Safety Executive
Current Compliance Statement:
Relevant staff aware of legislation.
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers 1
Date added to the register: 01.03.10 Date amended: 1/12/11
234.5 Radiation
Ionising radiation occurs as either electromagnetic rays (X-rays, gamma rays) or particles (alpha or beta
particles). There are two sources; natural (e.g. radioactive decay) or artificial generation. Exposure,
causing significant health problems, can be external (e.g. X-ray) or internal (e.g. inhaling or ingesting
radioactive substances.
4.5.1 The Ionising Radiation Regulations 1999 (Statutory Instrument 1999 No. 3232.) apply to
workspaces where radioactive substances and electrical equipment emitting ionising radiation are used.
Under the regulations the University must keep exposure to ionising radiation as low as is reasonably
practicable. Exposures must not exceed specified dose limits. Exposure restriction should be achieved
by engineering control and design features. If not reasonably practicable employees should introduce
safe work systems and then rely on personal protective equipment as a last resort.
This legislation is controlled by the Health and Safety Executive and is managed by the Radiation
Protection Officer within the Health and Safety team at Loughborough. Radiation will become an
environmental issue if radioactive substances are purposefully or accidentally released. For more
information on Loughborough University’s radiation controls please contact the Radiation Protection
Officer or a member of the Health and Safety team.
4.5.2 The Environmental Permitting Regulations 2010 (+ Exemption Orders Amendments 2011)
Under these regulations the University must comply with permits that set out how much radioactive
material we are able to hold and in what way radioactive substances can be disposed of as waste.
This legislation is enforced by the Environment Agency and is managed by the Radiation Protection
Officer within the Health and Safety Office
Further information on these legal requirements can be found here:
• http://www.hse.gov.uk/radiation/ionising/
• http://www.environment-agency.gov.uk/business/sectors/39773.aspx
Please contact the Radiation Protection Officer, Julie Turner, for further information.
Who does this effect at Loughborough:
Health and Safety, Facilities Management , Various department with sealed radioactive sources used for
research
Criminal Liability
Unlimited fine (Crown Court) Imprisonment (up to 6 months)
Regulatory Body:
Health and Safety Executive
Environment Agency
Current Compliance Statement:
Radiation Protection Supervisors trained in every pertinent department
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers
Date added to the register: 01.03.10 Date amended: 1/12/11
244.6 Lead at Work
The Control of Lead at Work Regulations 2002 (Statutory Instrument 2002 No. 2676) are designed
to protect workers and others from exposure to lead.
Before an employer exposes any employee to lead, he must carry out an assessment of the risk created
by the work. If the exposure of employees is likely to be significant, employers must prevent or control
exposure to lead, prevent eating, drinking and smoking in any place likely to be contaminated by lead,
maintain control measures, monitor concentrations of lead in the air and ensure that employees likely to
be exposed to significant levels of lead are under medical surveillance. When blood-lead concentrations
exceed action levels, the employer must take action to reduce the blood-lead concentration. When
suspension levels are exceeded, the employee must be suspended.
Further details can be found here:
http://www.opsi.gov.uk/si/si2002/20022676.htm
http://www.hse.gov.uk/pubns/indg305.pdf
http://www.hse.gov.uk/pubns/priced/l132.pdf
This legislation is controlled by the Health and Safety Executive and is managed by the Health
and Safety team at Loughborough. For more information on Loughborough’s Lead at Work
procedures please contact a member of the Health and Safety team.
Who does this effect at Loughborough University:
Facilities Management – repair and maintenance where lead based material may be present
Academic departments using lead based products or laboratory chemicals
Criminal Liability
Penalties in accordance with Schedule 3A of the Health and Safety Offences Act 2008:
http://www.legislation.gov.uk/ukpga/2008/20/schedule/1
Regulatory Body:
Health and Safety Executive
Current Compliance Statement:
Relevant staff aware of legislation.
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers
Date added to the register: 01.03.10 Date amended: 1/12/11
254.7 Asbestos
The University, as an employer, has a Duty to Manage Asbestos to ensure that its employees and
customers (and general public) are not exposed to asbestos under the Control of Asbestos
Regulations 2006. The Regulations also prohibit the importation, supply and use of all forms of
asbestos.
The employer has a duty to find out which buildings contain asbestos, what condition it is in and whether
it poses a risk to employees. The owner of the property is responsible for ensuring the safety of the
building and removal of any asbestos that is a risk.
