The UK Low Carbon Transition Plan released 15th July

When does this take effect: 06 August 2009

The UK Low Carbon Transition Plan plots out how the UK will meet the cut in emissions set out in the budget of 34% on 1990 levels by 2020. A 21% reduction has already been delivered – equivalent to cutting emissions entirely from four cities the size of London.

Transforming the country into a cleaner, greener and more prosperous place to live is at the heart of our economic plans for Building Britain’s Future and ensuring the UK is ready to take advantage of the opportunities ahead.

By 2020:

• More than 1.2 million people will be in green jobs
• 7 million homes will have benefited from whole house makeovers, and more than 1.5 million households will be supported to produce their own clean energy
• Around 40% of electricity will be from low carbon sources, from renewables, nuclear and cleancoal

• We will be importing half the amount of gas that we otherwise would
• The average new car will emit 40% less carbon than now.

The Transition Plan is the most systematic response to climate change of any major developedeconomy, and sets the standard for others in the run up to crucial global climate talks in Copenhagen in December.

The Plan can be accessed from:
http://www.decc.gov.uk/en/content/cms/publications/lc_trans_plan/lc_trans_plan.aspx

Packaging (Essential Requirements) (Amendment) Regulations 2009

When does this take effect: 06 August 2009

These Regulations came into force 10th July and amend the Packaging (Essential Requirements) Regulations 2003 (as amended) to continue an exemption regarding heavy metal concentration levels in plastic crates and plastic pallets.

Regulation 2 removes the expiry date of 4th March 2009 for the derogation from the maximum heavy metal concentration levels for plastic crates or plastic pallets. This implements Commission Decision 2009/292/EC establishing the conditions for a derogation for plastic crates and plastic pallets in relation to the heavy metal concentration levels established in the 1994 Directive.

The derogation had expired before it was extended by Commission Decision 2009/292/EC. Consequently regulation 3 provides that no proceedings or enforcement action shall be taken in respect of a breach of the 2003 Regulations in respect of plastic crates or plastic pallets where the breach occurred between 4th March 2009 and the coming into force of these Regulations and the requirements of regulation 6(3)(a) of and Schedule II to the 2003 Regulations were complied with in relation to that packaging.

These Regulations apply to England, Scotland, Wales and Northern Ireland

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/si/si2009/uksi_20091504_en_1

The Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2009

When does this take effect: 06 August 2009

This Order designates Directive 2000/60/EC of the European Parliament and of the Council (establishing a framework for Community action in the field of water policy) and Directive 2006/118/EC of the European Parliament and of the Council (on the protection of groundwater against pollution and deterioration) as relevant directives for the purposes of paragraph 20(2)(c) of Schedule 1 to the Pollution Prevention and Control Act 1999.

This Order came into force 19th June 2009 and it extends to England and Wales.

The full text of the Order can be accessed from:

http://www.opsi.gov.uk/si/si2009/uksi_20091517_en_1

Environmental Noise (England) (Amendment) Regulations 2009

When does this take effect: 06 August 2009

These Regulations make some minor amendments to the Environmental Noise (England) Regulations 2006. This instrument has no impact on the public, private or voluntary sector.

These Regulations came into force 25th July 2009 and apply to England.

The full text of the Regulations can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091610_en_1 

Environmental Permitting (England and Wales) (Amendment) Regulations 2009

These Regulations amend the Environmental Permitting (England and Wales) Regulations 2007 for the purposes of transposing the requirements of Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from the extractive industries and amending Directive 2004/35/EC (“the Mining Waste Directive”) (but excluding certain requirements in Article 6 of that Directive which will be transposed through separate regulations). They also make certain amendments to the EP Regulations relating to environmental permitting (correcting a number of errors and emissions, and updating references following the recent codification in Directive 2008/1/EC of Directive 96/61/EC, on integrated pollution prevention and control)

The full text of the Regulations can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091799_en_1

Home Energy Efficiency Scheme (England) (Amendment) Regulations 2009

These Regulations amend the Home Energy Efficiency Scheme (England) Regulations 2005 in order to increase the level of grant available under the Warm Front Scheme and to expand its scope to include the installation of low carbon and renewable technologies which will help householders generate their own low cost energy.

