Environmental Permitting System Revised

New legislation: The Environmental Permitting (England and Wales) Regulations 2010
Who does this affect: England and Wales - Organisations requiring environmental permits including those previously covered by consents to discharge, groundwater permits and radioactive substances authorisations and registrations
When does this take effect: 06 April 2010

The environmental permitting and compliance system in England and Wales has been revised to further streamline the system and reduce its administrative burden.

The Environmental Permitting (England and Wales) Regulations 2010, which replace the Envionmental Permitting (England and Wales) Regulations 2007, widen the existing single environmental permitting system, which already covered pollution prevention and control and waste management licensing, by integrating into it the permitting regimes covering water discharge consenting, groundwater authorisations and radioactive substances regulation authorisations.

All existing consents to discharge, groundwater permits and radioactive substances authorisations and registrations automatically became environmental permits on 6 April 2010 without having to make new applications.

The new Regulations also implement permitting requirements for extractive waste and waste batteries and accumulators.

The Regulations have been amended by the Environmental Permitting (England and Wales) (Amendment) Regulations 2010 which corrects an error concerning the storage limit for waste oils.

The full text of the Regulations can be found here.

The full text of the Amendment Regulations can be found here.

Further information on Environmental Permitting can be found on the EA website.

The CRC Energy Efficiency Scheme

New legislation: CRC Energy Efficiency Scheme Order 2010
Who does this affect: UK - Public and private sector organisations that are consumers of large amounts of electricity; further public sector organisations that are mandated to participate
When does this take effect: 22 April 2010

The CRC Energy Efficiency Scheme Order 2010 has come into force with the intent of helping the UK to meet its greenhouse gas emission reduction targets, both domestic and international.

The Order requires participating organisations to monitor their emissions and, for organisations who qualify fully, purchase allowances for each tonne of CO₂ they emit.

Participation in the CRC Energy Efficiency Scheme is mandatory for organisations who had at least one half hourly meter (HHM) settled on the half hourly market in 2008, and organisations whose 2008 annual electricity supply through all HHMs was at least 6,000 MWh will be required to participate fully.

The scheme has been designed to improve energy efficiency in public and private sector organisations that are consumers of large amounts of electricity. It is expected that the Order will come into force in April 2010.

The full text of the Order can be found here.

A user guide for The CRC Energy Efficiency Scheme can be found here.

Feed-in Tariff Scheme Launched

New legislation: The Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010
Who does this affect: Great Britain - Organisations, businesses, communities and individuals using renewable technologies
When does this take effect: 01 April 2010

With the coming into force of the Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010 on 1 April 2010 the Government has launched its Feed-in Tariff (FIT) Scheme which will allow organisations, businesses, communities and individuals to receive payment from Licensed Electricity Suppliers for electricity that they produce using qualifying renewable technologies that were installed on or after 15 July 2009.

Installations using photovoltaic (solar PV), wind and hydro technologies of a total capacity of between 50kW and 5MW are eligible to apply for the FIT Scheme through Ofgem’s accreditation process. Anaerobic digestion installations are also supported through this method up to a total capacity of 5MW.

Installations of solar PV, wind and hydro of up to 50kW are eligible to apply for the FIT Scheme if they use Microgeneration Certification Scheme (MSC) approved products which have been installed by MCS approved installers. A total of 30,000 micro combined heat and power (mCHP) installations of up to 2kW capacity will also be supported as a pilot programme.

The full text of the Regulations can be found here.

Further information on the Feed-in Tariff Scheme can be found on the Ofgem website here.

Information on the Microgeneration Certification Scheme can be found on the scheme’s website here.

You may also find information on MCS approved products and MSC approved installers by contacting the NICEIC by the following means:

     General Helpline: 0800 519 5190

     Fax: 01246 269 049

     Email: mcs@niceic.com

     Web: www.niceic.com

Changes to the Renewables Obligation

Who does this affect: Great Britain - Licensed electricity suppliers and renewable electricity generators
When does this take effect: 01 April 2010

The Renewables Obligation (RO), which requires licensed electricity suppliers to source a proportion of their electricity from renewable sources, has been amended. Under the RO, suppliers demonstrate compliance by presenting Renewable Obligation Certificates (ROC) which are issued to renewable electricity generators for their output.

In England and Wales, the Renewables Obligation (Amendment) Order 2010 has amended the Renewables Obligation Order 2009 to increase the end date of the RO by ten years to 2037, removed the 20% cap on the obligation, increased the headroom from 8% to 10% from 2011 and increased support for certain types of offshore wind generation.

The England and Wales Regulations also take into account the introduction of the Feed-in Tariff (FIT) Scheme (reported in this month’s InTouch) by removing all microgeneration technologies that are eligible for the FIT Scheme from the RO, while certain small generators will able to choose between the RO and the FIT.

