InTouch

Issue April 2008

NQA

The Environmental Permitting (England and Wales) Regulations 2007

New legislation: closed

On 6 April 2008, the Environmental Permitting Regulations come into force, aiming to make it quicker and easier for businesses to apply for or change a permit. These Regulations replace the system of waste management licensing in Part II of the Environmental Protection Act 1990 and the Waste Management Licensing Regulations 1994 (as amended), and the system of permitting in the Pollution Prevention and Control (England and Wales) Regulations 2000 (as amended), with a new system of environmental permitting in England and Wales. If you’ve got a Waste Management licence or PPC permit, it will automatically become an environmental permit on the 6 April 2008. You don need to reapply, and the Environment Agency won send you a new one. The conditions and subsistence fees stay the same.

If you hold an exemption from WML, then from 6 April 2008, you will instead be exempt from environmental permitting. There are some changes, for example to paragraph numbers and to the regulation of hazardous wastes. The other changes include: - You will be able to apply for and pay for an environmental permit online, later in the year.  - You will have a dedicated team to deal with all environmental permit applications. - The EA will launch 27 standard permits for low to medium-risk waste activities. These permits will be cheaper to apply for (the EA will issue them within three months). - A single permit could cover all the relevant activities on your site. - If you’re a waste operator, you will soon be able to choose how you prove your technical competence.

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/si/si2007/uksi_20073538_en_1 Further information is available from: http://www.environment-agency.gov.uk/business/1745440/1745496/1906135/?lang=_e Source: www.environment-agency.gov.uk  (accessed 03/04/08)


The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2008

New legislation: closed

These Regulations amend the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 in relation to various requirements related to energy performance certificates and recommendation reports. The principal regulations implement Articles 7 (energy performance certificate), and 10 (independent experts) of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the Energy Performance of Buildings. The amendments relate to: - Providing access to the register of energy performance certificates and associated documents for local authorities and to allow disclosures of the information contained in it by and to those authorities. This is to ensure that local authorities can carry out their duty to enforce those parts of the building regulations which provide for energy performance certificates on construction. - Different fees for entering different types of document on the register. - Inserting transitional arrangements which last until a building is taken off the market or until 1st October 2008, whichever occurs first. It provides that, for future phases, no energy performance certificate need be made available for buildings which are on the market at the date of commencement of the requirement for so long as they are continuously marketed. An exemption also applies if buildings are put back on the market following withdrawal or rejection of an offer within 28 days. An energy performance certificate must be requested when contracts are entered into for a sale or rental of such a building and supplied to the new owner when received.

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/si/si2008/uksi_20080647_en_1

Source: www.opsi.gov.uk  (accessed 03/04/08)


The Landfill Tax (Amendment) Regulations 2008

New legislation: closed

These Regulations, which come into force on 1st April 2008, amend the Landfill Tax Regulations 1996.

The amendments relate to: 

  • The maximum credit a landfill site operator may claim, in respect of qualifying contributions made, against their annual landfill tax liability is changed from 6.6% to 6.0%. 
  • Extension of the period of time that an approved body has for submitting any financial details that may be required under regulations (14 day period for submitting financial accounts to the regulatory body).
  • Revoking regulation which enabled the regulatory body to revoke the approval of an approved body that failed to comply with the requirements of regulation 33A(1).
  • The Commissioners for Her Majesty’s Revenue and Customs are enabled to revoke the approval of an approved body that fails to comply with any requirement of regulation 33A(1).
  • The full text of the Amendment can be accessed from: http://www.opsi.gov.uk/si/si2008/uksi_20080770_en_1 Source: www.opsi.gov.uk  (accessed 03/04/08)


    The Water Supply and Sewerage Services (Customer Service Standards) Regulations 2008

    New legislation: closed

    The new Regulations revoke the existing Water Supply and Sewerage Services (Customer Service Standards) Regulations 1989. The new Regulations provide a consolidated text, in revised language, of the revoked Regulations, but extend the rights of customers to payments for flooding of customers’ land or property by sewer overflowing. In addition, the standards of performance to be met and the payments to be made by undertakers whose areas are wholly or mainly in England have also now been applied to undertakers whose areas are wholly or mainly in Wales. Formerly there were different standards of performance for, and payments by, undertakers whose areas are wholly or mainly in Wales.

    The full text of the Regulations can be accessed from: http://www.assemblywales.org/sub-ld6993-e.pdf

    Source: www.opsi.gov.uk  (accessed 03/04/08)


    The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2008

    New legislation: closed

    Part 39 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 grants planning permission in respect of the erection of buildings necessary for the purposes of housing poultry and other captive birds to protect them from avian influenza. The extent and nature of the development permitted are subject to limitations. Where Part 39 applies, no specific application for planning permission is needed. Planning permission is granted by Part 39 subject to a number of conditions, including a condition that the development is removed, at the latest, by 21 March 2008. This Order amends Part 39 by extending the date by which development must be removed to 21 March 2009. It also amends Part 39 by requiring that the development be removed, at the latest, as soon as practicable after the extended date.