This Amendment came into force 1st August 2009 and extends to England.

The full text of the Regulations can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091816_en_1

Control of Trade in Endangered Species (Enforcement) (Amendment) Regulations 2009

These Regulations insert a new regulation into the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (“the COTES Regulations”), describing three cases in which a specimen is presumed to be of a species listed in Annex A to Council Regulation (EC) No 338/97.

This presumption applies for the purposes of regulation 8 of the COTES Regulations, which provides for certain offences relating to the purchase, sale etc. of specimens, the details of which differ depending on whether the specimen is of a species listed in Annex A or Annex B to the Council Regulation No 338/97. The presumption in favour of Annex A relates to cases where different species, subspecies or geographical populations of species are split between Annexes A and B to the Principal Regulation.

This instrument has no impact on the private or voluntary sectors.

This instrument will come into force 11th August 2009 and it applies to England, Wales, Scotland and Northern Ireland.

The full text of the Regulations can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091773_en_1

The Landfill Tax (Amendment) Regulations 2009

These Regulations revoke Part IX of the Landfill Tax Regulations 1996 which relates to temporary
disposals of material on a landfill site and introduce a new requirement to give information and keep
records in relation to information areas.

These Regulations will come into force 1st September 2009 and apply to England, Wales, Scotland
and Northern Ireland.

The full text of the Regulations can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091930_en_1

Further information is available from:
http://www.opsi.gov.uk/si/si2009/pdf/uksi_20091930_en.pdf

Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2009

These Regulations amend the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007, which implement Articles 7 (energy performance certificate) and 10 (independent experts) of Directive 2002/91/EC of the European Parliament and of the Council of 16th December 2002 on the Energy Performance of Buildings. The amendments concern disclosure of energy performance certificates and recommendation reports, and of display energy certificates.

These Regulations will come into force 10th August 2009 and apply to England and Wales

The full text of the Regulations can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091900_en_1

The Planning (Hazardous Substances) (Amendment) (England) Regulations 2009

These Regulations implement Article 12 of European Directive 96/82/EC on the control of major accidents involving dangerous substances as amended by Council Directive 2003/105/EC. They amend the Planning (Hazardous Substances) Regulations 1992 to increase the range of dangerous substances for which consent must be obtained for storage or processing; the definitions of these substances; and the amounts allowed before consent must be obtained.

These Regulations will come into force 1st October 2009 and apply to England and Wales

The full text of the Regulations can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091901_en_1

Further information is available from:
http://www.opsi.gov.uk/si/si2009/em/uksiem_20091901_en.pdf

The Environmental Liability (Scotland) Regulations 2009

The purpose of the instrument is to implement the Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage. The main aim of the Regulations is to establish a new kind of civil mechanism to be deployed in the cases foreseen by the Directive, based upon the ‘polluter pays’ principle.

The Environmental Liability (Scotland) Regulations 2009 do not replace any existing laws but add remediation requirements for the most significant cases involving the threat of or actual damage to:

• Biodiversity (protected species and habitats) of European importance in terms of the Birds
• Directive and the Habitats Directive
• Water (to water bodies) in terms of the Water Framework Directive and,
• Land where public health is at significant risk of being adversely affected.

The Regulations place a duty on certain operators who cause a risk of significant damage to land, water or biodiversity to avert such damage occurring or, where damage has occurred, a duty to reinstate the environment to the condition prior to the incident or to undertake compensatory activity. For the purposes of the Regulations an operator is the person who operates or controls an activity which poses a threat of damage or causes actual damage to the environment. Activity is defined quite widely, extending to any activity carried out in the course of economic activity, a business or an undertaking, irrespective of its private or public, profit or non-profit nature. The Regulations will not impose requirements relating to any damage which has occurred prior to them coming into force.

