The Financial Assistance for Environmental Purposes (England and Wales) Order 2008

New legislation: closed

The Zero Carbon Hub Limited is to be added to the list of organisations, schemes, programmes and international agreements that the Secretary of State may, with the consent of the Treasury, give financial assistance to under the Environmental Protection Act 1990. The Financial Assistance for Environmental Purposes (England and Wales) Order 2008 adds the Hub to section 153(1) of the Act and comes into force on 23 January 2009. The Zero Carbon Hub Limited as set up in response to the recommendation in the Callcutt Review of House Building Supply that a delivery body be set up to lead and co-ordinate the efforts of interested parties towards the target of zero carbon homes. The Hub will have a role in identifying key policy and research issues, disseminating research findings, promoting exemplar developments, and marketing and promoting zero carbon buildings.                                                                  

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/si/si2008/uksi_20083243_en_1

Further information on the Zero Carbon Hub can be accessed from: http://www.zerocarbonhub.org/

Source: http://www.opsi.gov.uk/  (accessed 08/01/09)

The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008

New legislation: closed

Sewage and garbage from shipping are now to be regulated under The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008 which comes into force on 1 February 2009. The new regulations implement Annexes IV (Regulations for the Prevention of Pollution by Sewage) and V (Regulations for the Prevention of Pollution by Garbage) of the International Convention for the Prevention of Pollution from Ships, 1973.The new Regulations require that ships to which the Regulation applies must not be put into service or continue in service unless a survey has been carried out in respect of the ship and the surveyor is satisfied that the structure, equipment, systems, fittings, arrangements and materials of the ship fully comply with the Regulations and a valid Sewage Certificate has been issued. The Regulations also prohibit the discharge of sewage into the sea apart from in controlled and regulated circumstances, prohibit the disposal of plastics into the and prohibit the disposal of other garbage except in certain circumstances. United Kingdom ships are restricted from entering the Antarctic area unless they have sufficient capacity for the retention of garbage on board, and requirements are imposed for the carrying of placards relating to the disposal of garbage. Ships are required to have a garbage management plan and requirements are also imposed in relation to keeping a garbage record book.

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/si/si2008/uksi_20083257_en_1

Source: http://www.opsi.gov.uk/  (accessed 08/01/09)

The Nitrate Pollution Prevention (Wales) Regulations 2008

New legislation: closed

The Nitrate Pollution Prevention (Wales) Regulations 2008 came into force on 1 January 2009 and revoke and replace the previous provisions which controlled the application of nitrogen fertiliser in nitrate sensitive areas in Wales. These Regulations extend the areas designated as nitrate vulnerable zones and change the period during which organic manure in a nitrate vulnerable zone must not be spread, and increase the amount of organic manure storage capacity required. Under the new Regulations the permitted annual level of nitrate application of livestock manure to grassland in a nitrate vulnerable zone is reduced from 250 kg/ha to 170 kg/ha (previously the lower limit applied to land other than grassland).                                                                  

 The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/legislation/wales/wsi2008/wsi_20083143_en_1

Source: http://www.opsi.gov.uk/  (accessed 08/01/09)

The Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008

New legislation: closed

These Regulations revoke and replace the Transfrontier Shipment of Radioactive Waste Regulations 1993 and came into force on 25 December 2008. The new Regulations extend the scope of the 1993 Regulations to include spent nuclear fuel for re-processing as well as shipments of radioactive waste. In addition, they establish a procedure of deemed consent after a period of two or three months. The new Regulations create offences relating to the transfrontier shipment of radioactive waste or spent fuel without an authorisation granted by the Environment Agency (in England and Wales), the Scottish Environment Protection Agency (in Scotland) or the Chief Inspector appointed under the Radioactive Substances Act 1993 (in Northern Ireland). A person guilty of an offence under these Regulations is liable to a fine or to imprisonment for up to two years or both.                                        

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/si/si2008/uksi_20083087_en_1

Source: http://www.opsi.gov.uk/  (accessed 08/01/09)

The Pollution Prevention and Control (Scotland) Amendment Regulations 2008

New legislation: closed

These Regulations, which come into force on 19 January 2009, amend the Pollution Prevention and Control (Scotland) Regulations 2000. They amend Part 1 of Schedule 1 to the PPC Regulations by adding motor vehicle refuelling activities to the list of activities that require a permit under the PPC Regulations in Scotland. This assists the UK in meeting an obligation arising from the Protocol to the Convention on Long-range Transboundary Air Pollution on the Control of Emissions of Volatile Organic Compounds or Their Transboundary Fluxes.                                        

