Soil Directive Could Spell Yet More Trouble for Minerals Operators
The Quarry Products Association, the principal Trade Association
for the industry, has this week warned operators that they could
face yet more unnecessary legislative hurdles if new EU Legislation
on soil protection is left unchecked.
Defra is currently consulting on the EU Draft Soil Framework Directive
in which quarries are classed as "potentially soil polluting
activities", although with no apparent risk basis for the
position. The QPA believes that the existing planning, landfill
and groundwater regimes provide suitable means for addressing
industry operations' potential impacts on soil and that the Directive
would lead to the increasingly familiar burden of double regulation.
If passed in its current form, the new Directive would create
onerous requirements for every extraction site past, present and
future. Immediately, it would create a need for "competent
authorities", perhaps the EA or local authorities, to measure
concentration levels of dangerous substances at all quarry sites.
Not only would this need to be paid for, and possibly by the tax
payer, but the likelihood of ever finding any significant threat
from dangerous substances at quarry sites is extremely remote.
Defra estimates that tests could amount to £20,000 for a
2ha site, but with quarries extending to 20ha in size, the bill
could be huge for what would most likely be a waste of time.
Another new requirement for "soil status reports" to
be prepared when "potentially soil polluting activities have
taken place" would mean more hurdles for quarry operators.
It would subject restored quarry land to another raft of unnecessary
testing to form the basis for the reports. Once again the industry
would be facing another unjust bill.
The QPA's position is largely shared by Defra which has, through
its Initial Regulatory Impact Assessment*, outlined the department's
"strong concerns about the provisions on soil contamination
which are prescriptive…and have serious cost consequences".
QPA's Director General Simon van der Byl said: "it's the
familiar story from Europe: the threat of double regulation when
the existing regime is already doing the job. We're pleased to
see that Defra is onside with the industry view of the Draft Soil
Framework Directive and hope that this further unnecessary burden
for the industry is avoided. Considering there is a threat of
greater bills for the taxpayer if the Directive is passed, it
is surely in everyone's interest that we head this off."
Read Defra's Initial Regulatory Impact Assessment online here.
ENDS
QPA Contact: Tim
Parry - 020 7963 8000.
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