Issue March 2008


The Deposits in the Sea (Exemptions) (Amendment) Order (Northern Ireland) 2008

New legislation: closed

The Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995 exempts specified operations from the licensing requirements of Part II of the Food and Environment Protection Act 1985. In order to comply with the Hazardous Waste Directive it is necessary to exempt hazardous waste operations covered by Article 3 of the Hazardous Waste Directive from the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995.The Statutory Order will amend the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995 by restricting the prescribed operations to ensure that they do not involve the recovery or disposal of hazardous waste as defined by Hazardous Waste Regulations (Northern Ireland) 2005.

The full text of the Amendment is available from:

Source: (accessed 31/01/08)

Shattered Lives Campaign

New legislation: closed

The HSE have launched a new campaign to highlight the risk of slips and falls in the workplace. There are over 1000 injuries per month which are caused by a slip or fall, many of which could easily have been prevented. The ‘Shattered Lives’ campaign draws particular attention to the Working at Height Regulations 2005, which states:

Every employer shall ensure that no person engages in any activity, including organisation, planning and supervision, in relation to work at height or work equipment for use in such work unless he is competent to do so or, if being trained, is being supervised by a competent person.  It is important to note that     

JPD’s working at heights training course provides an essential factor towards attaining competency. Please view the course details on our main website:

Source: working at height Regulations 2005

Source: HSE Shattered Lives Campaign

Amendments to the Producer Responsibility Obligations (Packaging Waste) Regulations

New legislation: closed

The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2008 were made on the 19th February 2008 and will come into force on 14th March 2008. These regulations amend the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 which imposed on producers the obligation to recover and recycle packaging waste, and related obligations. The 2008 Regulations increase the packaging waste recovery and recycling targets for 2008, 2009 and 2010 imposed on producers by the 2007 Regulations in order to meet the targets set out in Council Directive 94/62/EC on packaging and packaging waste (as amended by Council Regulation (EC) No 1882/2003, Council Directive 2004/12/EC and Council Directive 2005/20/EC) which the UK must have met by 31 December 2008. The prescribed recovery targets for 2008, 2009 and 2010 in Schedule 2 Paragraph 5 are each increased by 4%. The recycling targets in Paragraph 6 are also increased for Glass, Aluminium, Steel and Plastic.

The full text of the Regulations can be accessed from:  Source:  (accessed 03/03/08) Relevant Training offered by JPD: Producer Responsibility  

Construction projects to require Site Waste Management Plans

New legislation: closed

From the 6th of April 2008, all construction projects England costing over £300,000 (for new build, maintenance, alteration or installation/removal of services such as sewerage, water) will need a Site Waste Management Plan (SWMP) under The Site Waste Management Plans Regulations 2008 which were made on 8 February 2008. The purpose of a SWMP is to ensure that building materials are managed efficiently, waste is disposed of legally, and that material recycling, reuse and recovery is maximised. The Regulations are to be enforced by the Environment Agency and the local authorities. The SWMP must be updated in accordance with the Regulations, with different, more detailed, requirements for projects costing more than £500,000.Breaches of the Regulations can be punishable: (a) on summary conviction, by a fine of up to £50,000, or (b) on conviction on indictment, by a fine. However, the SWMP regulations are intended to be self regulated, with the obligation on the client to ensure that the SWMP meets its regulatory requirements.  The full text of the Regulations can be accessed from: 

Further information and guidance is available from: 

Source:  (accessed 05/03/08)  Relevant Training from JPD: Waste Management

New Regulations to Control Diffuse Pollution in Scotland

New legislation: closed

The Water Environment (Diffuse Pollution) (Scotland) Regulations 2008 come into force in Scotland on April 1st 2008 after being made on the 20th of February. These regulations make amendments to the Water Environment (Controlled Activities) (Scotland) Regulations 2005 and to the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003 (SSAFO) with the overarching aim of ensuring that water bodies are not at risk of failing Water Framework Directive  targets due to diffuse pollution from rural land use. General Binding Rules (GBRs) were introduced under the Controlled Activities Regulations to control the impact of diffuse pollution on the water environment from rural land use activities. Under the 2008 Regulations these have been added to, with new rules relating to: (a) the storage and application of fertiliser; (b) the keeping of livestock; (c) land cultivation; (d) the discharge of water run off via a surface water drainage system; (e) the construction and maintenance of certain types of road and track; (f)   the application of pesticides; and (g) the operating of sheep dipping facilities. The introduction of GBRs to control diffuse pollution will provide for land managers a simple set of rules without any form filling or the need to seek authorisation.

