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FLOOD DEFENCE
LAW William Howarth, BA, LLM
The combination
of unprecedented rainfall and environmental fears about long-term climatic
change have placed the legal provisions and administrative responsibilities
concerning floods and land drainage under new scrutiny. This major new book
sets out to examine and explain the legal aspects of flooding and land drainage
for all those who are involved with the subject: policymakers in central and
local government; legal practitioners, working with environmental and
water-related agencies and organisations, or in private practice; engineers and
environmental professionals, engaged to plan, undertake or evaluate flood
defence projects; and individuals who are the unfortunate recipients of
floodwater.
Each kind of
reader will have his or her own particular interests and concerns, and the work
is sufficiently comprehensive and accessible to address these.
In this work,
'flood defence' is broadly interpreted to encompass the drainage of land, the
defence of watercourses and the sea from flooding, the provision of flood
warning systems and coast protection activities undertaken to prevent loss of
coastal land.
The most
surprising feature of flood defence law is the general reluctance of the law to
impose criminal culpability or civil liability in relation to flooding damage.
There is no criminal offence of causing flooding and the possibilities for
enforcement of private duties to prevent flooding are quite limited. Public
This book looks
at the balance which is drawn between those circumstances where flooding is
properly recognised to be attributable to some kind of human failing, for which
liability of some kind may be found, and those situations where flooding is
recognised to occur without human fault, most frequently as a result of nature.
Paperback (234 x
156 mm) 608 pages
Full Price
£45.00, post free in the UK
Contents
Preface
Table of Statutes
Table of
Statutory Instruments
Table of
European Community Secondary
Legislation
Table of Cases
Chapter 1: Introduction and Background
Chapter 2: Private Rights and Duties
Chapter 3: Institutional Responsibilities
Chapter 4: Operational and Regulatory Powers
Chapter 5: Coast Protection
Chapter 6: Funding
Chapter 7: Sewerage and Water Supply
Chapter 8: Public Health, Highways and Reservoirs
Chapter 9: Planning
Chapter 10: Environmental and Ecological Impacts
Chapter 11: Information, Warnings and Insurance
Chapter 12: Sustainability
Bibliography
The author
William Howarth
is Professor of Environmental Law at the University of Kent at Canterbury and
the author of several books, including Wisdom's Law of Watercourses and, with
Donald McGillivray, Water Pollution and Water Quality Law, both published by
Shaw & Sons. He has also written reports and numerous articles in academic
journals on diverse aspects of water and environmental law.
He is the
General Editor of the Journal Water
Law and has acted as an advisor on water and fisheries legislation to
governments and regulatory bodies at national and international levels.
The Law of Allotments
5th Edition
Paul Clayden, M.A., Solicitor
As
with previous editions, the purpose of this useful book is to state in a
practical, concise but comprehensive form the law of allotments for the benefit
of local authorities and their officers, and for the secretaries and advisers
of local allotments societies and associations.
The law rests
for its basis on contract - no-one can be compelled to take an allotments
tenancy. Within that law of contract, allotments law is a specialised branch of
the law of landlord and tenant, and a branch which is the product of statute.
The book has now
been brought fully up to date with references to the latest cases and recent
policy developments.
The Author
Local government
expert Paul Clayden has many years' experience of local council matters, has
written widely on related legal topics and now runs an advisory service for
local councils. He is also the author of The Councillor and The Local Council
Clerk's Guide.
Paperback 104
pages June 2002 FULL PRICE £18.95, post free in the UK
PREFACE TO THE
FIFTH EDITION
As with previous
editions. the purpose of this little book is to endeavour to state in a concise
but reasonably comprehensive form the law of allotments for the benefit of
local authorities. particularly parishes and communities and their officers,
and also for the secretaries and advisers of local allotments societies and
associations. The law rests for its basis on contract: no one can be compelled
to take an allotments tenancy. Within
that law of contract. allotments law is a specialised branch which is the
product of statute.
The
relevant statutes are many and of considerable age. The recommendation of the
Thorpe Committee (see the Glossary and Abbreviations on p.xxiv) in 1969 that
"all existing allotments legislation should be repealed and replaced by a
single Act" has not been implemented.
