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Jurisdiction: England
Commencement: 31st December 2023
Amends: The Controlled Waste (England & Wales) Regulations 2012
The Controlled Waste (England & Wales) Regulations 2012 revoke and replace The Controlled Waste Regulations 1992.
They classify waste as household, industrial or commercial waste and also list the types of wastes for which local authorities may make a charge for collection and disposal. All controlled wastes are covered by a duty of care.
The main impact of these Regulations is that local authorities, acting as waste collection authorities, are now able to charge for the disposal of waste arising from a wider range of non-domestic premises than allowed under the 1992 Regulations.
Defra concluded that the 1992 Regulations undermined efforts to reduce waste and increase recycling. Exemptions from disposal charging extended to private institutions and some businesses. Most wastes from industry and commerce, including materials that are destined for recycling, are to be treated as controlled waste. The main exemptions are wastes from agricultural premises, mines, quarries and radioactive wastes, which are regulated under other statutory regimes.
“Household waste” that can now incur collection and disposal charges include litter, waste from residential homes, waste from nursing homes, waste from some premises forming part of a hospital or nursing home and waste from penal institutions. Collection charges can be made for garden waste, dead pets and waste from charity shops originating from domestic properties. See the tables in Schedule 1 of the Regulations for full details.
The producer of the waste must identify controlled waste and, as such, should treat it in compliance with all relevant Regulations regarding waste.
The 2012 Regulations may impose additional requirements and costs on those types of businesses, charities or organisations which had under the previous 1992 Regulations had their waste disposed of free of charge by their local authority. However there are still exemptions available for charity shops (no “disposal charge” if the waste originated from domestic property), reuse organisations, firms eligible for free waste disposal and entitled to Small Business Rate Relief, and premises used for public meetings.
Waste from construction and demolition works is classified as household waste where:
Schedule 1 is amended accordingly.
This amendment has no direct relevance to environmental matters.
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Jurisdiction: Scotland
Commencement: 1st January 2024
Amends: The Producer Responsibility Obligations (Packaging Waste) Regulations 2007
Various duties apply.
Producers of packaging must recover and recycle packaging waste in accordance with Schedule 2 (Recycling obligations) of the 2007 Regulations.
The recovery and recycling target for 2024 is updated. Producers must now recover and recycle 80% of packaging waste.
Producers must also meet material-specific recycling targets. The 2024 specific-recycling targets are:
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Jurisdiction: England & Wales
Commencement: 1st October 2024
Amends: The Environmental Permitting (England and Wales) Regulations 2016
The Environmental Permitting (England and Wales) Regulations 2016 replace the Environmental Permitting (England and Wales) Regulations 2010 and were written to consolidate the high number of amendments made to the previous Environmental Permitting (England and Wales) Regulations 2010. The duties remain largely the same.
These Regulations cover:
There are many different types of facility or activity which require a permit, including ‘installations’, waste operations, certain types of mobile plant, surface water and ground water activities, flood risk activities, solvent emission activities, and radioactive substances activities.
Applications for environmental permits may be granted by the regulator (Environment Agency or Natural Resources Wales) to allow a person to operate a regulated facility.
N.b. any existing enforcement notices, applications for a permit, applications to transfer a permit, etc. made under the 2010 Environmental Permitting Regulations continue to have effect but are now treated as having been made under these Regulations.
Various duties apply.
This amendment aims to improve the quantity and quality of waste data, especially packaging data, obtained from materials facilities* (MFs). This data will be used in the implementation of the Extended Producer Responsibility for Packaging (EPR) scheme.
*Materials facility refers to a facility that receives waste material and separates it or consolidates it.
Changes are made to Part 2 of Schedule 9. The changes relate to measurement and reporting requirements for MFs and will come into force on 1st October 2024.
Part 2 of Schedule 9 required operators of MFs to:
*Mixed waste material means waste material of 2 or more types.
Key changes
Extended scope
Operators of MFs must notify the regulator in writing if they receive 1,000 tonnes or more of any waste material.
Waste transfer stations and bulking stations* must now collect and report data.
