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Issue June 2009

NQA

The Carbon Accounting Regulations 2009

New legislation: closed

These Regulations, which came into force on 31st May 2009, make provision about carbon units and carbon accounting. For the purposes of Part 1 of the Climate Change Act 2008 ("the Act") it defines the following as carbon units and that each carbon unit has a value of 1 tonne of carbon dioxide equivalent:

  • (a) assigned amount units;
  • (b) European Union allowances;
  • (c) certified emission reductions;
  • (d) emission reduction units; and
  • (e) removal units.

Under the regulations, the Secretary of State has a duty to open a credit account in the UK registry in which carbon units that are to be credited to the net UK carbon account can be held. Once a carbon unit has been moved to the credit account it can only be taken out for the purpose of cancellation, unless the registry administrator is satisfied that certain conditions are met. The Regulations also provide power to credit carbon units to the net UK carbon account, sets out the circumstances in which carbon units are to be credited to and debited from the net UK carbon account during the 2008-2012 budgetary period as a result of the operation of the European Union Emissions Trading Scheme, The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/si/si2009/uksi_20091257_en_1 Source: http://www.opsi.gov.uk/  (accessed 05/06/09)


The Carbon Budgets Order 2009

New legislation: closed

This Order, which came into force on 30 May 2009, sets carbon budgets for the budgetary periods 2008-2012 (3,018 million tonnes of carbon dioxide equivalent), 2013-2017 (2,782 million tonnes of carbon dioxide equivalent) and 2018-2022 (2,544 million tonnes of carbon dioxide equivalent). Carbon budgets set a cap on the maximum level of the net UK carbon account for each five-year budgetary period.The full text of the Order can be accessed from:

http://www.opsi.gov.uk/si/si2009/uksi_20091259_en_1

Source: http://www.opsi.gov.uk/  (accessed 05/06/09)


The Climate Change Act 2008 (2020 Target, Credit Limit and Definitions) Order 2009

New legislation: closed

This order amends The Climate Change Act 2008 and has the effect that the Secretary of State may only set a budget for the 2018-2022 budgetary period which is equivalent to a 34% reduction in the net UK carbon account in 2020 (rather than 26%) and that compliance is to be calculated by reference to emissions of all targeted greenhouse gases rather than just carbon dioxide.It also sets a limit on the net amount of carbon units that may be credited to the net UK carbon account for the 2008-2012 budgetary period of zero carbon units. Carbon units credited to and debited from the net UK carbon account under regulation 6 of the Carbon Accounting Regulations 2009 (referenced above), i.e. those units credited and debited as a result of the operation of the EU Emissions Trading Scheme, are excluded from the level of the limit, as are allowances under the EU Emissions Trading Scheme that are acquired by the administrator of a trading scheme established under Part 3 of the Climate Change Act 2008 and credited to the net UK carbon account under regulation 5 of those Regulations.

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/si/si2009/uksi_20091258_en_1 Source: http://www.opsi.gov.uk/  (accessed 05/06/09)


The Energy Act 2004 (Commencement No. 9) Order 2009 and the Energy Act 2008 (Commencement No. 3) Order 2009

New legislation: closed

The Energy Act 2004 (Commencement No. 9) Order 2009 brings into force sections of The Energy Act 2004. Under the order, sections 90 and 91 of the 2004 Act come into force on 19 June 2009; these sections confer on the Secretary of State powers relating to the modification of licence conditions, industry codes and agreements for offshore transmission and distribution; and powers relating to the extension of transmission licences offshore. The order also brought into force section 92 of the 2004 Act as of 20 May 2009. This section inserts section 6C into the Electricity Act 1989 which makes provision relating to competitive tenders for offshore transmission licences.The Energy Act 2008 (Commencement No. 3) Order 2009 brings into force, as of 20 May 2009, section 44(1), (2) and (4) (offshore electricity transmission) of the Energy Act 2008. Section 44(1) and (2) of the 2008 Act inserts sections 6D and 6E, and Schedule 2A of the Electricity Act 1989 and give further provision in connection with tenders for offshore transmission licences in connection with section 6C inserted by the 2004 Act.

 The full text of The Energy Act 2004 (Commencement No. 9) Order 2009 can be accessed from: http://www.opsi.gov.uk/si/si2009/uksi_20091269_en_1

The full text of The Energy Act 2008 (Commencement No. 3) Order 2009 can be accessed from: http://www.opsi.gov.uk/si/si2009/uksi_20091270_en_1 Source: http://www.opsi.gov.uk/  (accessed 08/06/09)


The Radioactive Contaminated Land (Scotland) Amendment Regulations 2009

New legislation: closed

These Regulations come into force on 26 June 2009 and further amend the Radioactive Contaminated Land (Scotland) Regulations 2007, as already amended by the Radioactive Contaminated Land (Scotland) (Amendment) Regulations 2007. The Regulations make two additional modifications in relation to radioactive contaminated land other than land contaminated by a nuclear occurrence. They provide for the Scottish Environment Protection Agency to determine whether such land is "contaminated land". They also modify the definition of "substance" contained in the two sets of 2007 Regulations.