The most recent enquiry into allotments - by the House of Commons
Environment. Transport and Regional Affairs Select Committee in 1997/98 (see
Glossary and Abbreviations on p.xxiv) -
also concluded that all existing allotments legislation should be consolidated
into a single Act. The Committee's view was endorsed by the then Department of
the Environment. Transport and the Regions (now the Department for Transport,
Local Government and the Regions) in its report dated 13 November 1998 as
folio" s: "For the long term protection of, allotments. We believe that allotments legislation must
be overhauled. We conclude that the Government should issue a Green Paper as
soon as is practicable and commission a research study to consult with the
various interested parties and develop a consolidating piece of legislation
which simplifies updates and enhances existing allotments legislation. The Government
should aim to introduce the resulting Bill within the lifetime of this
Parliament." (Paragraph 29)
The Government
of Wales Act 1998 established the National Assembly for Wales to which most of
the functions of the Secretary of State for Wales were transferred by the
National Assembly for Wales (Transfer of Functions) Order 1999 (Sl 1999/672).
The Order transferred the powers of the Secretary of State in relation to
allotments with effect from 1 July 1999.
Paul Clayden
Henley-on-Thames
The law and its
enforcement 3rd Edition
Christopher N Penn
November 2002 Full Price £39.95
This book, now in its third edition, has been in continuous demand for
over twenty years. It is generally accepted as the foremost publication on the
law and practice of noise control. It has become essential reading for those
professionals and practitioners whose work involves considering the legal and
practical implications of controlling the increasing impact of noise on the
environment and human health.
The problems of poor sound insulation in dwellings, rapidly increasing
road and air traffic, high levels of domestic noise complaints, the increasing
influence of the European Community, constantly changing legislation and the
developing legal decisions under the Human Rights Act 1998 make this updated
and expanded version of Chris Penn's book even more essential reading.
The book is recommended reading on a variety of acoustic an legislative
training courses and has been expanded to include reference to the more recent
relevant court cases, consultation documents and guidance issued by the
Government, and has an entirely new chapter on Integrated Pollution Prevention
and Control (I.P.P.C.). Case law has been updated, and the relevant practical
implications of new legislation such as the Human Rights Act 1998 and the
Regulation of Investigatory Powers Act 2000 have been included in the familiar orange
cover of this new edition. „
The book features several informative illustrations and contains
detailed Tables of Contents, Statutes and Cases, a thorough Bibliography and a
full Index. It should also be noted that the book covers Scotland as well as England
and Wales.
1. Noise Control
2 Noise Nuisance
3. Noise in Public Places
4. Noise Abatement Zones
5. Construction Site Noise
6. Road Traffic Noise
7. Integrated Pollution
Prevention and Control (I.P.P.C.)
8. Aircraft Noise
9. Planning and Development
10. Occupational Noise
Exposure
Bibliography
Appendix: forms and records relating to noise
control
Index
About the Author
Christopher N.
Penn
Chris Penn spent 35 years in Local Government as an Environmental
Health Officer, including 20 years in Senior Management posts. He has written
many articles on environmental pollution/health and safety issues. For three
years he was the Local Government correspondent to a leading health and safety
publication.
Davies' Law of Burial Cremation and Exhumation
Edition: 7th
Author: David Smale
ISBN: 0 7219 0065 8, paperback
Publishers Shaw & Sons Ltd
Price: £39.95
Publication Date: December 2002
This standard textbook on the subject has been fully revised to take
account of the many changes in law and practice that have occurred since the
last edition. Of particular note are the regulations that relate to the
cremation of body parts, the consequences of the Dr Shipman case and various
matters associated with coroners and death certification generally. Many other
topical issues are addressed, such as the disposal of foetal remains and the
Office of Fair Trading Report Funerals.
Statutory changes since 1997 such as the Deregulation (Still-Birth and
Death Registration) Order 1996, Data Protection Act 1998, Access to Justice Act
1999 and the Cremation (Amendment) Regulations 2000 are featured.
Updated information regarding procedures for burial at sea and the
removal of bodies into and out of England and Wales is also included.
Part 1 deals with funeral arrangements including general requirements
after death, registration of deaths and stillbirths, the disposal of bodies
and the responsibility for funeral arrangements and expenses. Part 2 deals with
burials, in churchyards and cemeteries, and the procedure and registration of a
burial. Parts 3 and 4 cover cremation and exhumation fully. This new edition
also features a brand new index.
This title remains invaluable to those connected with the disposal of
the dead.
