The Gazette 1995

MAY/JUNE

1995

GAZETTE

which they seek to achieve are not already a part of our domestic legislation. Dr. Scannell is not slow to point out that the State has been less than even handed in the manner in which it has sought to implement directives which have negative financial and other consequences for itself. In this context, she deals as best she can, with Ireland's approach to environmental management and the remedies available for environmental protection. She draws attention to earlier mistakes, many of which have not been fully corrected. She cites instances such as the encouragement of open grates in Dublin during the oil crisis, intensification of farming and silage making without adequate pollution control, programmes for arterial drainage without a thought for wildlife and wet lands and the Money Point development carried out by the E.S.B. without any requirement for controlling polluting emissions. The remedies available for environmental protection are, to some extent, to be found in the Constitution, but to a greater extent in the Law of Torts and in Statute Law and Statutory Instruments which are comprehensively dealt with later on in the book. Dr. Scannell's work deals with environmental issues but as the title suggests, there is also a significant and scholarly review of Planning Law. The chapters on Land Use Plans and on Development Control will be familiar to many with special interest in Planning Law, but the emphasis here is on the relationship between Planning and Environmental Law and the work takes a fresh and helpful look at this relationship. A separate chapter has been devoted to "Special Controls" and this makes fascinating reading. The book is full of interesting information and it is certainly significant to realise that there are between 150,000 and

Pictured at the launch of "Environmental

and Planning Law" are from left to right: Dr.

Yvonne Scannell, Minister for the

author;

Gerard

Bohan, Arthur Cox Solicitors

and Brendan

Howlin,

Environment.

disposal and noise pollution are dealt with also. Environmental and Planning Law by Dr. Yvonne Scannell is a volume which should find it way into every Solicitor's Office. It is extremely readable and unlike some volumes in the planning field, this book is "user friendly". The headings, the index, the Case Law references and the Statute Law References are easy to follow and well set out. This text book arrives at a time when environmental issues are becoming increasingly important and relevant to the practice of Law. It is equally valuable to the sole practitioner working in a peaceful country town as it is to the library shelves of the larger city firms. It covers environmental issues which affect many diverse interests such as farmers, developers, residents associations, multi-national companies and major operations carried out by the State. Dr. Scannell's work will be of invaluable assistance to our profession.

alert if you are acting in the purchase of building land! The National Monuments Act of 1930-1934 offers considerable protection for these sites. Reference is also made to the Derelict Sites Act 1990, the Forestry Acts 1948 to 1988, the Foreshore Act of 1933 and to many other Statutory Controls which are briefly but most usefully summarised. Environmental Impact Assessment is well covered. The aim here is to prevent pollution to the source within the EU and to make the polluter pay. This form of Planning Control tries to development are considered at the earliest possible stage in the planning process. The circumstances in which Environmental Impact Assessment is required is explained in this book and the wide ranging implications of this relatively new piece of legislation may not be appreciated by all practitioners. ensure that the environmental implications of the proposed

Dr. Scannell has undertaken a comprehensive review of water

pollution and has devoted almost 86 pages of her work to this important subject. Atmospheric pollution, waste

John

Gore-Grimes

200,000 pre-1700 archaeological sites and monuments in Ireland. Be on the

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