Jurisdiction: Northern Ireland

Commencement: 6^th June 2022

Amends: New Legislation
Mini Summary

Summary
This Act came into force on 6th June 2022 and applies to Northern Ireland only. It includes a net-zero target by 2050 as well as transitional greenhouse gas (GHG) emissions targets for 2030 and 2040. The Act also sets out a carbon budgeting framework, provisions for reporting against emissions targets and carbon budgets, and the appointment of a climate change commissioner.
Duties
There are no compliance duties for organisations under this Act, however, secondary legislation may be applicable.

Part 1 – Emissions targets and sectoral plans
Part 1 of the Act lists the GHG emissions targets, as outlined below.

• Net-zero emissions by 2050. (N.B. This target excludes methane emissions which only need to be reduced to 46% against the baseline by 2050.)
• A reduction of at least 48% in GHG emissions against the baseline by 2030.
• Lastly, a GHG emissions target for 2040 (to be confirmed within 24 months of this Act coming into force) that is in line with the 2050 target.

This part of the Act also contains some information on plans to meet the emissions targets for the following sectors (sectoral plans).

• Energy.
• Renewable electricity consumption – at least 80% of Northern Ireland’s electricity consumption must be from renewable sources by 2030.
• Infrastructure.
• Industrial processes
• Waste management – at least 70% of the waste in Northern Ireland needs to be recycled by 2030.
• Agriculture.
• Fisheries.
• Transport.
• Active travel.

Part 2 – Carbon budgets
Part 2 lays out the details on the setting of carbon budgets* by DAERA for each budgetary period** at levels consistent with meeting the emissions targets for 2030, 2040 and 2050.

*Carbon budget is a term used to refer to the maximum amount of carbon dioxide (CO2) emissions allowed over a period of time, to limit global warming to 1.5 degrees Celsius.

**The budgetary periods, for the purposes of this Act, are 2023 to 2027 and each period of 5 years after that.

DAERA must set the carbon budgets for the first 3 budgetary periods (2023 to 2027, 2028 to 2032, and 2033 to 2037) before the end of 2023, and at least 12 years before the start of the budgetary period for any subsequent budgetary periods, i.e. the carbon budget for the 4th budgetary period (2038 to 2042) needs to be set by 2026.

DAERA may also decide to transfer a part of the unused carbon budget back to the preceding budgetary period, or forward to the next budgetary period, as detailed in Section 28 (Carrying amounts from one budgetary period to another).

Part 3 – Reports and statements against targets and budgets
The proposals and policies for meeting the carbon budgets and emissions targets are set out in Part 3 of the Act. This part also includes ‘Just Transition’ clauses, including a ‘Just Transition Fund for Agriculture’*, to support the sectors through the changes brought by the Act, and to avoid causing them a disadvantage such as being unfairly penalised.

*The ‘Just Transition Fund for Agriculture’ is a fund inspired by the ‘Just Transition Fund‘ developed by the Scottish Government, designed to help the agricultural sector in Northern Ireland to contribute to the delivery of the climate action plans (more information on the fund is available in Section 31).

Part 4 – Reports by Committee on Climate Change
Part 4 provides details on the reports the Committee on Climate Change* must send to DAERA in relation to the progress made to meet the carbon budgets and the emissions targets.

*The Committee on Climate Change is an independent, non-governmental body established under Part 2 of the Climate Change Act 2008  to give advice to the Government on meeting the emissions targets, and to report on the progress of reducing GHG emissions.

Part 5 – Further oversight
This part establishes the Northern Ireland Climate Commissioner as an independent office to oversee and report on the operations of the Act, and states a commitment to developing a climate action plan within 2 years from the day the Act came into effect.

Part 6 – Supplementary
This provides some extra information in relation to the provisions of the Act such as duties to ensure targets are met and regulation-making powers.

