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In "Degrees of Risk: Regulation in the 21st Century," Chris Howes, Head of Modern Regulation, explores the complexities of reinventing environmental protection systems. The challenge lies in moving beyond prescriptive statutes and convoluted regulations to achieve outcome-focused governance. Drawing on the UK Government's Better Regulation Taskforce principles—transparency, accountability, consistency, proportionate action, and targeted outcomes—Howes discusses innovative strategies like Operator Pollution Risk Appraisal (OPRA) and compliance assessment plans to enhance regulatory effectiveness and promote better performance in environmental compliance.
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Degrees of Risk -Regulation in the 21st Century Chris Howes - Head of Modern Regulation
The challenge? • “how do you re-invent an environmental protection system that is driven by a series of prescriptive statutes, harnessed by confusing and overlapping regulations and managed by a system that looks at process instead of results?” • Stephen Tromans, Barrister, UK
5 Principles of Better RegulationUK Government Better Regulation Taskforce • Transparent • Accountable • Consistent • Proportionate • Targeted (outcome focussed) • Our 6th principle!: Practicable
Definitions • OPRA - Operator Pollution Risk Appraisal • CAPS - compliance assessment plans • CCS - Compliance Classification Scheme
Operator & Pollution Risk Appraisal • Complexity of site • type & number of activities, scale, multi-media etc • Location • human receptors, habitats, water courses etc • Emissions • index used for air,land, water - annual load limits • Operator Performance • Management systems and compliance history
Using OPRA outputs • Basis of charges for permits • Internal benchmarking by companies • Public benchmarking - including financial • Inspection frequencies & duration • Targeting • Incentives for better performance
Degrees of Risk -Regulation in the 21st Century Chris Howes - Head of Modern Regulation