    The full text of the Order can be accessed from: http://www.opsi.gov.uk/legislation/wales/wsi2008/wsi_20080502_en_1 Source: www.opsi.gov.uk  (accessed 03/04/08)


    The Waste and Contaminated Land (1997 Order) (Commencement No. 8) Order (Northern Ireland) 2008

    New legislation: closed

    This Order brings into operation on 3rd April 2008, Articles 6(4), 7, 9, 10(6), 11 and 12(9) to 12(11) of the Waste and Contaminated Land (Northern Ireland) Order 1997. The provisions commenced relate to the making of representations in consultation processes before the grant, variation, suspension or revocation of waste management licences requiring the licence holder to carry out works which would necessitate the grant of rights over land; and the payment of compensation for those required to grant rights over land to holders of those licences.

    The full text of the Order can be accessed from: http://www.opsi.gov.uk/sr/sr2008/nisr_20080138_en_1

    Source: www.opsi.gov.uk  (accessed 03/04/08)


    The Removal and Disposal of Vehicles (Amendment) (Wales) Regulations 2008

    New legislation: closed

    These Regulations amend the Removal and Disposal of Vehicles Regulations 1986 in relation to Wales (save for those parts of the Severn Crossings which are in Wales) so as to allow civil enforcement officers to remove vehicles which have been permitted to remain at rest on a road in a civil enforcement area in Wales. Such removal may only take place where a civil enforcement officer has fixed a penalty charge notice to the vehicle, or has handed such a notice to the person appearing to be in charge of the vehicle. Penalty charge notices issued in relation to vehicles in designated parking places which are issued in respect of parking charges, failing to display a ticket or parking device or failing to remove the vehicle from a parking place at the end of a period for which a charge was paid, will not warrant removal of the vehicle concerned, until the expiry of the appropriate period? as defined by new regulation 5C(4). The full text of the Amendment can be accessed from: http://www.opsi.gov.uk/legislation/wales/wsi2008/wsi_20080612_en_1

    Further information is available from: http://www.assemblywales.org/bus-home/buslegislation/bus/bus-legislation-sub/bus-legislation-sub-annulment.htm

    Source: www.opsi.gov.uk  (accessed 03/04/08)


    The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2008

    New legislation: closed

    These Regulations amend the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005 in order to transpose Commission Directive 2007/73/EC amending certain Annexes to Council Directives 86/362/EEC and 90/642/EEC as regards maximum residue levels for acetamiprid, atrazine, deltamethrin, imazalil, indoxacarb, pendimethalin, pymetrozine, pyraclostrobin, thiacloprid and trifloxystrobin. These Regulations substitute maximum residue levels for certain pesticides in Schedule 2 to the 2005 Regulations.

    The full text of the Amendment can be accessed from: http://www.opsi.gov.uk/si/si2008/uksi_20080665_en_1

    Source: www.opsi.gov.uk  (accessed 03/04/08)


    Consultation on revising the requirements regarding evidence of broad equivalence for export reprocessing sites

    New legislation: closed

    This consultation, presented by the Department for Environment, Food and Rural Affairs, Department of the Environment Northern Ireland, the Scottish Government and the Welsh Assembly Government, ask for view on proposed amendments to the Producer Responsibility Obligations (Packaging Waste) Regulations 2007. It discusses proposals to revise requirements regarding evidence of broad equivalent conditions for export reprocessing sites, and on the partial Impact Assessment which supports the proposals. This consultation explores how to: 1. Facilitate the achievement of the recycling targets for 2008 and subsequent years for waste metal packaging by making sure that as much of the material reprocessed in facilities outside the EU which operate under broadly equivalent? conditions as possible can be counted against the UK target; 2. Keep the cost of compliance for metals packaging producers to a manageable level; 3. Safeguard the environmental standards enshrined in Article 6(2) of the Packaging Directive. Responses should be received no later than 29 April 2008.

