InTouch

Issue April 2006

NQA

New Regulations for Licensing Water Abstraction and Impounding

New legislation: open

The Water Resources (Abstraction and Impounding) Regulations (SI 2006 No.641) were laid before Parliament on 10th March and entered into force on 1st April. These Regulations contain provisions relating to the licensing of abstraction and impounding of water in England and Wales in the light of amendments made by the Water Act 2003 to the Water Resources Act 1991 ("the Act"). Part 2 relates to procedural requirements, including time limits in relation to the making of licence applications and in relation to appeals from decisions on licence applications for the abstraction or impounding of water. All applications for an abstraction licence or an impounding licence, other than those seeking to vary such a licence so as to reduce the quantity of water authorised to be abstracted, must be made to the Environment Agency.

Special provisions apply where the application relates to abstraction or impounding in a National Park or the Broads (regulation 9). Part 3 of, and Schedule 2 to, these Regulations make modifications to the Act as it applies to abstraction or impounding by the Environment Agency, while Part 4 relates to the content of enforcement notices in relation to a breach of a restriction on the abstraction or impounding of water and works notices in relation to the protection of the environment.

The full text of the Regulations is available from the OPSI website at: http://www.opsi.gov.uk/si/si2006/20060641.htm (Source: www.opsi.gov.uk, accessed 03/04/06)


Amendment to Greenhouse Gas Emissions Trading Regulations

New legislation: open

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2006 (SI 2006 No. 737) were laid before Parliament on 16th March and enter into force on 6th April. These Regulations amend the Greenhouse Gas Emissions Trading Scheme Regulations 2005 ("the 2005 Regulations") in order to further implement the EC Emissions Trading Directive (Directive 96/61/EC). Amongst other things, these Regulations: Provide a mechanism for installations which began operating before 2004 but which have not received an allocation of allowances, to apply for an allocation. The key provision is regulation 22A, which is inserted by regulation 13 of these Regulations. Add to the types of charges which may be included in a charging scheme made by the Secretary of State relating to offshore installations (regulation 19(1) of the 2005 Regulations).

Provide a power for the regulator to delay the allocation of allowances each year to an operator who has been allocated allowances from either the new entrant reserve or the late installation reserve, where certain conditions in the approved national allocation plan are fulfilled. Make a number of new provisions relating to the surrender and revocation of greenhouse gas emissions permits and payment of subsistence fees; and Permit the use of information held or collected for the purposes of these Regulations to be used for the purpose of preparing and publishing energy and emissions statistics.

The full text of the Regulations is available from the OPSI website at: http://www.opsi.gov.uk/si/si2006/20060737.htm (Source: www.opsi.gov.uk, accessed 03/04/06)


Consultation on the EU Emissions Trading Scheme Phase II

New legislation: open

This consultation (issued 28 March 2006) seeks views on the UK Draft National Allocation Plan for Phase II of the EU Emissions Trading Scheme (2008-2012). Comments are sought on all issues contained within the document but Defra has posed a number of questions on which views are particularly sought. These questions are highlighted throughout the document and focus on: Determination of the total quantity of allowances Determination of the total quantity of allowances at activity level Determination of the total quantity of allowances at installation level New entrants and closures

This consultation will close at 17:00 on 23 May 2006. Source: www.defra.gov.uk (accessed 03/04/06)


Request for Data from Installations included in Phase II of EU ETS

New legislation: open

The Environment Agency issued a request for data on 6 March 2006 to all installations that will be included in Phase 2 of the EU Emissions Trading Scheme. This request does not apply to most installations that were registered for Phase 1. Operators who must send in the data requested include those: who have not previously submitted historic emissions data (for example - expansion activities) whose Phase I baseline data contained errors who had benchmarks applied in the Phase 1 National Allocation Plan who wish to apply for Allocation Methodology Rules. For more information on who should send in data see the Environment Agency's website at: http://www.environment-agency.gov.uk/emissionstrading?lang=_e Installations that are already registered should have submitted a verified report of the Annual Reportable Emissions made during 2005 to the Environment Agency by 31st March 2006. By 30th April 2006, registered installations must surrender allowances equal to the Annual Reportable Emissions specified in their verified report. Failure to surrender sufficient allowances by 30th April will lead to civil penalties equivalent to - per tonne of carbon emitted, in addition to the outstanding requirement to surrender allowances.