Any work to repair or remove asbestos may only be carried out by companies licensed to do so by the
Health and Safety Executive. Work is only exempt from licensing if:
• the exposure of employees to asbestos fibres is sporadic and of low intensity
• it is clear from the risk assessment that the exposure of any employee to asbestos will not
exceed the control limit (see HSE guidance for more information).
Asbestos is classed as Hazardous Waste. All asbestos waste must be disposed of at a licensed waste
disposal site and carried by a licensed carrier as stated in the Hazardous Waste (England and Wales)
Regulations 2005.
More information on the Control of Asbestos regulations can be found here
http://www.opsi.gov.uk/si/si2006/20062739.htm
This legislation is controlled by the Health and Safety Executive and is managed by the Health
and Safety team in Loughborough University. For more information on Asbestos procedures at
Loughborough University please contact Catherine Moore (HS and E) or James Stapleton
(Facilities Management.)
Who does this effect at Loughborough University:
Health and Safety,
Facilities Management.
Criminal Liability
Penalties in accordance with Schedule 3A of the Health and Safety Offences Act 2008:
http://www.legislation.gov.uk/ukpga/2008/20/schedule/1
Regulatory Body:
Health and Safety Executive,
Environment Agency and Charnwood Borough Council – for waste control and fly-tipping
Current Compliance Statement:
Facilities Management produce and manage the Asbestos Register on behalf of the University.
Please contact David Clews
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers 1,17
Date added to the register: 01.03.10 Date amended: 1/12/11
264.8 Explosive Substances
Dangerous substances are any substances used or present at work that could, if not properly controlled,
cause harm to people as a result of a fire or explosion. They include such things as solvents, paints,
varnishes, flammable gases, dusts from machining and sanding operations and dusts from foodstuffs.
The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) puts duties
on employers and the self-employed to protect people from risks to their safety from fires, explosions
and similar events in the workplace, this includes members of the public who may be put at risk by work
activity.
The employers must put in control measures to either eliminate/control the risk of fire and explosions or
to control/mitigate the effects of any incidents involving dangerous substances. Plans and procedures
must be put in place to deal with incidents and affected employees must be informed of and trained to
control or deal with the risks.
Dangerous substances include:
• substances or mixtures of substances classified as explosive, oxidising, extremely flammable,
highly flammable, or flammable under the current CHIP Regulations. Many dangerous
substances are listed in the Approved Supply List – Information approved for the classification
and labelling of substances dangerous for supply (part of the CHIP package).
• any kind of dust that when spread in air to form a cloud (ie form an explosive atmosphere), can
explode.
• any other substances, or mixtures of substances, which because of their physical properties and
the way in which they are present in the workplace create a risk to safety from fires and
explosions, but which may not be covered by CHIP. For example high flashpoint liquids present
in the workplace at elevated temperatures.
For more information go to http://www.hse.gov.uk/fireandexplosion/dsear.htm
The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 SI 2002 No 1689
or CHIP Regulations deal with the marketing of dangerous substances (e.g. mercury or sulphuric acid)
and preparations (e.g. mixtures of substances such as paints and inks).
The regulations require suppliers of chemicals to decide whether they are dangerous and in what way
(e.g. corrosive, flammable, irritant etc), and then provide information to their customers in the form of
warning labels and safety data sheets. The chemicals must also be packaged properly.
PLEASE NOTE THAT THE CHIP REGULATIONS ARE GRADUALLY BEING REPLACED BY THE
CLASSIFICATION LABELLING AND PACKAGING REGULATIONS (Phased in until June 2015) - For
further information on Explosive Substances please contact a member of the Health and Safety Team.
Licensing /Registration and Certification of Explosive materials
Not surprisingly there are strictly enforced rules around manufacture, storage and use of explosive
material - see http://www.hse.gov.uk/explosives/licensing/index.htm for information on the regulatory
procedures.
Who does this effect at Loughborough University:
Health and Safety, Facilities Management, all departments using substances which may create
explosive atmospheres
Criminal Liability
Penalties in accordance with Schedule 3A of the Health and Safety Offences Act 2008:
http://www.legislation.gov.uk/ukpga/2008/20/schedule/1
27Regulatory Body:
Health and Safety Executive
Current Compliance Statement:
Relevant staff to be trained in requirements. Audit undertaken February 2010
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers
Date added to the register: 01.03.10 Date amended: 1/12/11
4.9 Regulation of Genetically Modified Organisms
The Genetically Modified Organisms (Contained Use) Regulations 2000 (amended 2002, 2005 and
2010) applies to the use of GMOs in the workplace and to provide for human health and safety and
environmental protection from genetically modified micro-organisms, plants and animals in contained
use. These regulations are controlled by the Health and Safety Executive.