The SSAFO Regulations are amended to allow provision for alternative forms of disposal for certain types of slurry and silage effluent, specifically allowing ‘dirty water’ run-off from certain areas to be drained and treated through a constructed farm wetland. These constructed farm wetlands would be required to perform a treatment function to ensure that the water discharging from them into a water environment would not result in a deterioration of the status of the receiving watercourse.

The full text of the Regulations can be accessed from: Source:  (accessed 04/03/08)

New species added to Schedule 5 to the Wildlife and Countryside Act 1981

New legislation: closed

The Wildlife and Countryside Act 1981 (Variation of Schedule 5) (England) Order 2008 has added four new species to the Schedule 5 to the Wildlife and Countryside Act 1981 and has also extended the current protection afforded to the water vole. The order was made 21st February 2008 and comes into force on 6th April 2008. The Water Vole (Arvicola terrestris) will have it’s previous limited protection status upgraded to general protection, protecting it against killing, injuring or taking; possession or control; damage or destruction of its places of shelter, or disturbance while such animals are occupying places of shelter, and sale, possession or transport for the purpose of sale, and advertising the buying or selling of such animal. Spiny and short-snouted seahorses (Hippocampus guttulatus & Hippocampus hippocampus) will also be afforded general protection through the order, and the Roman Snail (Helix pomatia) and Angel Shark (Squatina squatina) will have limited protection status. 

The full text of the Order can be accessed from: 

Source: (accessed 03/03/08)

New standards for hazardous fuel storage sites

New legislation: closed

Oil and fuel depots across Britain must improve environmental and safety standards for the bulk storage of hazardous liquids, with the release of a new containment policy. The Control of Major Accident Hazards (COMAH) Containment Policy has been developed by the COMAH Competent Authority (CA), comprising HSE, the Environment Agency and SEPA, in partnership with the oil and fuel industry following a three month public consultation. The new policy was developed in response to recent major incidents, including the one at the Buncefield fuel storage depot in December 2005, and reflects the comments made by industry, the general public and other interested parties. The policy applies to sites that are subject to the Control of Major Accident Hazard (COMAH) Regulations 1999 and sets new standards for installations according to risk - taking into account the type of fuel and infrastructure on site, as well as proximity to surrounding communities and the environment. Installations where the risks to people and environment are greatest will be expected to have the highest standards. The updated COMAH policy is to apply immediately to new establishments, and to any significant changes in equipment or operation at already existing establishments. The policy covers the upgrade of existing sites based on risk, as soon as it is practicable to do so. 

Further information about the policy is available from:  and Source: and (accessed 04/03/08)  Relevant Training with JPD: COSHH Course

Consultation on draft regulations and guidance implementing the Environmental Liability Directive

New legislation: closed

On February 29th, the Department for Environment, Food and Rural Affairs (Defra) issued a consultation inviting your views and comments on the draft regulations for England and for Wales (Scotland and Northern Ireland are to consult separately) to implement Directive 2004/35 on environmental liability. The regulations impose obligations on operators of activities which cause or threaten to cause environmental damage. The regulations also define environmental damage, which generally includes only the more serious damage to certain species and habitats, water and land. It introduces two distinct types of liability: · strict liability - in respect of environmental damage, caused by a specified range of 'occupational activities', and · fault-based liability - in respect of environmental damage to protected species and natural habitats from all other occupational activities The consultation document contains a list of 32 questions regarding the draft regulations as well as background and supporting information. The consultation will close on 27 May 2008.

Further information about the consultation is available from:

Source:  (accessed 04/03/08)

Consultation on the transposition of Council Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel

New legislation: closed

Defra has issued a consultation inviting views on the proposed approach in transposing European Council Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel into UK legislation.

The Directive replaces the existing Directive 92/3 Euratom and the changes include:

  • The inclusion of shipments of spent nuclear fuel for reprocessing, ensuring consistency with the 'Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management’
  • The automatic consent procedure’ will be compulsory, meaning a Member State of destination or transit will be deemed to have consented to a shipment if it acknowledges but then fails to respond to a request for consent within the specified time limit of three months. The existing UK opt-out will no longer apply.
  • The incorporation of technical aspects of other legislation, in particular the Basic Safety Standards Directive
  • Exports of waste or spent fuel from the Community under the new regime will require the consent of the country of destination

The consultation document includes nine questions regarding the draft regulations as well as background and supporting information. The consultation will close on 19 May 2008. Further information about the consultation is available from: Source:  (accessed 04/03/08)  

Consultation on SEPA's approach to determining whether to grant authorisation for activities likely to have significant adverse impacts on the water environment