CONTENTS
PART I - Funeral Arrangements
General Requirements after a Death
Registration of Deaths and Still-Births
Disposal of Bodies of Deceased Persons
Responsibility for Funeral Arrangements and Expenses
PART II - Burials
Burials in Churchyards
Burials in Cemeteries
Burial Procedure and the Registration of Burials
Gifts for the Maintenance of Monuments, Memorials, Graves or Tombstones
PART III - Cremation
The Provision, Management and Development of Crematoria
Cremation Procedure
PART IV - Exhumation and Disused Burial Grounds
Exhumation Powers, Procedure and Offences
Utilisation and Development of Disused Burial Grounds and
Closed Churchyards
Appendices
Index
The Author David Smale is a past President of the Institute of Burial
and Cremation Administration and former Superintendent and Registrar of
Cemeteries, Crematorium and Mortuary Services in Brighton. He has also
previously edited RESURGAM, the quarterly journal of the Federation of British
Cremation Authorities.
Previous Reviews have said:
THE CLERK "A must for those involved with a cemetery or
crematorium."
"A truly comprehensive volume. a significant achievement.”
Institute of Burial and Cremation Administration Journal
A
Companion Guide to Mentally Disordered Offenders
One of the Series
of Companion Guides
Edition: 2nd 2003 New Edition
Author: Nigel Stone
ISBN: 07219 1621 X
Publishers Shaw & Sons Limited
Published Price: £16.50
Publication Date: 2003
The first edition of this book was welcomed by probation and mental
health personnel as an accessible guide to this complex area of law, covering
the spectrum of special provision from the mentally disordered suspect at the
police station through to the conditional discharge from hospital of restricted
patients, including diversion from the criminal justice system, insanity and
allied defences, community orders combining treatment and supervision, mentally
disordered prisoners, guardianship orders, etc.
Now completely revised and updated, the text considers the proposed new
Mental Health Act and the introduction of measures permitting the indefinite
detention of persons with personality disorders considered to pose unacceptable
risks to public safety. The book includes illustrative case examples of patient
offenders at point of sentence and their subsequent management from a legal
perspective.
The Law of Mobile Homes and Caravans
Edition: 2nd Edition
Author: Paul Clayden, M.A., Solicitor
ISBN: 0721908128, Paperback, 224
pages
Publishers Shaw and Sons
Price: £24.95 RRP UK
Publication Date: 2003
The complexity of the law as it relates to the use of caravans as
holiday and, indeed, permanent accommodation should not be underestimated. This
book clarifies the legislation for the legal specialist but will also prove
invaluable to those who deal with caravans on a practical level, such as
commercial site owners and operators and residents' associations.
All aspects of the law as it relates to caravans are covered, including
site control, powers and duties of local authorities, the rights of owners and
occupiers of residential homes, gypsy encampments, road traffic control and
taxation.
This is the second edition of a book first published in 1985. Whilst
the main statutory provisions relating directly to mobile homes and caravans
have not altered a great deal, there have been many changes in law, practice
and policy in related areas. Among the main changes which have taken place are:
the abolition of the duty on local authorities to provide sites for travellers;
new laws relating to the removal of unauthorised campers; and new security of
tenure provisions for residential tenants.
Contents
Introduction
A Brief History of Caravan Control Prior to 1960 The Scope of the
Current Law
Part I: Caravan Site Control Requirements and Definitions The Grant of
Planning Permission The Grant of the Site Licence
The Powers of Enforcement of Local Authorities The Duties and
Responsibilities of Local Authorities
Part II: Caravans as Homes The Scheme of Legislation Definitions
The Rights of Owners and Occupiers under the 1968 Act The Mobile Homes
Act 1983
Statutory Control over Residential Tenancies
Part III : Gypsies Gypsy Sites
Gypsies and Human Rights Law
Part IV: Miscellaneous
Council Tax and Non-Domestic Rating Road Traffic Control
Taxation
Appendices
Model Standards for Permanent Residential Mobile Home Sites
Model Standards for Holiday Caravan Sites
Written Statement Under the Mobile Homes Act 1983
Also from Paul Clayden
Paul Clayden has many years' experience of local council matters, has
written widely on related legal topics and now runs an advisory service for
local councils. He is also the author of The Parish Councillor's Guide, The
Councillor, The Local Council Clerk's Guide and The Law of Allotments, all
published by Shaws.