*Bulking stations are facilities that consolidate waste for the purpose of selling it or transferring it to other facilities for re-use or recycling.
Card and fibre-based composite materials* are now classed as waste materials for the purpose of the Environmental Permitting (England and Wales) Regulations 2016.
*Fibre-based composite material means packaging material which is made of paperboard or paper fibres, laminated with plastic.
Changes to sampling requirements
Operators of MFs must now take a sample for every 75 tonnes (changed from 125 tonnes) of waste material they receive from a supplier (input sample). The average weight per sample must be 60 kg or more and each individual sample must weigh at least 55 kg.
Operators must classify waste samples as glass, paper, card, plastic bottles, plastic pots, tubs and trays, film or other flexible plastic, other plastics, fibre-based composites, aluminium, or steel.
Recording and reporting
MFs must now report raw data rather than averages.
For information recorded after 1st October 2024, MFS must retain records for 7 years (increased from 4 years).
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Jurisdiction: Great Britain
Commencement: This Act comes into force on 26th November 2023 but will only apply from 26th November 2024
Amends: The Equality Act 2010 (ch.15) and associated orders
The Equality Act 2010 is the primary legislation in England, Wales and Scotland concerning equality and non-discrimination. The Act has two main purposes – to harmonise discrimination law and to strengthen the law to support the progress of equality.
The Act repeals, revokes and consolidated many previous Acts and regulations, including:
The Act creates defined “protected characteristics”, against which there are various duties not to discriminate. The protected characteristics are:
Note that the Equality Act has only very limited application in Northern Ireland – primarily in relation to off-shore work. Note that the Disability Discrimination Act 1995 is still the primary disability discrimination legislation in Northern Ireland.
Various duties apply.
This Act comes into force on 26th November 2023 but will only apply from 26th November 2024. It amends the Equality Act 2010 and extends to Great Britain.
Employer duty to prevent sexual harassment of employees
Employers must take reasonable steps to prevent sexual harassment of employees during their employment.
Compensation uplift
Sexual harassment is outside the jurisdiction of an employment tribunal. However, in employee harassment cases, the tribunal can determine an employer`s failure under Section 40A(1) and apply a compensation uplift. The compensation uplift must reflect the extent of the failure, but cannot be more than 25% of the amount initially awarded for the harassment claim.
The Equality Act 2006 is consequently amended.
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Jurisdiction: England
Commencement: 4th April 2024
Amends: New Legislation
The Building (Restricted Activities and Functions) (England) Regulations 2023 apply in England only. They aim toimprove building safety requirements introduced through The Building Safety Act 2022.
From 6th April 2024, registered building inspectors* must approve, or undertake certain activities and functions managed by local authorities, the Building Safety Regulator (BSR) and registered building control approvers.
*Registered building inspectors are building inspectors that are registered under The Building Safety Act 2022.
Duties only apply to regulators of building work.
Local authorities, the BSR and registered building control approvers must get approval from, or utilise registered building inspectors for restricted activities* and functions defined under these Regulations.
*A restricted activity is an activity that may only be carried out following consultation with a registered building inspector.
Restricted activities and functions for local authorities and the Building Safety Regulator include:
N.B. The BSR is the regulating body for all building work involving higher-risk buildings (HRBs)*. Local authorities regulate other building work.
*HRBs in England are defined as those with 2 or more residential units and a height of 18 metres, or 7 storeys
Restricted activities and functions for registered building control approvers include:
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Jurisdiction: United Kingdom
Commencement: 24th October 2023
Amends: Countryside and Rights of Way Act 2000
Various duties apply.
The following sections have been brought into force in England.
These terminate public rights of way over highways.
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Jurisdiction: Wales
Commencement: 31st October 2023
Amends: The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021
They apply to all farm businesses in Wales. Anyone who is the owner or occupier (e.g. tenants, graziers) of an agricultural land holding (regardless of its size) is responsible for complying with these Regulations.
Provisions are included around the following:
Natural Resources Wales (NRW) is responsible for enforcing these Regulations.