To surrender allowances, an installation must have a valid Registry Account that can be accessed by its nominated Authorised Representatives.

Further guidance is available from the Environment Agency website here. Source: http://www.environment-agency.gov.uk/ (accessed 03/04/06)


New pollution fees and charges for Local Authority-regulated sites

New legislation: open

On 30th March, Defra announced increases to the fees local authorities charge for regulating air pollution and other emissions from industrial processes. For 2006-7, all local authority air pollution fees for industrial processes will rise by 2.5% over current levels. A 2.8% increase for the year will apply to the Environment Agency water charges for A(2) processes (e.g. galvanisers and ferrous foundries). The Environment Agency will publish its full list of revised fees shortly. On top of the inflationary rise Defra is also changing the way in which the fees and charges are addressed by using a more risk-based approach akin to that currently used to calculate fees for A(1) installations regulated by the Environment Agency.

Further information on the increases and details of the other minor amendments to the charging schemes can be found at www.defra.gov.uk/environment/airquality/lapc/charges/default.htm Source: http://www.defra.gov.uk (accessed 03/04/06)


New Controls on Agricultural Waste

New legislation: open

Regulations made on 31st March apply waste management controls to agricultural waste for the first time in England and Wales. The Waste Management (England and Wales) Regulations 2006 (known as the Agricultural Waste Regulations) will come into force on 15 May 2006 and will apply the same controls on agricultural waste that have applied to all other sectors of industry for many years. About 400,000 tonnes of agricultural waste is produced each year. It includes old pesticide containers, silage wraps, tyres, batteries and oil. Manure and slurry are not a waste when used as a fertiliser. Farmers will have 5 basic options for dealing with their waste, which can be used on their own or in combination: Store their waste on-farm for up to 12 months.

Take their waste for recycling or disposal off-farm at a licensed site. Get an authorised waste contractor to take their waste away. Register license exemptions with the Environment Agency to recycle or dispose of their waste on-farm. Farmers can register at any stage during the first 12 months of the Regulations. License exemptions are free for agricultural waste. Apply to the Environment Agency for a waste management license or a landfill permit to recycle or dispose of their waste on-farm. For most farmers obtaining a landfill permit for their farm dump will not be a viable option because of the engineering requirements and costs involved. There are transitional arrangements for most other on-farm recycling and disposal activities.

The full text of the Regulations is available from the Office of Public Sector Information website: http://www.opsi.gov.uk/si/si2006/uksi_20060937_en.pdf Source: http://www.defra.gov.uk (accessed 03/04/06)


Amendment to Climate Change Levy Regulations

New legislation: open

The Climate Change Levy (General) (Amendment) Regulations 2006 (Statutory Instrument 2006 No. 954) were laid before the House of Commons on 29th March and entered into force on 1st April. The Regulations make consequential amendments to the rules about how exemptions from climate change levy are claimed and made available following the abolition after 31st March 2006 of the half-rate for supplies of electricity, gas and solid fuels to horticultural producers.

Source: www.opsi.gov.uk (accessed 03/04/06)


Royal Assent for Natural Environment and Rural Communities Act

New legislation: open

The Natural Environment and Rural Communities Act, which creates two new organisations charged with conserving and enhancing England's valuable natural environment and giving a stronger voice to rural communities, received Royal assent on 30th March. The Act enables the creation of Natural England?, bringing together the strengths of English Nature, parts of the Countryside Agency, and most of the Rural Development Service to conserve and enhance our landscapes and biodiversity, and to help people enjoy them. It also establishes the Commission for Rural Communities, which will act as a rural adviser, advocate and watchdog, charged with ensuring Government policies regarding rural disadvantage are taking effect. Natural England and the Commission for Rural Communities will be formally established on 1 October 2006.