These Regulations came into force 24^th

http://www.opsi.gov.uk/legislation/scotland/ssi2009/ssi_20090266_en_1

http://www.opsi.gov.uk/legislation/scotland/ssi2009/en/ssien_20090266_en.pdf

The Electricity and Gas (Carbon Emissions Reduction) (Amendment) Order 2009

This Order amends the Electricity and Gas (Carbon Emissions Reduction) Order 2008 (“CERT Order”) which places an obligation on electricity and gas suppliers who have 50,000 or more domestic customers to achieve a carbon emissions reduction obligation. The amendments in this Order increase the overall carbon emissions reduction target; provide a carbon score for the provision of a real-time display or a home energy advice package; and make minor consequential amendments.

The Order obligates gas and electricity suppliers to meet household carbon emissions reduction targets. Suppliers achieve these targets by promoting (e.g. through subsidised offers) low carbon and energy efficiency measures such as cavity wall insulation and high efficiency light bulbs to households. At least 40% of the carbon saving obligation has to be achieved in a priority group of low income, vulnerable and elderly households.

This Order came into force 20th July 2009 and it applies to Great Britain.

The full text of the Order can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091904_en_1

Further information is available from:
http://www.opsi.gov.uk/si/si2009/em/uksiem_20091904_en.pdf

The Electricity and Gas (Community Energy Saving Programme) Order 2009

The Order places an obligation on electricity and gas suppliers who have 50,000 or more domestic customers and on electricity generators who have generated 10TWh/yr or more of electricity in specified years to achieve a carbon emissions reduction obligation. The obligation must be achieved by promoting particular types of (energy efficiency) actions to domestic energy users in areas of low income. The Order is administered and enforced by the Office for Gas and Electricity Markets (Ofgem).

The CERT Order already requires energy suppliers to reduce the carbon emissions of domestic energy customers by promoting energy efficiency/carbon saving measures. The Electricity and Gas (Community Energy Saving Programme) Order 2009 (“the CESP Order”) adds to this obligation for those energy suppliers with more than 50,000 domestic customers and introduces an obligation for defined electricity generators to meet an additional carbon emissions reduction target.

The CESP Order is being made to place a new obligation on energy suppliers and defined electricity generators to reduce CO2 emissions by offering energy efficiency and small-scale generation measures to domestic energy users in specified areas of low income throughout Great Britain.

This Order will come into force 1st September 2009 and it applies to Great Britain.

The full text of the Order can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091905_en_1

Further information is available from:
http://www.opsi.gov.uk/si/si2009/em/uksiem_20091905_en.pdf

Groundwater Regulations (Northern Ireland) 2009

These Regulations transpose Directive 2006/118/EC on the protection of groundwater against pollution and deterioration. The purpose of the rule is to prevent the entry into groundwater of hazardous substances and the pollution of groundwater by non-hazardous pollutants. These Regulations will affect you if you discharge certain hazardous or non-hazardous substances into groundwater in Northern Ireland. These Regulations revoke and replace the Groundwater Regulations (Northern Ireland) 1998.

These Regulations will come into force 10th August 2009.

The full text of the Regulations can be accessed from:
http://www.doeni.gov.uk/groundwater_regulations__northern_ireland__2009.pdf.pdf

The Building Regulations (2009 Amendment Act) (Commencement) Order (Northern Ireland) 2009

This Order provides for the coming into operation on 31st August 2009 of section 1, section 2, section 3, section 4(c), and section 10 of the Building Regulations (Amendment) Act (Northern Ireland) 2009.

Section 1 introduces a definition of low or zero carbon systems into the Building Regulations (Northern Ireland) Order 1979 (NI 16) (“the principal Order”). It also introduces into Schedule 1 to the principal Order a number of new matters for which building regulations may be made.

Section 2 requires district councils to take account of the desirability of preserving the character of protected buildings in carrying out their functions under building regulations.

Section 3 amends the principal Order to require nominations to the Building Regulations Advisory Committee to come from “persons” rather than “bodies”.