Ask any Health and Safety professional what their biggest confusion is in relation to the reporting of accidents in the workplace and the majority will say ‘when an accident is reportable under RIDDOR or not’.

So, what type of accident must be reported under RIDDOR?

• Work related fatalities.
• Work related accidents causing certain specified injuries.
• Certain work-related illness.
• Injuries to non-workers.
• Certain dangerous occurrences.
• Gas incidents.

RIDDOR requires deaths and injuries to be reported only when:

• there has been an accident which caused the injury;
• the injury is of a type which is reportable; or
• the accident was work-related.

The term ‘work related’ at first appears straightforward, if the person is at work and suffers a reportable injury then surely it must be a RIDDOR… Right?

The HSE states that RIDDOR only requires you to report accidents if they are ‘work-related’, so let’s examine this term in more depth.

When deciding if the accident that led to the death or injury is work-related, the key issues to consider are whether the accident was related to:

• the way the work was organised, carried out or supervised;
• any machinery, plant, substances, or equipment used for work; and
• the condition of the site or premises where the accident happened.

If none of these factors are relevant to the incident, it is likely that a report will not be required. Having an accident at work does not automatically mean it is a RIDDOR. Therefore, to decide if an accident is reportable under RIDDOR the first question we need to be asking is if the accident relates to any of the above 3 factors.

The table below gives some examples of accidents that are, and are not, RIDDOR reportable (even though the injuries are the same in each scenario).

Our consultants see issues regarding waste at almost every site we carry out environmental legal compliance audits for. This is why we’ve prepared this article to help understand the differences between waste carriers, brokers and dealers.
WHAT IS A WASTE CARRIER, BROKER AND DEALER?

• Carrier – a person who collects or carries waste.

• Dealer – any person that buys waste with the aim of subsequently selling it (including where they don’t take physical possession of the waste).

• Broker – any person that arranges waste transportation and / or the management of waste on behalf of another party, e.g. local authorities contracting out waste services to another firm.

If you are any of the above, you must be registered with the relevant environmental regulator.

• England – Environment Agency (EA)
• Wales – Natural Resources Wales (NRW)
• Scotland – Scottish Environment Protection Agency (SEPA)
• Northern Ireland – Northern Ireland Environment Agency (NIEA)

WHO NEEDS TO REGISTER?
In England, Wales and Northern Ireland, there are 2 tiers of registration for carrying, brokering and dealing in waste – ‘lower tier’ and ‘upper tier’.

The same principles apply in Scotland, but there are no lower and upper tiers. Instead, if you carry, broker or deal in waste, you must register as either a ‘professional collector and transporter of waste’ or a ‘waste carrier’. A registration is only required if waste is carried as part of a business activity.

It is a legal requirement, and you will be committing an offence if you do not register and maintain that registration as required.

Lower Tier (England, Wales, Northern Ireland) / Professional Collector and Transporter of Waste (Scotland)

A person or business will need to register as a lower tier / a professional collector and transporter of waste if they:

• only carry waste they produced in the course of carrying out their own business, unless it is construction or demolition waste;
• only carry (carrier), arrange (broker) or deal (dealer) in:
  • animal by-products;
  • waste from mines and quarries; or
  • waste from agricultural premises;
• are a charity or voluntary organisation; or
• are a waste collection, disposal or regulation authority.

Lower tier carriers can also be known as ‘specified persons’.

It is free to register as lower tier and the registration does not expire.

Some examples of a lower tier waste carrier / a professional collector and transporter of waste include:

• a carpet fitter who takes away offcuts after fitting a carpet;
• businesses that collect confidential waste paper from multiple sites to be centralised and collected at their head office; and
• a solicitor taking waste paper to a paper merchant for recycling once a month.

Upper Tier (England, Wales, Northern Ireland) / Waste Carrier (Scotland)

A person or business will need to register as upper tier / a waste carrier if they:

• transport waste produced from other people or businesses;
• carry construction and demolition waste;
• arrange for waste from other businesses to be transported, recovered or disposed of (broker); or
• buys or sells waste, or uses an agent to do so (dealer).