The key requirement of the GMO (CU) Regulations is to assess the risks of all activities and to make
sure that any necessary controls are put in place. The GMO (CU) Regulations provide a framework for
making these judgments, and place clear legal obligations on people who work with GMOs.
Notification to the Competent Authority (HSE) of all premises where genetic modification is to take place
is required, as is prior notification of certain higher risk activities; consents are required for the highest
risk activities.
For more information go to:
• http://www.hse.gov.uk/biosafety/gmo/law.htm
The Genetically Modified Organisms (Deliberate Release) Regulations 2002, controlled by DEFRA,
regulate the deliberate release of GMOs into the environment. They support the EU Directive
2001/18/EC which states that GMOs must be approved on safety grounds before they can be released
into the environment anywhere in the EU.
Any GMO that is approved and released into the Environment will be closely monitored so if any new
risks come to light the regulators can amend or revoke their consent.
For more information go to:
• http://www.defra.gov.uk/environment/quality/gm/index.htm
• http://www.opsi.gov.uk/si/si2000/20002831.htm
Who does this effect at Loughborough University:
Centre for Biological engineering,
Criminal Liability
Penalties in accordance with Scehdule 3A of the Health and Safety Officences Act 2008:
http://www.legislation.gov.uk/ukpga/2008/20/schedule/1
Regulatory Body:
Health and Safety Executive and DEFRA
Current Compliance Statement:
Relevant staff aware of legislation.
University Biological Safety Policy – see website
28Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers
Date added to the register: 01.03.10 Date amended: 1/12/11
295. NUISANCE & NOISE
5.1 Nuisance
Nuisance can be described as causing discomfort by one person or entity to another. There are four
main types of nuisance:
1. Private Nuisance
This type is where a civil wrong (a “tort”) has been committed which gives rise to civil liability (when
a landowner interferes with another’s use, enjoyment or right to use their land). Remedies could be
abatement of the nuisance (stopping it out of court), court injunction (ordering the nuisance to be
abated) or/and damages payment.
2. Public Nuisance
A criminal offence. Defined as an inconvenient or troublesome offence which annoys the
community in general rather than individuals. Local Authorities (LA) usually prosecute the party
causing the nuisance. Following trial in either magistrates or crown court a guilty offender can face
unlimited fines and imprisonment.
3. Statutory Nuisance
As defined under Part III of the Environmental Protection Act 1990 this nuisance type covers
more specific areas of nuisance. For example; vermin, dust, smells, rubbish, animals and noise.
Abatement notices can be issued by LA as detailed in Part III (EPA 1990), if the LA fails to act
abatements can be issued by individuals through a magistrates’ court.
4. Other Categories of Nuisance
Nuisance in its broadest sense also encompasses many other obligations not to interfere with
others’ use of land. Some are statutory, others common law, some arise contractually, from the
restrictive covenants registered against land or in leases or restrictions in planning permissions.
The University has a responsibility not to commit nuisance offences. The University must respect our
neighbour’s right to enjoy their land and follow best environmental management practice at all times to
achieve this.
Key legislation:
Environment Act 1995
Environmental Protection Act 1990
Noise and Statutory Nuisance Act 1993
Anti-social Behaviour Act 2003
Environmental Protection Act 1990
Clean Neighbourhoods and Environment Act 2005
The Statutory Nuisances (Artificial Lighting) (Designation of Relevant Sports) (England) Order 2006
The Statutory Nuisance (Appeals) (Amendment) (England) Regulations 2006
The Statutory Nuisance (Appeals) Regulations 1995
The Statutory Nuisance (Appeals) (Amendment) Regulations 1990
The Statutory Nuisance (Appeals) Regulations 1990
Who does this effect at Loughborough University
Music events, sporting events, Facilities Management, Departments with noisy or polluting equipment
than may affect neighbours
Criminal Liability
Varies according to type of nuisance offence. May include unlimited fines and imprisonment for up to 5
years for most severe offences.
Regulatory Body:
General Public, Local Authorities, Environment Agency
Current Compliance Statement:
Training to relevant staff required.
Non-Conformance Reference:
Aspects & Impacts Register: Reference Numbers 19
Date added to the register: 01.03.10 Date amended: 01.08.11
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