Section 4(c) expands Article 5(5) of the principal Order to allow building regulations to be made for the purposes of preserving or enhancing the environment and to promote sustainable development.

Section 10 creates a new offence to knowingly or recklessly submit false or misleading information for the purposes of securing building regulations approval.

The full text of the Order can be accessed from:
http://www.opsi.gov.uk/sr/sr2009/nisr_20090272_en_1 

The Renewables Obligation (Scotland) Amendment Order 2009

The Renewables Obligation (Scotland) Amending Order 2009 amends the Renewables Obligation (Scotland) Order 2009 by inserting higher levels of support for “enhanced” wave and tidal generation
– that is, generation from wave and tidal power which is located in Scottish waters and which has not received grant support from the Scottish or UK Governments.

This Order came into force 16th July.

The full text of the Order can be accessed from:
http://www.opsi.gov.uk/legislation/scotland/ssi2009/ssi_20090276_en_1 

Consultation on the transposition of the revised Waste Framework Directive (Directive 2008/98/EC) in England and Wales

Member States are required to bring into force by 12 December 2010 the laws, regulations and administrative provisions necessary to comply with the revised Waste Framework Directive (WFD). Defra is responsible for transposing the revised WFD in England; and the Welsh Assembly Government (WAG) is responsible for its transposition in Wales. Defra/WAG propose to manage the revised WFD’s transposition through a two-stage process.

The following provides an indication of the issues covered in the consultation document:

- Article 4 : The waste hierarchy;
- Article 8 : Extended producer responsibility;
- Article 11 : Re-use and recycling;
- Article 11(1) : Re-use and preparing for re-use activities;
- Article 11(1) : Separate collections of waste;
- Article 11(2)(a) : Household waste recycling target;
- Article 11(2)(b) : Recovery target for non-hazardous construction and demolition waste;
- Article 16 : Principles of self-sufficiency and proximity;
- Articles 17-20 : Hazardous waste;
- Article 21 : Waste oils;
- Article 22 : Bio-waste;
- Article 28 : Waste management plans; and
- Article 29 : Waste prevention programmes.

Other Issues

- Article 6 : End-of-waste status; and
- The “R1 formula” and the recovery/disposal distinction.

The consultations will run until 9 October 2009.

The consultation document can be accessed from:
http://www.defra.gov.uk/corporate/consult/waste-framework/consultation.pdf

Further information is available from:
http://www.defra.gov.uk/corporate/consult/waste-framework/index.htm

Consultation on Hazardous Waste Strategy

This consultation seeks views on a proposed Strategy for Hazardous Waste Management in England. The proposed strategy has been conceived to underpin the practical application of the revised Waste Framework Directive 2008/98/EC (WFD) and in particular the requirements that apply to hazardous waste.

Clarity is needed on how the requirements of the revised WFD should be implemented, particularly the revised waste hierarchy with respect to the management of hazardous waste. The principal aim of the proposed strategy is to deliver sound and, where necessary, improved hazardous waste treatment. It is expected that associated hazardous waste management practices and new infrastructure will meet existing regulatory requirements.

The strategy comprises:

• Seven high level principles for the management of hazardous waste.
• A set of outline decision trees to assist waste producers and waste managers to make the right decisions about the management of their waste and the investment in infrastructure to help move hazardous waste management up the waste hierarchy.
  
• A timeline of action on issues relating to the introduction and implementation of the strategy.
• A list of guidance relating to the treatment of hazardous waste.

The consultations will run until 13 October 2009.

The consultation document can be accessed from:
http://www.defra.gov.uk/corporate/consult/hwm-strategy/consultation.pdf

Further information is available from:
http://www.defra.gov.uk/corporate/consult/hwm-strategy/index.htm

Consultation on proposals for Fairer and Better Environmental Enforcement

This joint Defra and Welsh Assembly Government consultation invites comments on Government proposals for more transparent, proportionate, consistent and effective environmental enforcement in England and Wales. The proposals include introducing new regulator-imposed civil sanctions to help create a better graduated system of enforcement; and initial proposals to strengthen the role of the criminal courts in sentencing the worst cases, which would continue to be prosecuted.