In Northern Ireland the Renewables Obligation (Amendment) Order (Northern Ireland) 2010 has amended the Renewables Obligation Order (Northern Ireland) 2009 to make changes to the Northern Ireland Renewables Obligation (NIRO). Similar to the England and Wales Regulations, the Northern Ireland Regulations have increased the end date of the NIRO, in this instance by 6 years to 2033, removed the 20% cap and increased the headroom from 10% from 2011.

However, as the FIT Scheme is not applicable in Northern Ireland, the revised Regulations have also provided measures for increased support for small-scale generators by providing additional Renewable Obligation Certificates (NIROC) to new generating stations accredited from 1 April 2010.

As of writing the Renewables Obligation (Scotland) Amendment Order 2010, which contains similar amendments for Scotland as the England and Wales Regulations, is at draft awaiting approval by resolution from the Scottish Parliament.

The full text of the England and Wales Regulations can be found here.

The full text of the Northern Ireland Regulations can be found here.

New Ambient Air Quality Legislation

New legislation: The Air Quality Standards Regulations 2010
Who does this affect: England
When does this take effect: 11 June 2010

New legislation will be coming into force in the next few months to further improve air quality, reducing the impact of air pollution on the environment and human health.

The Air Quality Standards Regulations 2010, which implements two European Directives (Council Directive 2004/107/EC and Council Directive 2008/50/EC) in England, replaces existing legislation on ambient air quality (Air Quality Standards Regulations 2007) and introduces new measures for reducing concentrations of micro fine particles (PM_2.5) in addition to the measures for coarser particles (PM₁₀) and other air-borne pollutants already covered.

Under the Regulations, the Government is required to provide to the public on up-to-date information on concentrations of pollutants and measures taken and plans prepared to meet targets, and publish annual reports for pollutants covered.

The full text of the regulations can be found here.

Changes to Maximum Landfill Tax Credit

New legislation: Landfill Tax (Amendment) Regulations 2010
Who does this affect: UK - Landfill operators
When does this take effect: 01 April 2010

The maximum percentage of credit that landfill site operators may claim against their landfill tax liability during the contribution year has been amended from 6.0% to 5.5% by the Landfill Tax (Amendment) Regulations 2010.

The full text of the regulations can be found here.

Changes to Merchant Shipping Regulations

Who does this affect: United Kingdom ships

The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 has amended the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 to implement provisions concerning the sulphur content of marine fuels. The new Regulations come into force on 20 April 2010.

The amendments include provisions for: the control of sulphur oxide emissions, the maximum sulphur content of marine fuel used by passenger ships and the maximum content of marine fuel used by ships at berth and inland waterway vessels.

The Regulations also include minor amendments concerning:

• the definition of  “short voyage”;
• ships in ports and offshore terminals, and
• ships which are platforms and Arbitration.

These minor amendments have also been made to the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008 by the the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) (Amendment) Regulations 2010 which comes into force on 01 May 2010.

The full text of the Air Pollution from Ships Regulations can be found here.

The full text of the Prevention of Pollution by Sewage and Garbage from Ships Regulations can be found here.

Biocidal Products Transitional Provisions Extended

New legislation: The Biocidal Products (Amendment) Regulations 2010
Who does this affect: Great Britain - Manufacturers of biocidal products or active substances for use in biocidal products
When does this take effect: 06 April 2010

The Biocidal Products (Amendment) Regulations 2010 has extended the end date of the transitional provisions in the Biocidal Products Regulations 2001, from 14 May 2010 to 14 May 2014. The transitional provisions allow existing biocidal products to remain on the market in Great Britain (subject to existing national legislation) while the active substances contained in them are reviewed at European level for safety and efficacy.

The full text of the Regulations can be found here.

Regulations Remade for Control of Pollution from Silage, Slurry and Agricultural Fuel Oil

New legislation: The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010
Who does this affect: England - Agricultural sector
When does this take effect: 06 April 2010

The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010 have replaced the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991 to ensure enforceability in this area.

The 1991 Regulations, which were amended in 1997, were introduced to minimise the risk of water pollution from silage, slurry and agricultural fuel oils by setting minimum standards for the design, construction and maintenance of structures used to store these substances. However, the Regulations were not notified to the EU Technical Standards Committee as required by Technical Standards and Regulations Directive (Directive 98/34/EC).

The Regulations have been remade following the correct procedure; there has been no change to the requirements imposed by them.

The full text of the Regulations can be found here.

Enforcement of Environmental Damage Regulations Devolved in Scotland

New legislation: The Environmental Damage (Prevention and Remediation) (Amendment) Regulations 2010
Who does this affect: Scotland (offshore)
When does this take effect: 01 April 2010

The Environmental Damage (Prevention and Remediation) (Amendment) Regulations 2010 devolve the enforcement of the Environmental Damage (Prevention and Remediation) Regulations 2009 in the Scottish offshore region to the Scottish Ministers, except in relation to reserved matters.

The Secretary of State will retain responsibility for enforcing the 2009 Regulations relating to the prevention and remediation of environmental damage caused by oil, gas and carbon dioxide storage activities, and the prevention of environmental damage caused by marine transport activities.