There is a fee to register, and registration lasts for 3 years.

Examples of an upper-tier waste carrier / waste carrier include:

• a waste management company collecting waste from multiple businesses;
• a scrap metal dealer collecting metal from a business; and
• a plumber carrying waste pipework taken away from a job.

KEY LEGISLATION
England and Wales

Section 34 of Environmental Protection Act 1990  sets out a number of duties regarding waste, in particular how waste must be managed correctly by storing it correctly and only transferring it to an appropriately authorised person / business.

The Waste (England and Wales) Regulations 2011  sets out the requirement for carriers, brokers and dealers of controlled waste to be registered with the EA in England and NRW in Wales.

Scotland

Section 34 of Environmental Protection Act 1990  sets out a number of duties in relation to waste, in particular how waste must be managed correctly by storing it correctly and only transferring it to an appropriately authorised person / business.

The requirement to register as a carrier or broker of controlled waste is contained the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991.

Northern Ireland

The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999  introduce a system of registration for waste carriers.

The Waste (Northern Ireland) Regulations 2011  introduce a 2 tier system for waste carrier, broker and dealer registration. It also makes consequential amendments to several other pieces of legislation.
EXEMPTIONS
You do not need a waste carrier, broker or dealer registration if you:

• move waste between different places on your own site;
• are a householder carrying waste produced at home and not as the result of any business activity;
• are a ferry operator transporting waste-carrying vehicles;
• operate vessels, aircraft, hovercraft, marine structures, floating containers or vehicles that carry waste and have a marine licence or marine licence exemption;
• are a landowner removing fly-tipping from your land;
• only carry waste between different places within the same premises; or
• import waste into the UK, and the waste is landed in its final location (you will need to register to transport the waste anywhere by land, e.g. by train or lorry).

CROSS BORDER MOVEMENTS OF WASTE
For cross border transfers of waste in the UK, you only need to register once with one regulator for any movement of waste between England (EA), Wales (NRW) and Scotland (SEPA). For transport to and from Northern Ireland, you will need to register with the NIEA in addition to another regulator in the UK.
HOW CAN I CHECK AN APPROPRIATE REGISTRATION IS IN PLACE AND VALID?
Registrations can be viewed on the register of carriers, brokers and dealers for each regulator. Each regulator has a slightly different register for recording authorised carriers, brokers and dealers.

• Environment Agency register is an online register which allows you to search by the name of a business or their registration number. You are also able to search by upper and lower tier registrations.

• Natural Resources Wales register is a spreadsheet which lists all registered carriers, brokers and dealers. You can search this by filtering the relevant columns, search by clicking on the magnifying glass icon, or you can press CTRL+F on your keyboard and a search window will open.

• Scottish Environment Protection Agency register is an online table which allows you to search by registration number, business name or address/postcode. If you wish to confirm whether a registration is in place for a professional collector and transporter of waste, then you will need to contact the SEPA on 03000 99 66 99.

• Northern Ireland Environment Agency register is an online database. There is one for upper tier and one for lower tier registrations. You search by registration number, business name or postcode.

All businesses have a duty of care obligation to ensure that controlled waste is transported and disposed of legally and safely. Regularly checking the registrations of any waste contractors who collect waste or arrange for it to be collected from your premises helps to meet this obligation.

Formed in December 2019, Blackburn Festival of Light Street Band is a community-based group with the aim of providing new cultural experiences to the local community in Blackburn. With a mix of people aged 19-75, the group is open to everyone, regardless of background. Some chose to join the group to try and improve on a lack of confidence, whilst others have difficulties with mental health and low-self esteem. In its current form, the band includes people with visual impairment, people needing support with anxiety and their emotional well-being, and people wanting to rebuild their confidence following the pandemic.