The proposals are designed to give regulators better tools to protect the environment and communities, and to level the playing field for compliant business. It is proposed that the Environment Agency, Natural England and Countryside Council for Wales should be able to use civil sanctions.

The proposals would introduce the following civil sanctions for regulators to use:

• a range of enforcement notices: a Compliance Notice; Restoration Notice; and Stop Notice
  
• Fixed Monetary Penalties -for lesser examples of non-compliance
• Enforcement Undertakings -by which an operator could offer voluntary commitments to comply, and to fully make amends for the effects of their non-compliance. The regulator may decide to accept an Undertaking instead of imposing other sanctions.
• Variable Monetary Penalties -enabling regulators to impose a proportionate financial penalty for moderately serious non-compliance, including removal of financial benefit from non-compliance.

The proposed civil sanctions scheme is designed to be transparent and proportionate; the new scheme would be applied consistently and accountably under government guidance; the scheme will aid regulators in targeting enforcement action on risk.

The consultations will run until 14 October 2009.

The consultation document can be accessed from:
http://www.defra.gov.uk/corporate/consult/env-enforcement/consultation.pdf

Further information is available from:
http://www.defra.gov.uk/corporate/consult/env-enforcement/
and
http://www.defra.gov.uk/environment/enforcement

Consultation on Draft Noise Action Plans

This consultation seeks views on draft noise action plans for agglomerations, major roads (outsideagglomerations) and major railways (outside agglomerations), which fulfils obligations under the Environmental Noise Directive (2002/49/EC) and the Environmental Noise (England) Regulations 2006 (as amended). Please note that these draft noise action plans only apply to England.

Specifically, Defra is consulting on:

- Draft Noise Action Plan template for 23 agglomerations

• The supporting data document for the agglomeration template
• Draft Noise Action Plan for major roads (outside agglomerations)
• Draft Noise Action Plan for major railways (outside agglomerations)

The consultations will run until 4 November 2009.

The consultation document can be accessed from:
http://www.defra.gov.uk/corporate/consult/noise-action-plan/consultation-document.pdf

Further information is available from:
http://www.defra.gov.uk/corporate/consult/noise-action-plan/index.htm
and
http://www.defra.gov.uk/environment/noise/mapping/action-plans.htm

The Offshore Installations (Safety Zones) (No.2) Order 2009

This Order establishes, under section 22 of the Petroleum Act 1987, a safety zone having a radius of
500 metres from the specified point, around each installation specified in the Schedule to this Order
and stationed in waters (these include territorial waters and waters in areas designated under the

Continental Shelf Act 1964).

are prohibited from entering or remaining in a safety zone except with the consent of the Health andVessels, which for this purpose include hovercraft, submersible apparatus and installations in transit, Safety Executive or in accordance with regulations made under the Offshore Installations (Safety Zones) Regulations 1987.

This Order uses the World Geodetic System 84 (“WGS 84”) co-ordinates to establish the location of safety zones. This is the reference system that is now most commonly recognised and used throughout the world. It replaces the European Datum (1950), which was the system used for stating the location of safety zones under earlier Orders made under section 22 of the Petroleum Act 1987.

The Order revokes the Offshore Installations (Safety Zones) Order 2009 which was defective in that the co-ordinates for the latitude and longitude of the installations it related to (other than those for the Auk North Manifold 30/16 installation) were given according to WGS 84 but referenced as in accordance with European Datum (1950).

The full text of the Order can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20092099_en_1

The Control of Major Accident Hazards (Amendment) Regulations 2009

These Regulations were made in order to clarify whether amendments made to the Control of Major
Accident Hazards (COMAH) Regulations 1999 by the Health and Safety Fees Regulations 2008 are in

force.