The full text of the Regulations can be found here.

Revised Exempted Fireplaces and Authorised Fuels for Smoke Control Areas in England

Who does this affect: England - Operators of fireplaces within smoke control areas
When does this take effect: 06 April 2010

The list of classes of fireplaces exempted from the provisions of the Clean Air Act 1993 which prohibit emissions of smoke in smoke control areas in has been amended for England under the Smoke Control Areas (Exempted Fireplaces) (England) Order 2010  with several additional fireplaces being exempted.

In addition, one new type of fuel has been added to the list of fuels declared to be authorised fuels for use in smoke control areas by the Smoke Control Areas (Authorised Fuels) (England) (Amendment) Regulations 2010.

The full text of the Exempt Fireplaces Order may be found here.

The full text of the Authorised Fuels Regulations may be found here.

Habitats Regulations Consolidated

New legislation: The Conservation of Habitats and Species Regulations 2010
Who does this affect: England and Wales
When does this take effect: 08 March 2010

The Conservation of Habitats and Species Regulations 2010 has come into force. The new Regulations consolidate and replace the Conservation (Natural Habitats, &c.) Regulations 1994 which had seen 30 sets of amendments making them very difficult to follow. The new Regulations make no substantive changes to existing policies or procedures.

The full text of the Regulations can be found here.

Changes to Waste Management Liscensing Fees in Northern Ireland

New legislation: The Waste Management Licensing (Fees and Charges for Carriers and Exempt Activities) (Amendment) Regulations (Northern Ireland) 2010
Who does this affect: Northern Ireland - Organisations requiring registration as carriers of controlled waste or for carrying out activities exempted from the requirement to obtain a full waste management licence
When does this take effect: 26 April 2010

Waste management licensing fees and changes in Northern Ireland have been revised. The fees and charges prescribed in the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 and the Waste Management Licensing Regulations (Northern Ireland) 2003 have been increased by 5%.

The revision allows the Department of the Environment to recover its costs in relation to the processing of waste management exemptions and the registration of carriers of waste.

The full text of the Regulations can be found here.

Extractive Waste to Require Management Plans in Northern Ireland

New legislation: The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010
Who does this affect: Northern Ireland - Onshore mining operations involving the management of extractive waste
When does this take effect: 01 April 2010

Operators in the onshore extractive industry in Northern Ireland have had requirements place upon them by the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010 to manage extractive waste so as to prevent and reduce any adverse effects on the environment and human health.

From 01 April 2010 planning permission for mining operations involving the management of extractive waste shall require a waste management plan meeting the requirements of the regulations to be submitted to and approved by the Department of the Environment.

The full text of the Regulations can be found here.

Marine (Scotland) Act 2010

New legislation: Marine (Scotland) Act 2010
Who does this affect: Scotland - Organisations undertaking marine activities

The Marine (Scotland) Act 2010 provides the framework to introduce legislation to help ensure that the Scottish marine and coastal environments are clean, healthy and biologically diverse.

The Act makes numerous provisions including those for: marine plans, the licensing of marine activities, the protection of the marine areas and their wildlife and the regulation of sea fisheries.

One specific provision of the Act is for the creation of a streamlined marine licensing system involving the issue of a single license for all marine activities. When issuing a license consideration will be given to ensure the protection of the marine environment and human health.

The full text of the Act can be found here.

Changes to the Controls on Nitrates in Wales

New legislation: The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2010
Who does this affect: Wales - Agricultural sector
When does this take effect: 24 March 2010

The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2010 have amended the Nitrate Pollution Prevention (Wales) Regulations 2008 implementing Commission Decision 2009/431/EC granting a derogation pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources. They allow farmers who meet certain conditions to apply up to 250 kg of nitrogen per hectare per year. They also prescribe additional requirements which derogated farms must meet.

The full text of the Regulations can be found: here (English) / yma (Cymraeg).

Changes to Health and Safety Fees in Northern Ireland

New legislation: The Health and Safety (Fees) Regulations (Northern Ireland) 2010
Who does this affect: Northern Ireland
When does this take effect: 01 April 2010

New rules have been put in place in Northern Ireland to fix or determine the fees payable for applications made for:

• licences under the Petroleum (Consolidation) Act (Northern Ireland) 1929
• the transfer of a licence under the Petroleum (Transfer of Licences) Act (Northern Ireland)
• licences under the Control of Asbestos Regulations (Northern Ireland) 2007
• the re-assessment of whether to grant an application for an asbestos licence and for amendments to, and replacements of lost, asbestos licences;
• an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations (Northern Ireland) 1992
• and a notification or application under the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2001

The rules also fix fees to be paid in respect of medical examinations and surveillance by an employment medical adviser and also fixes or determines the fees payable work done by HSENI.

Typically the fees have either remained the same or have been increased in line with inflation.

The full text of the Regulations can be found here.

Contact Us