Revocations
Previously, water quality was protected by preventing nitrates from agricultural sources polluting ground and surface waters via Nitrate Vulnerable Zones (NVZs)* that were in place and these Regulations revoke and replace The Nitrate Pollution Prevention (Wales) Regulations 2013, which means the existing NVZ designations are no longer applicable.
These Regulations also revoke and replace The Water Resources (Control of Pollution) (Silage and Slurry)(Wales) Regulations 2010 as these Regulations now set the requirements for silage making, storage of silage effluent and for slurry storage systems. The Regulations are revoked in how they apply to farms situated in a NVZ from 1st April 2021 and fully for all other farms from 1st April 2024.
*Nitrate Vulnerable Zones (NVZs) are areas within Wales that contain surface water or groundwater that is susceptible to nitrate pollution from agricultural activities. A map of these areas can be found here. Note that these Regulations have now replaced NVZs.
Transition period
Requirements are being phased in for farms not previously located in a NVZ over three years, with certain requirements applying from 1st January 2023, 31st October 2023 and 1st April 2024:
All other parts of the Regulations applied from 1st April 2021. More information can be found in the duties section below. For farms that were previously located in a NVZ, they needed to be compliant with the Regulations on 1st April 2021 (the date they come into force).
Various duties apply.
Delays to the transition period
The introduction of regulations 4 and 36, which were due to come into force on 31st October 2023, have been delayed. They will now come into force on 1st January 2024. These regulations cover nitrogen limits for livestock manure and the records relating to nitrogen produced by animals.
Changes to the application of livestock manure
The annual 170kg limit on manure use for holdings not previously located within a Nitrate Vulnerable Zone* (NVZ) now starts on 1st January of each year, bringing it in line with holdings previously situated within an NVZ (regulation 4).
*Nitrate Vulnerable Zones (NVZs) are areas within Wales that contain surface water or groundwater that is susceptible to nitrate pollution from agricultural activities. A map of these areas can be found here.
Changes to calculations and records
The date on which occupiers of holdings not previously situated within an NVZ must start making a record of nitrogen produced by animals on their holding has been pushed back to 30th April 2025 and then 30th April for each subsequent year.
The time frame for which records of nitrogen produced by animals on a holding must be recorded has been changed. These time periods now begin on 1st January of each year.
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| Although accurate at the time of writing, the activities described in the article are now covered by the new Regulatory Position Statement: Storing and treating hazardous waste wood: RPS 291. Please check to ensure your activities are still covered. |
Changes to the classification of 10 waste wood items has occurred from 1st September 2023 in the UK. The new classification of these products as hazardous and potentially hazardous waste will affect both producers of waste wood and recyclers.
Waste wood from demolition and refurbishment activities: Regulatory Position Statement 250
RPS 250 was withdrawn on 31st August 2023. The RPS allowed for operators with an existing environmental permit to:
Due to the potential impact to human health and the environment of processing and recycling potentially hazardous material, the Government have decided to remove this RPS.
The following ten wood items from buildings constructed before 2007 are now classified as hazardous waste.
Hazardous wood waste
If your organisation handles any of the 10 types of wood from pre-2007 buildings, they must be treated as hazardous waste when arranging recovery and disposal. An exemption to this is if the wood has undergone testing and is found to be non-hazardous.
Recycling and processing centres will now be required to have the correct licenses before accepting hazardous waste wood. There is a duty on organisations to check that the facility has the correct processes in place to accept their consignment.
The wood is now required to be moved using a consignment note (as is all hazardous waste) and one of the following EWC codes depending on which is applicable.
All consignment notes must be retained by an organisation for 3 years.
The implementation of Biodiversity Net Gain (BNG), which was initially set to commence in November 2023, has been delayed by the Government until January 2024.
BNG was introduced by the Environment Act 2021 as a strategy to develop land and contribute to the recovery of nature. This means developers must deliver a net positive effect for the local environment, for example by creating new habitats and green spaces.
It aims to ensure the habitat for wildlife is in a better state than it was before development. To receive planning permission, most developments in England will need to achieve a minimum 10% BNG, measured in biodiversity units using the Statutory biodiversity metric tool.
BNG will apply to land managers, developers, and local planning authorities.