New legislation: closed

The Scottish Environment Protection Agency (SEPA) has issued a public consultation inviting views from those interested in how SEPA handles applications for authorisation of activities likely to have a significant adverse impact on the water environment. Under the Water Environment (Controlled Activities) (Scotland) Regulations 2005, anyone who wishes to carry out a controlled activity (such as abstracting water from, undertaking engineering works in or discharging pollutants into the water environment) requires an authorisation before they can do so. Many applications made to SEPA are for controlled activities that will not result in significant adverse impacts on the water environment. This consultation deals with the small proportion that would result in such adverse impacts and how SEPA handles them. It explains how SEPA takes into account the benefits expected to result from a proposed activity; and the adverse impacts of the proposal, including its consequences for the interests of third parties. SEPA has provided on its website ten questions regarding the matter along with a covering letter and supporting guidance for the consultation. The consultation will close on 11 April 2008.

Further information about the consultation is available from:

Source:  (accessed 04/03/08)

Consultation paper on 'The Draft Quality of Bathing Water (Northern Ireland) Regulations 2008'

New legislation: closed

The Department of Environment has issued a consultation seeking views on the draft Regulations needed to transpose the revised Bathing Water Directive (2006/7/EC) into national legislation in Northern Ireland.

The directive requires:

  • monitoring, assessment and classification of bathing water quality at inland waters, and coastal and transitional waters; ·        
  • the development of a system of bathing water profiles as a means of understanding the risks, which can then to be used as a basis for the management of bathing waters;  
  • the undertaking of management measures in the event of specified pollution incidents; ·        
  • the provision of appropriate, timely and standardised information to the public on bathing water quality.

It is anticipated that transposition of this Directive into national legislation will follow the Directive’s requirements closely, there being limited scope for Member States to exercise flexibility. They are set to come into force in phases, the final of which is due to be 24th March 2015. The consultation will close on 9 May 2008.

The full text of the consultation can be accessed from:

Further information about the consultation is available from:

Source: and (accessed 04/03/08)

Regulations to control noise at work in the music and entertainment sectors

New legislation: closed

The Control of Noise at Work Regulations 2005, which have been in force in other industry sectors since April 2006, are set to cover the music and entertainment sectors from 6 April 2008 in order to protect workers from exposure to excessive noise. The two-year transitional period was allowed to the music and entertainment sectors in recognition that music is unusual as it is noise deliberately created for enjoyment meaning practical guidelines were necessary to help workers, employers and freelancers in the music and entertainment sectors protect their hearing and safeguard their careers. This guidance, called Sound Advice, will be available from July 2008.

The sectors defined as being music and entertainment in the Regulations cover all workplaces where: a) live music is played or b) recorded music is played in a restaurant, bar, public house, discotheque or nightclub, or alongside live music or a live dramatic or dance performance. Employers in these sectors will be required to manage the risk to their employees and, where possible, freelancers, and to control, reduce and monitor exposure to noise with controls, many of which are simple and cost-effective.

The full text of the Regulations can be accessed from:

Further information is available from:

Source: and (accessed 05/03/08)

Corporate Manslaughter and Corporate Homicide Act 2007 to be brought into force

New legislation: closed

The Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No.1) Order 2008 has been made (14th February 2008) and brings into force from 6th April 2008 the Corporate Manslaughter and Corporate Homicide Act 2007 (with the exceptions of section 2(1) (d) (duty owed to a person in custody etc. to be a relevant duty of care) and section 10 (power to order conviction etc. to be publicised)). Under The Act, companies and organisations can be found liable for a work-related death if actions at a senior level amount to gross breach of a duty of care to the deceased following a systemic failure to manage safety within the business.

This new offence is to be known as corporate manslaughter in England and Wales and Northern Ireland, and corporate homicide in Scotland. Courts will look at management systems and practices across the organisation in a new test to provide a more effective means for prosecuting the worst corporate failures in health and safety management.  The full text of the 2008 Order can be accessed from:  

The full text of the 2007 Act can be accessed from:  

Source: (accessed 03/03/08) Relevant Training available:

Miscellaneous Amendments and Revocations to Health and Safety Regulations

New legislation: closed

The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2008 are set to come into force on the 6th April 2008 and will bring into place multiple changes to existing regulations. The regulations are mainly aimed at revisions to explosives regulations and will correct issues that have arisen since the new regulations on the manufacture and storage of explosives came into force, as well as reducing the administrative burden resulting from explosives legislation by extending the maximum periods of validity of explosives certificates and storage licences.

The regulations will also revoke redundant and outdated local mining regulations currently applying to mines that are now abandoned or to systems at working mines that are no longer used or which can be covered by more modern consents.

They also correct an omission in the Control of Noise at Work regulations. Further information is available from: and Source:  (accessed 05/03/08)

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