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080410_en_1

Source: http://www.opsi.gov.uk/  (accessed 08/01/09)

The Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2008

New legislation: closed

These Regulations, which came into force on 1 January 2009, correct minor errors in regulation 9 of the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 so that that regulation applies to the storage of livestock manure other than slurry (rather than "solid" manure). They also correct minor errors in the text and figures in some of the tables in Schedule 3.                                                                

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080394_en_1

Source: http://www.opsi.gov.uk/  (accessed 08/01/09)

The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008; the Town and Country Planning (Appeals) (Scotland) Regulations 2008; and the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotla

New legislation: closed

The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 put in place the regulatory framework required to allow the development management provisions in Part 3 of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) 2006 Act to be commenced. Within the framework of the 1997 Act, as amended, the purpose of the instrument is to set out the procedure for processing planning applications in Scotland. The instrument replaces provisions in the Town and Country Planning (General Development Procedure) (Scotland) Order 1992.The key aims of modernising the planning system are to make it: fit for purpose; more efficient; more inclusive; and play its part in delivering sustainable development. Whilst set within the framework of the 2006 Act, the emphasis of the regulations is on supporting the Government's purpose of increasing sustainable economic growth and efficiency/simplicity where possible. Changes to development management are concerned specifically with: making the processes around applying for planning permission fit for purpose and responsive to different types of development proposal; improving efficiency in developing and determining applications and improving public involvement in the consideration of proposals requiring such permission.The Town and Country Planning (Appeals) (Scotland) Regulations 2008 put in place the regulatory framework required to allow the provisions in the Planning etc. (Scotland) Act 2006 (the 2006 Act) to be commenced as they relate to planning appeals. The Act introduced significant changes to the planning appeals system in Scotland. These include:

1. The introduction of a right to seek a review by the planning authority of a decision taken under the terms of new schemes of delegation instead of a right to appeal to Scottish Ministers;
2. Removal of the automatic right to appear before and to be heard by a person appointed by Scottish Ministers;
3. Limitations on the introduction of new material at the review and appeal stages unless it is new matter or a material consideration;
4. Confirmation that a proposal may not be varied once an appeal has been made; and
5. Power for regulations to make provision for the form and procedures for any review or appeal.

Energy Performance of Buildings (Scotland) Amendment Regulations 2008

New legislation: closed

These Regulations came into force on 31 December 2008 and apply to Scotland only.They give building owners time to react and prevent an enforcement authority from serving a penalty charge notice when the owner is actively seeking an energy performance certificate.

These Regulations inserts provision into the 2008 Regulations to prevent a penalty charge notice being given where:

1. The owner has requested an energy performance certificate no later than 7 days after a person becomes a prospective buyer or prospective tenant; and
2. The owner has made the energy performance certificate available to a prospective buyer or prospective tenant within 9 days of obtaining the certificate.

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080389_en_1

Source: http://www.opsi.gov.uk/  (accessed 08/01/09)

Consultation on Implementation of the Paint Products Regulations 2005 Addressing Monitoring and Enforcement Issues

New legislation: closed

DEFRA are inviting views on proposals to ensure compliance with the monitoring and enforcement requirements of the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005 without establishing a formal licensing scheme. The 2005 Regulations implement The Paints Directive in the UK which aims to reduce emissions of volatile organic compounds (VOCs) across the UK and Europe. This consultation addresses three issues:

• monitoring and enforcement, and related guidance
• paints for vintage vehicles and historic buildings, following up the September 2007 consultation on proposals for a licensing scheme
• the 2007 and 2010 deadlines for further solvent reductions for decorative paints.

SEPA Consultation on Draft River Basin Management Plans

New legislation: closed

The Scottish Environment Protection Agency has issued a consultation on the draft river basin management plans for the Scotland river basin district and the Solway Tweed river basin district. The draft river basin management plans will ensure that statutory agencies, private organisations, public sector bodies and individuals work together to create a final plan that addresses all aspects of water management. The draft plans have been produced as one of the requirements of the EU's Water Framework Directive and similar plans will be put in place across Europe. The development of river basin management planning represents a huge step forward in safeguarding and improving the quality of the water environment across Scotland.                                                                   The consultation closes on 31 March 2009.

