Environmental assessment, direct effect and old mineral workings

In a decision which reinforces the legal significance of the 1985 EU Directive on environmental assessment, the European Court of Justice has held that the assessment procedures clearly apply to former minerals permissions reactivated under later UK legislation. The Court's confirmation that the Directive may be invoked by individuals before national courts, and its consideration of what does and does not amount to a "consent" under the procedures, are likely to have ramifications well beyond the field of quarrying.

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