The amendments provide for a power to recover the costs to the Health and Safety Executive from certain COMAH establishments in specified circumstances. This instrument is prepared for the avoidance of any doubt about the power of the Health and Safety Executive to recover those costs.

These Regulations came into force 1st July 2009 and apply to England, Scotland and Wales.

The full text of the Amendment Regulations can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091595_en_1

The Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009

These Regulations revoke and re-enact with amendments the Explosive Substances (Hazard Information) Regulations (Northern Ireland) 2000. They apply to explosives and certain substances which are controlled as if they were explosives.

These Regulations, as respects Northern Ireland—

(a) provide for the enforcement of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (“the CLP Regulation”), in addition to the enforcement of these Regulations;

(b) implement parts of Directive 2006/121/EC of the European Parliament and the Council of 18 December 2006 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances in order to adapt it to REACH

Regulation and establishing a European Chemicals Agency;

(c) implement Council Directive 1992/32/EEC amending for the 7th time Council Directive 67/548/EEC, in so far as its provisions relate to the classification, packaging and labelling of dangerous substances (“the substances Directive”); and

(d) implement Council Directive 1999/45 on the classification, packaging and labelling of dangerous preparations (“the preparations Directive”).

These Regulations will come into force 24th August 2009 and apply to Northern Ireland.

The full text of the Amendment Regulations can be accessed from:
http://www.opsi.gov.uk/sr/sr2009/nisr_20090273_en_1

Biocidal products consultation

biocidal products. The European Commission has proposed a European Regulation for the placing on
the market and use of biocidal products. This would replace the Biocidal Products Directive 98/8/EC

and transposed into UK law by the Biocidal Products Regulations 2001.

Once in force (scheduled for January 2013), the European Regulation would directly act on all Member States, including the UK.

is not working.

The proposal keeps the concept of assessing active substances at EU level for inclusion in a positive list and then authorising biocidal products for the market. However it aims to improve and update certain elements of the system.

Among the key changes proposed are:

• Extending the regulatory regime to cover treated materials containing biocides.
•  Adopting a centralised Community product authorisation scheme for some products.
• Requiring mandatory data-sharing of vertebrate animal test data.
• Reducing the burden of data requirements.
• Harmonising the fee structure across Member States (but not the fees themselves).

The consultations will run until 5th October 2009

The consultation document can be accessed from:
http://consultations.hse.gov.uk/inovem/gf2.ti/f/10114/266405.1/pdf/-/CD222.pdf

Further information is available from:
http://www.hse.gov.uk/consult/condocs/cd222.htm?ebul=hsegen/03-aug-2009&cr=5

Consultation on proposals for new regulations requiring the notification of tower cranes

These have led to public concern over tower crane safety and in 2008 the Work and Pensions Select
Committee, inquiring into the work of the HSE, called on HSE to bring forward proposals for a
national register. At its meeting in January 2009, the HSE Board agreed that, on tower crane safety,
work was required to address public concerns and respond to the Select Committee’s
recommendation and, in addition to other measures already in place, a register of tower cranes was
needed. The register would form part of a package of measures which involves HSE and the
construction industry continuing to work closely to address issues around tower cranes such as

improving the competence of installers and operators, improving design.

The proposed regulations will require employers who use 'conventional' tower cranes (i.e tower

to be made publicly available in a national register.

The consultation seeks views on matters including the scope of the regulations, i.e. what types of cranes should be covered, cranes on construction sites only or also those in other locations such as stockyards, factories; the information to be collected for the register; the mechanism for submitting it; and subsequent access to that information by interested parties. HSE also seek views on the impact assessment which sets out the estimated costs and benefits of the proposed regulations, and of other policy options which involve extending the scope of the regulations to other tower cranes types and/or to non-construction sites.

The consultations will run until 9th October 2009

The consultation document can be accessed from:
http://consultations.hse.gov.uk/inovem/gf2.ti/f/9954/263205.1/pdf/-/CD221.pdf

Further information is available from:
http://www.hse.gov.uk/consult/condocs/cd221.htm?ebul=cons/jul09&cr=2

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