Land managers
Land managers can generate and sell biodiversity units, which can then be allocated to developments. This can be done by creating new habitats or enhancing existing habitats.
To get an idea of what habitat could be created or enhanced on their land, land managers can check the local nature recovery strategy (LNRS) or ask the local planning authority for additional guidance.
Land managers also need to calculate the biodiversity units on their site. Using a qualified ecologist is recommended for this task.
The next step is to secure the land by a legal agreement, which will require a commitment to manage the habitat for at least 30 years.
When BNG becomes mandatory, land managers will also need to register their land as a biodiversity gain site.
Finally, the land manager will need to price their biodiversity units, which they can then sell:
Developers
To achieve the 10% Biodiversity Net Gain, developers can:
In some instances, a combination of these options can be used, subject to approval.
Local planning authority
Local planning authorities must approve development work plans for BNG. Approval is required before BNG work can start.
From January 2024, developers in England will be required to deliver 10% BNG when building new housing, industrial or commercial developments.
For small sites, BNG will apply from April 2024, and for Nationally Significant Infrastructure Projects from 2025.
As a not-for-profit business, 100% of our profits are donated to our parent charity, Newground Together. This month, we look at Charlotte’s Story, who, after enrolling in our charities mentoring program, was able to return to school.
Charlotte and her mother had recently moved to Calderdale, an area which is covered by our charity, after fleeing domestic violence. Charlotte’s family were already being supported by our charity when our team became aware that Charlotte was struggling with her social anxiety. Having not attended school for 2 years, she was isolated and never left the family home. Charlotte’s mum and Family Support Worker stressed the importance of her establishing a positive relationship with a trusted adult. Everyone agreed that having a youth worker to help Charlotte address her concerns and anxieties would be beneficial.
During the initial discussion, Charlotte’s mum expressed significant concern about her daughter’s social anxiety, fearing that Charlotte might be unwilling to leave her room to talk to us. We reassured her that we wouldn’t compel Charlotte to do anything she wasn’t comfortable with and assured her that we would make efforts to facilitate a smooth transition into the support. Fortunately, after meeting Amii Norcliffe, NGT Senior Sustainable Communities Officer, Charlotte was receptive to receiving the assistance.
Charlotte rejected having any anxieties or concerns, explaining that she had no desire to make new friends. She mentioned that she preferred spending time in her bedroom and was reluctant to go back to school because it felt too large for her.
After spending some time with Amii, Charlotte acknowledged the significance of attending school and expressed a willingness to consider a smaller educational environment. Simultaneously, she agreed to venture out of the house to enroll in the NGT Engage Mentoring program at our facility in Pellon, Halifax. Charlotte shared her interest in developing life skills, such as cooking and maintaining a healthy diet, and expressed a desire to have someone to talk to about her feelings.
After some one-on-one sessions with Amii at the Hub at Pellon and ‘Walk & Talks’ in the community, Charlotte’s confidence soon started building up both at school and when meeting new people, whilst Charlotte found this challenging at the time and was visibly anxious about it all, we took things at her pace to ensure she felt safe & supported.
We worked closely with Charlotte to suss out her worries and anxieties, explore positive coping techniques, and encourage her to spend time outside the home. Amii tapped into Charlotte’s passion for cooking to develop practical life skills, including financial know-how, budgeting, and planning. This process also involved Charlotte’s first trip to the supermarket to pick up ingredients.
Amii said:
“Charlotte has grown in confidence since she started working with us and is now like a different person. Charlotte is getting an education, has made new friends and is thinking about her future in a positive way. I am so happy that me and the NGT Youth Team have been able to make a difference to a young person’s life.”
Charlotte’s mum said:
“Charlotte has successfully returned to school for the first time in 2 years and is getting the education she needs. She has been able to open up about her feelings, leave the house and develop more positive coping techniques. Charlotte has even made a new friend who lives local to her who she can meet up with outside of school! I am so proud of her, and we couldn’t have done it without the support of Amii and everyone at the Hub at Pellon. I am now getting my life back on track, too, and trying to focus on more family time and improve my mental health. Thank you, Newground Together, for giving me my daughter back!”
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