Plastic ‘Highways’ to the Sea: The Problem of Litter in English Inland Waterways

There is a conspicuous lacuna in the Environmental Protection Act (EPA) 1990 because it imposes no legal duty on statutory bodies to clear litter from aquatic environments (rivers, canals and lakes) in England and Wales. This paper identifies a significant gap in the law on aquatic environmental pro...

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Main Author: Samantha Davey
Format: Article
Language:English
Published: MDPI AG 2021-12-01
Series:Social Sciences
Subjects:
Online Access:https://www.mdpi.com/2076-0760/10/12/473
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author Samantha Davey
author_facet Samantha Davey
author_sort Samantha Davey
collection DOAJ
description There is a conspicuous lacuna in the Environmental Protection Act (EPA) 1990 because it imposes no legal duty on statutory bodies to clear litter from aquatic environments (rivers, canals and lakes) in England and Wales. This paper identifies a significant gap in the law on aquatic environmental protection by undertaking doctrinal research, including contextual analysis of references to rivers in ‘soft’ law (e.g., policy documents such as the Conservative Government’s Litter Strategy) and ‘hard law’ (e.g., legislation including the EPA 1990); an examination of the problems with existing legal frameworks in this sphere and an exploration of legislative and practical measures which could protect our rivers and other inland waterways from litter. A legislative amendment to the EPA is proposed with discussion of whether imposing a duty on an existing body or a new, specialised body to clear litter from rivers will ameliorate these problems. The intention behind this paper is to initiate an informed debate on how to protect aquatic environments from the harmful effects of litter.
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spelling doaj.art-6b5e6d3ac9ad458788bb6e236ad97e152023-11-23T10:34:12ZengMDPI AGSocial Sciences2076-07602021-12-01101247310.3390/socsci10120473Plastic ‘Highways’ to the Sea: The Problem of Litter in English Inland WaterwaysSamantha Davey0School of Law, University of Essex, Colchester CO4 3SQ, UKThere is a conspicuous lacuna in the Environmental Protection Act (EPA) 1990 because it imposes no legal duty on statutory bodies to clear litter from aquatic environments (rivers, canals and lakes) in England and Wales. This paper identifies a significant gap in the law on aquatic environmental protection by undertaking doctrinal research, including contextual analysis of references to rivers in ‘soft’ law (e.g., policy documents such as the Conservative Government’s Litter Strategy) and ‘hard law’ (e.g., legislation including the EPA 1990); an examination of the problems with existing legal frameworks in this sphere and an exploration of legislative and practical measures which could protect our rivers and other inland waterways from litter. A legislative amendment to the EPA is proposed with discussion of whether imposing a duty on an existing body or a new, specialised body to clear litter from rivers will ameliorate these problems. The intention behind this paper is to initiate an informed debate on how to protect aquatic environments from the harmful effects of litter.https://www.mdpi.com/2076-0760/10/12/473aquatic littermarine litternational litter strategyriversriparian ownersenvironment
spellingShingle Samantha Davey
Plastic ‘Highways’ to the Sea: The Problem of Litter in English Inland Waterways
Social Sciences
aquatic litter
marine litter
national litter strategy
rivers
riparian owners
environment
title Plastic ‘Highways’ to the Sea: The Problem of Litter in English Inland Waterways
title_full Plastic ‘Highways’ to the Sea: The Problem of Litter in English Inland Waterways
title_fullStr Plastic ‘Highways’ to the Sea: The Problem of Litter in English Inland Waterways
title_full_unstemmed Plastic ‘Highways’ to the Sea: The Problem of Litter in English Inland Waterways
title_short Plastic ‘Highways’ to the Sea: The Problem of Litter in English Inland Waterways
title_sort plastic highways to the sea the problem of litter in english inland waterways
topic aquatic litter
marine litter
national litter strategy
rivers
riparian owners
environment
url https://www.mdpi.com/2076-0760/10/12/473
work_keys_str_mv AT samanthadavey plastichighwaystotheseatheproblemoflitterinenglishinlandwaterways