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/legislation/scotland/ssi2009/ssi_20090202_en_1 Source: http://www.opsi.gov.uk/  (accessed 08/06/09)


The Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009

New legislation: closed

These Regulations implement European Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements and make amendments to multiple pieces of legislation. Under the Regulations, the Merchant Shipping Act 1995 is amended to limit the provisions of section 131 regarding discharges of oil or a mixture containing oil into certain types of water that are not sea.New regulations, 11A to 11C, are added to the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 excepting from the prohibitions in regulations 12, 13 and 16 discharges of oil into the sea arising from damage to a ship or its equipment in certain circumstances. This removes existing defences in relation to certain discharges in those waters and introduces, in line with the Directive, new defences for those discharges which have a more limited range. The Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 are amended to provide that penalties may be imposed on any person who causes or contributes to a prohibited discharge under certain circumstances

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/si/si2009/uksi_20091210_en_1 Source: http://www.opsi.gov.uk/  (accessed 08/06/09)


The Contaminants in Food (England) Regulations 2009 and The Contaminants in Food Regulations (Northern Ireland) 2009

New legislation: closed

These Regulations revoke and re-enact with changes the Contaminants in Food (England) Regulations 2007 and the Contaminants in Food Regulations (Northern Ireland) 2007. They make provision for the execution and enforcement of European Regulation 1881/2006 setting maximum levels for contaminants in foodstuffs. Under the new Regulations, it is an offence to use or place on the market foodstuffs containing contaminants at levels exceeding those specified. The types of contaminants specified by the European Regulation include nitrate, mycotoxins, metals, dioxins and PCBs, and polycyclic aromatic hydrocarbons.

The full text of the England Regulations can be accessed from: http://www.opsi.gov.uk/si/si2009/uksi_20091223_en_1

The full text of the Northern Ireland Regulations can be accessed from: http://www.opsi.gov.uk/sr/sr2009/nisr_20090220_en_1 Source: http://www.opsi.gov.uk/  (accessed 08/06/09)


Consultation on Draft Guidance on how to Measure and Report Greenhouse Gas Emissions

New legislation: closed

The Department for Environment, Food and Rural Affairs (Defra) and the Department of Energy and Climate Change (DECC) have issued a joint consultation on draft guidance for how UK organisations should measure and report their greenhouse gas emissions required by the Climate Change Act. The draft guidance is aimed at all UK organisations - both public and private sector - and sets out how an organisation should go about measuring and reporting their green house gas emissions in a clear and consistent way. This guidance takes account of views from a range of businesses and organisations both nationally and internationally who we engaged with informally prior to this public consultation.

The consultation will close on 7 August 2009.Further information is available from: http://www.defra.gov.uk/corporate/consult/greenhouse-gas/index.htm Source: http://www.defra.gov.uk/ (accessed 08/06/09)


Consultation on Draft Guidance for the Environmental Permitting Regulations

New legislation: closed

Defra, DECC and the Welsh Assembly Government have issued a consultation invites views on the structure and content of several pieces of draft Government Guidance for the Environmental Permitting Regulations. The guidance is part of the second phase of the Environmental Permitting Programme (EPP2) which is designed to reduce costs for operators and the regulator by cutting unnecessary red tape, while continuing to protect the environment and human health. The deadline for responses is 29 July 2009.

Further information is available from: http://www.defra.gov.uk/corporate/consult/env-permitting-guidance/index.htm Source: http://www.defra.gov.uk/ (accessed 08/06/09)


Consultation on the Standard Assessment Procedure (SAP)

New legislation: closed

DECC are have issued a technical consultation to seek views on the proposed amendments to the Standard Assessment Procedure (SAP) methodology, the UK Government's tool for assessing the energy performance of dwellings. SAP currently underpins many of Government's energy and environmental policy initiatives.

The consultation invites views in particular on the following areas of SAP methodology where changes are proposed:

  • revised algorithms for the assessment of domestic hot water efficiency;
  • impacts of space cooling (air conditioning) - an addition to the methodology;
  • an explicit allowance for the impacts of thermal mass; and
  • revised internal heat gains assumptions.

The consultation will run until 12 August 2009. Further information is available from: http://www.decc.gov.uk/en/content/cms/consultations/consult_sap/consult_sap.aspx Source: http://www.decc.gov.uk/ (accessed 08/06/09)


Consultation on Smart Metering for Electricity and Gas

New legislation: closed

DECC are currently seeking views on proposals relating to the roll-out of smart meters to domestic households and at small and medium non-domestic sites. The Government announced in October 2008 that it intends to mandate electricity and gas smart meters for all households.

The consultation makes proposals in two areas fundamental to rolling out smart meters to domestic households:

  • the delivery model or market arrangements for installing and on-going management of smart meters; and
  • smart meter functionality

The consultation also invites views on the type of energy consumption information that should be provided to consumers. The deadline for responses is 3 August 2009.

Further information is available from: http://www.decc.gov.uk/en/content/cms/consultations/smart_metering/smart_metering.aspx Source: http://www.decc.gov.uk/ (accessed 08/06/09)


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