English Nature and the Countryside Agency will be wound up on the same date. Source: www.defra.gov.uk (accessed 03/04/06)


New Powers for Litter Clean-Up

New legislation: open

New measures under the Clean Neighbourhoods and Environment Act come into force on April 6, and will see local authorities better-equipped to combat litter in terms of both prevention and penalties. As well as the power to increase fines from £50 to £80, local authorities can also: require occupiers to clear their land of litter; stop people handing out flyers and leaflets in designated areas; and fine shops selling take-away food if they refuse to clear up litter outside their premises The Clean Neighbourhoods and Environment Act received Royal Assent in April 2005. Further information is available on the Defra website at: www.defra.gov.uk/environment/localenv/legislation/cnea/index.htm

The text of the Act is available at: www.opsi.gov.uk/acts/acts2005/20050016.htm Source: www.defra.gov.uk (accessed 03/04/06)


HSC Consults on proposals for amended biocidal products regulations

New legislation: open

The Health and Safety Commission (HSC) has published a consultative document seeking comments on proposals for the Biocidal Products (Amendment) Regulations 2006. Biocidal products are used in a variety of industries to control unwanted organisms, such as animals, insects, bacteria, viruses and fungi. They are intended to kill or otherwise exert a controlling effect by chemical or biological means. The proposed regulations will amend the Biocidal Products Regulations 2001 (BPR). These put into place procedures to allow applications to be made for use of an active substance in a biocidal product and for the authorisation for marketing and use of such biocidal products. Further details of the changes can be found in the Consultation Document and the draft regulations at www.hse.gov.uk/consult/live.htm.

The consultation period will last for 12 weeks and closes on 9th June 2006. Source: www.hse.gov.uk (accessed 03/04/06)


Guidance for Catering and Hospitality Industry on Preventing back pain

New legislation: open

Back pain and manual handling injuries are among the most common occupational ill health problems in the UK. In catering and hospitality industry kitchens there are many tasks that without proper controls can cause back pain or upper limb injuries. In 2004/2005 an estimated 2 million people suffered occupational ill health with back pain and upper limb disorders accounting for around three quarters of this figure. The new guidance is aimed at raising awareness amongst employers and offers practical information on good manual handling techniques and lifting aids that will be useful to any section of the hospitality industry. It also offers specific information for kitchen staff on significant risk areas such as pot washing, dishwashing, preparing food, storage and cleaning. Source: www.hse.gov.uk (accessed 03/04/06) Do your staff need training on Manual Handling techniques?

JPD offers a wide range of training services to suit your needs, visit our website for more details http://www.jpd.co.uk/courses/healthsafety.htm or call one of our friendly training advisors on 01565 724200


ISO 22000 - New Food Safety Management System

New legislation: open

ISO 22000, published in September 2005 seeks to provide a standard for food safety management systems and complements the application of quality management systems (i.e. ISO 9001:2000) in the food supply chain. Whilst BRC remains the dominant standard within the UK, ISO 22000 could be its successor and will almost certainly be recognised by many countries. ISO 22000 is strongly HACCP based and includes many of the quality management requirements of ISO 9001:2000. So who is involved? There is considerable international interest in this standard. The working group that is developing ISO 22000 has representatives from 14 countries representing all continents. The working group also has representatives from organisations such as the Codex Alimentarius, the Global Food Safety Initiative (GFSI) and the European Confederation of the Food and Drink Industry (CIAA). If the chain stakeholders such as supermarkets, accept ISO 22000 as a basis for the implementation of management system requirements and need only a limited number of additional requirements, the large overlap between standards and certification assessments will disappear - and this will surely be of benefit to the food industry. JPD will be offering courses on ISO 22000, details coming soon.

For further information on our HACCP and Food Hygiene courses visit http://www.jpd.co.uk/courses/haccp.htm or call one of our friendly training advisors on 0870 438 2573


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