     The full text of the consultation can be accessed from: http://www.defra.gov.uk/corporate/consult/metalwaste-reprocess/consultation.pdf   Further information about the consultation is available from: http://www.defra.gov.uk/corporate/consult/metalwaste-reprocess/index.htm Source: www.defra.gov.uk  (accessed 03/04/08)


    Consultation on draft Regulations and draft guidance for proposals for establishing Joint Waste Authorities in England

    New legislation: closed

    Defra is seeking views on draft Joint Waste Authorities (Proposals) Regulations 2008 and draft Guidance on proposals for Joint Waste Authorities in England. Government introduced powers to establish joint waste authorities in the Local Government and Public Involvement in Health Act 2007. This provides local authorities with another model for partnership working - one which allows them to put the partnership on a statutory footing. The powers allow two or more local authorities to submit proposals to the Secretary of State to transfer one or more of their waste functions (waste collection, waste disposal and/or street cleansing) to a new joint waste authority. Under the Act, the Secretary of State may make Regulations to make provisions as to matters to be included in a proposal and information that must accompany a proposal. The Secretary of State may also issue guidance as to what a proposal should seek to achieve and matters that should be taken into account in formulating a proposal. Local authorities will be obliged to have regard to any such guidance issued by the Secretary of State in making their proposals. Views are now being sought on draft Regulations and draft guidance. The consultation will close on Monday 9 June 2008.

    The full text of the consultation can be accessed from: http://www.defra.gov.uk/corporate/consult/jwa/consultation.pdf Further information about the consultation is available from: http://www.defra.gov.uk/corporate/consult/jwa/index.htm

    Source: www.defra.gov.uk  (accessed 03/04/08)


    Better Regulation for a Better Environment: EHS Better Regulation Programme

    New legislation: closed

    The Environment and Heritage Service (EHS) Northern Ireland has embarked on an ambitious programme of Better Regulation initiatives, to modernise and simplify regulation for businesses and achieve better standards for the environment. Better Regulation is a significant change in approach geared towards delivering effective environmental protection and broad stakeholder buy-in. EHS is fully committed to applying the principles of better and effective regulation to all aspects of its work. Regulation which is easier to understand will be easier to adhere to and implement, making the regulatory experience more effective for everyone involved.   By improving awareness, compliance assistance, through effective and consistent enforcement, and by simplifying permitting and data returns, EHS will be able to provide a more balanced and integrated system. The EHS Position Statement on Better Regulation - "Better Regulation for a Better Environment - EHS Better Regulation Programme" - outlines EHS approach to simple and effective regulation and the key initiatives to be taken forward.  EHS invites comments on this approach from those they regulate and from other stakeholders to help progressively improve the regulatory systems.

    The full text of the programme can be accessed from: http://www.ehsni.gov.uk/ehs_better_regulation_programme_-_web_version.pdf

    Source: www.ehsni.gov.uk  (accessed 03/04/08)


    Reminder - Construction projects to require Site Waste Management Plans

    New legislation: closed

    From the 6th of April 2008, all construction projects in 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.

    The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/si/si2008/uksi_20080314_en_1 Further information and guidance is available from: http://www.environment-agency.gov.uk/business/444304/502508/1952646/?version=1&lang=_e&lang=_e

    Source: www.opsi.gov.uk  (accessed 03/04/08)


    Reminder - The Water Environment (Diffuse Pollution) (Scotland) Regulations 2008

    New legislation: closed

    If you are a farmer or land manager in Scotland, you need to comply with new regulations to control diffuse pollution. The regulations introduce new rules to protect the water environment from diffuse pollution and allow alternative ways of disposing of certain types of slurry and silage effluent. The new regulations make changes to the general binding rules (GBRs) that control the impact of diffuse pollution on the water environment from activities on rural land.

    The regulations add new GBRs relating to:

  • storing and applying fertiliser
  • keeping livestock
  • cultivating land
  • discharging water run-off through surface water drainage systems
  • constructing and maintaining certain types of road and track
  • applying pesticides
  • operating sheep dipping facilities.

    The GBRs introduce a simple set of rules for controlling diffuse pollution. As long as you comply with these rules, you won need to complete any forms or seek authorisation from SEPA.  You can now use alternative methods to dispose of certain types of slurry and silage effluent, also known as ‘dirty water’. You can now drain and treat dirty water run-off from certain areas through a constructed farm wetland. These wetlands must sufficiently treat the dirty water before you can discharge it without damage into the water environment.

    The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080054_en_1

  •  Source: www.opsi.gov.uk  (accessed 03/04/08)


    Reminder - 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: http://www.opsi.gov.uk/si/si2005/20051643.htm

    Further information is available from: http://www.hse.gov.uk/noise/musicsound.htm

    Source: www.opsi.gov.uk  and www.hse.gov.uk ((accessed 03/04/08)


    Reminder - 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: http://www.opsi.gov.uk/si/si2008/uksi_20080401_en_1

    The full text of the 2007 Act can be accessed from: http://www.opsi.gov.uk/acts/acts2007/ukpga_20070019_en_1

    Source: www.opsi.gov.uk (accessed 03/04/08)

    See our new training courses for corporate manslaughter http://www.jpd.co.uk/intouch/2008/05/14/new-course-corporate-manslaughter-the-new-act-and-the-practical-implications-for-strategic-safety-management/


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