InTouch

Issue June 2006

NQA

New Contaminated Land Regulations

New legislation: open

Two statutory instruments have been issued relating to the identification and remediation of contaminated land. They were both laid before Parliament 23rd May 2006 and enter into force on 4th August 2006. The Contaminated Land (England) Regulations 2006 (SI 2006 No. 1380) consolidate the provisions of the Contaminated Land (England) Regulations 2000 (S.I. 2000/227) and the Contaminated Land (England) (Amendment) Regulations 2001 (SI 2001/663) with amendments. These Regulations, which apply to England only, also set out provisions relating to the identification and remediation of contaminated land under Part 2A of the Environmental Protection Act 1990 ("the 1990 Act").

The Regulations make provision for an additional description of contaminated land that is required to be designated as a special site (see regulation 2): that is, land which is contaminated land as a result of radioactive substances in, on or under that land. This is subject to separate new legislation, the Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006 (SI 2006 No. 1379)

 The Regulations also remove provisions relating to appeals against remediation notices to a magistrates' court, as a result of amendments to section 78L of the 1990 Act made by section 104 of the Clean Neighbourhoods and Environment Act 2005.

 The Regulations are available from: http://www.opsi.gov.uk/si/si2006/20061380.htm and http://www.opsi.gov.uk/si/si2006/20061379.htm. Source: www.opsi.gov.uk (accessed 05/06/06)


Consultation on proposed amendments to the PPC regulations

New legislation: open

Defra has issued a consultation (19 May 2006) regarding the following proposed amendments to the Pollution Prevention and Control Regulations 2000: - Implementation of Petrol Vapour Recovery Stage II? Controls (known as PVR II?); - Amendment which will increase the penalties for offences committed under the PPC Regulations in line with those in Section 105 of the Clean Neighbourhoods and Environment Act (the CNEA?); - To provide that where a coin-operated dry cleaning machine is to cease operation in October 2007 because it is not possible to comply with the Solvent Emissions Directive (the SED?) no application for a PPC permit is required in the interim; - Minor technical amendment to regulations concerning burning of landfill gas containing halogens. Responses to this consultation paper should be sent to Defra by 14 July 2006.

Further details on the consultation can be obtained from: www.defra.gov.uk/corporate/consult/current.htm.

Source: www.defra.gov.uk (accessed 05/06/06)


Environment Agency Consultations on IPPC Guidance for Agriculture

New legislation: open

The Environment Agency has issued two consultations relating to guidance concerning intensive farming installations that need to apply for a permit to operate under Integrated Pollution Prevention and Control (IPPC) The first relates to the requirement for applicants to submit a site report? as part of a Permit application. This site report guidance and template is produced as a single document and its purpose is to assist the Intensive Farming sector in the production of an Application Site Report (ASR). It explains how it relates to pig and poultry farms and what information is needed to describe the condition of the land as part of the permit application.

The document is a consultation draft and the Agency is seeking comments on the content and usefulness of the guidance and template. The second consultation relates to guidance on the assessment of environmental impacts from pig and poultry farms that require a permit to operate under the Pollution Prevention and Control (England and Wales) Regulations 2000. This guidance includes many of the principles applied to all sectors regulated under IPPC referred to in Horizontal Guidance note H1: Environmental Assessment and Appraisal of BAT. It describes a step-by-step approach to how to conduct an assessment of environmental impacts and includes a template for completing such an assessment. Responses relating to the Site Report Guidance are due by 18 August 2006.

Further information is available from the Agency website at: http://www.environment-agency.gov.uk/yourenv/consultations/1392430/?version=1&lang=_e

Responses relating to the environmental assessment guidance are due by 25 August 2006. Further information is available from the Agency website at: http://www.environment-agency.gov.uk/yourenv/consultations/1393122/?version=1&lang=_e Source: www.environment-agency.gov.uk (accessed 05/06/06)


Consultation on the Conservation (Natural Habitats) Regulations

New legislation: open

On 8th May, the Department of Environment Food and Rural Affairs (Defra) issued a consultation seeking views on the draft Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations 2006, in particular changes made to the regulations since the last public consultation in 2003. On 6th August 2003 Defra carried out a consultation on a number of proposed amendments to the Habitats Regulations for England. The amendments were principally to address a number of gaps and inconsistencies in the transposition of the Habitats Directive and to provide greater legal certainty in a number of areas.

A similar consultation was carried out for Wales. Following the consultation in 2003 the transposition of the Habitats Directive in the United Kingdom was subject to two European Court of Justice judgments. The amendments now subject to consultation include: (a) amendments to take into account changes required to meet these court judgments; (b) amendments taking into account the responses to the previous consultations in England and Wales; and (c) other amendments considered desirable to ensure the regulations meet the requirements of the Directive. The deadline for receipt of consultee responses is 30 June 2006. Electronic copies of the consultation document can be obtained from: www.defra.gov.uk/corporate/consult/current.htm.

Source: http://www.defra.gov.uk/ (accessed 05/06/06)


New guidance on working with dangerous pathogens

New legislation: open

The Advisory Committee on Dangerous Pathogens (ACDP) today published new health and safety guidance on how to control the risks posed from infections at work. Biological agents: The principles, design and operation of containment level 4 facilities is aimed at those responsible for working with the highest hazard pathogens. It is based on the principles contained in the Control of Substances Hazardous to Health Regulations (COSHH) 2002. These regulations place a duty on employers to identify the hazards in the workplace, assess the risk posed and put control measures in place to control these risks. The guidance, which has been developed in partnership with experts from ACDP, the biotechnology industry, HSE and other Government Departments, is intended for all laboratories in which high hazard human pathogens may be handled; prevention of exposure and potential infection from these highly pathogenic organisms is important for both workers health and safety and public health.

Biological agents: The principles, design and operation of containment level 4 facilities is aimed at those responsible for working with the highest hazard pathogens and completes a suit of laboratory guidance, complementing the previous publication covering laboratory containment levels 2 & 3. The guidance is available from the HSE website at www.hse.gov.uk/pubns/web09.pdf.

Source: www.hse.gov.uk (accessed 05/06/06)


Are you up to date with current legislation?

New legislation: open

Health & Safety and Environmental legislation is constantly changing which means it is essential that your business keeps up to date. However finding all the relevant information from the various sources takes precious time and energy - so why not let JPD do it for you. Our monthly In Touch bulletin takes away the strain, by providing you with all the latest changes you can relax and trust In Touch to keep you informed.

For a free and convenient way to keep up to date sign up for our In Touch bulletin - just send your contact details to intouch@jpd.co.uk


BS 7799-2:2002

New legislation: open

In October 2005, BS 7799-2:2002 (information security management systems - specification with guidance for use) was revised and issued as ISO 27001. The new requirements document is very similar to the old and NQA would anticipate that none of their existing clients would have difficulty in complying with the new standard. UKAS has defined a transition period which will end in July 2007, with all new assessment activities being against the new standard from July 2006. (Taken from NQA Reporter, Spring 2006)

JPD offer training on BS 7799 / ISO 27001 - for further information contact our training advisors on 0870 438 2573.


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