Further information is available from: http://www.sepa.org.uk/water/river_basin_planning.aspx

Source: http://www.sepa.org.uk/ (accessed 08/01/09)

Waste Electrical and Electronic Equipment Consultation

New legislation: closed

The Department for Business, Enterprise & Regulatory Reform (BERR) has issued a consultation on new regulations and further development of the supporting infrastructure to take effect from the fourth compliance period (1 January - 31 December 2010 onwards). The consultation invites views on the Government's proposals to amend the Waste Electrical and Electronic Equipment (WEEE) Regulations with the aim to streamline the system and build on the successful implementation of the existing regulations, whilst reducing administrative burdens placed on business.  The consultation closes on 6 April 2009.

Further information is available from: http://www.berr.gov.uk/whatwedo/sectors/sustainability/weee/consultations/page49461.html

Source: http://www.berr.gov.uk/ (accessed 08/01/09)

Consultation on the Implementation of the Batteries and Accumulators Directive (2006/66/EC) - Waste Battery Collection and Recycling Provisions

New legislation: closed

BERR, Defra and the Devolved Administrations for Northern Ireland, Scotland and Wales are seeking views on draft regulations for UK implementation of provisions relating to waste batteries in Directive 2006/66/EC on Batteries and Accumulators and Waste Batteries and Accumulators. The Government and the Devolved Administrations are seeking the views of producers, distributors, collectors and recyclers of batteries and accumulators and items containing batteries and accumulators, and any other interested parties, on the proposed approach for implementing provisions in the Directive relating to the collection, treatment, recycling and disposal of waste portable, automotive and industrial batteries and accumulators. The consultation aims to help finalise the legislation that is needed to transpose these provisions into UK law.

The consultation closes on 13 February 2009.

Further information is available from: http://www.berr.gov.uk/whatwedo/sectors/sustainability/batteries/page49501.html

Source: http://www.berr.gov.uk/ (accessed 08/01/09)

The Health and Safety (Offences) Act 2008

New legislation: closed

The Health and Safety Offences Act 2008 amends Section 33 of the Health and Safety at Work Act 1974. New legislation, which will increase penalties and provide courts with greater sentencing powers for those who flout health and safety legislation, received Royal Assent on 16 October 2008.The Act raises the maximum penalties that can be imposed for breaching health and safety regulations in the lower courts from £5,000 to £20,000 and the range of offences for which an individual can be imprisoned has also been broadened. The Act, which covers Great Britain and Northern Ireland, is coming into force in January 2009. The full text of the Act can be accessed from: http://www.opsi.gov.uk/acts/acts2008/ukpga_20080020_en_1

Further information can be accessed from: http://www.dwp.gov.uk/mediacentre/pressreleases/2008/oct/hse106-161008.asp and http://www.hse.gov.uk/news/2008/hsa.htm

Source: http://www.opsi.gov.uk/  (accessed 08/01/09)

CHIP 4 chemical regulations consultation

New legislation: closed

The Health and Safety Executive (HSE) seeks views on new Regulations proposed by the Board of the HSE to revoke and replace the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (CHIP 3), as amended. The new Regulations will be known as the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009 (CHIP 4).The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (CHIP 3) need to be amended as a consequence of the adoption and entry into force of the European Regulation on the Classification, Labelling and Packaging of Substances and Mixtures, known as the CLP Regulation. The CLP Regulation adopts in the European Union, the internationally agreed Global Harmonised System on the classification and labelling of chemicals, known as the ‘GHS'. The GHS establishes a framework for describing and communicating the hazardous properties of chemicals for both transport and supply. The CLP Regulation is expected to enter into force in all EU Member States late 2008/early 2009. With suitable transitional arrangements, the CLP Regulation repeals the Dangerous Substances Directive (67/548/EEC) and the Dangerous Preparations Directive (1999/45/EC). Although the CLP Regulation will be directly acting on Member States, without the need for transposition, HSE needs to make the necessary amendments to the CHIP Regulations to accommodate the changes at European level. The proposed amendments are designed to allow the relevant domestic legislation to be aligned with the transitional period of the CLP Regulation, in preparation for the its repeal in 2015, and to ensure that the provisions of the CLP Regulation can be enforced in Great Britain, both throughout the transitional period and beyond. The consultation closes on 13 February 2009. The consultation document can be accessed from: http://consultations.hse.gov.uk/inovem/gf2.ti/f/7170/215525.1/pdf/-/cd220.pdf

Further information can be accessed from: http://www.hse.gov.uk/consult/condocs/cd220.htm?ebul=hsegen/22-dec-2008&cr=4 Source: http://www.hse.gov.uk/  (accessed 08/01/09)

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