One group member, Angela, explained how she joined the band because she suffered from anxiety and depression. By coming to the drum group every week, she has already felt an improvement in her mental health – a message that is replicated throughout the group.

Recently, the group became aware of a grant scheme run by our charity, Newground Together. The group swiftly applied and were soon excited to find out they had been accepted for a grant.

Through this grant, the group were able to fund a “Carnival Beats Project”, which enabled the group to work with a new leader. Through the new leader’s guidance, the band increased their skills in carnival samba music and rhythm, giving the participants a wider range of materials to use during practice and performances. This gave the band the confidence to perform at the Blackburn Festival of Making, where 19 participants performed in the town centre.

Sue Ridyard, a BFOL volunteer, said “There is overwhelming feedback from members about the support we give to individuals facing barriers to participation. In addition, the way we work allows total beginners to play alongside those with more musical experience, with everyone participating at a level which is appropriate to their musical and physical abilities. The funding has been vital to us – it has enabled us to offer a carnival project, teach new skills, and improve participation and confidence.”

As always, without your continued support, we would not be able to provide our parent charity with the funding they need to be able to do such great work. So once again, we take the opportunity to thank you for your business.

Are you fully compliant with the requirements of waste duty of care at your organisation? Or maybe you’re struggling to understand the requirements of the environmental aspects clause in ISO 14001:2015? Find out more about our training courses.

Are you fully compliant with the requirements of waste duty of care at your organisation? Could you benefit from assistance in making sure you understand all the requirements and how they apply to you?

We see issues regarding waste at almost every site we carry out environmental legal compliance audits for – whether it’s to do with the storage of waste or making sure all the relevant waste documentation is in place and correct. It’s also a topic we find ISO 14001 certification auditors love to dig into!

Our duty of care course looks at the detailed requirements of waste duty of care for those who produce waste at their organisation.

We’ve now added the following new dates:

Are you struggling to understand the requirements of the environmental aspects clause in ISO 14001:2015?

Created for anyone who needs to know more about environmental aspects, this course has been designed to take you through building an environmental aspects register for your organisation from start to finish. (Even if you already have a register, you will pick up some tips to improve and refresh your current register.)

We’ve now added the following new dates:

Jurisdiction: United Kingdom

Commencement: 22^nd July 2022

Amends: Energy Act 2013 (2013 c.32)
Mini Summary

Duties
Various duties apply.

Amendment
Technical changes are made to the Contracts for Difference (CFD) scheme*. Changes are made to The Contracts for Difference (Allocation) Regulations 2014  and The Electricity Market Reform (General) Regulations 2014  to reflect this.

*The CFD scheme is a private contract between low-carbon electricity generators and the Low Carbon Contracts Company (LCCC). It is the UK Government’s main mechanism for supporting low-carbon electricity generation.

The Contracts for Difference (Allocation) Regulations 2014  is amended to require floating offshore wind generating stations to provide a supply chain statement when applying for a CFD.

Regulation 11 (Providing supply chain statements or refusing applications) of The Electricity Market Reform (General) Regulations 2014  is updated to clarify that an approved plan is valid for 9 months.

Jurisdiction: Republic of Ireland

Commencement: 25^th August 2022

Amends: Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013
Mini Summary

Duties
Part II: Applications
These Regulations require an applicant, to publish a notice in a newspaper circulated in the district and display a site notice on the land or structure concerned before an application is made.

If the Agency thinks a notice published in a newspaper and/or displayed on site is misleading or inadequate, they shall require the applicant to publish or display further notices.

A notice is also required to be given to the planning authority under section 87(1)(a) of the EPA Act 1992 must:

• give the name and address of the applicant;
• state the location or postal address to which the application relates;
• specify the class or classes and nature of the integrated pollution control activity;
• where the application is required to be accompanied by an environmental impact statement:
  • state that such a statement will be submitted to the Agency with the application;
  • state that the environmental impact statement and any further information relating to the effects on the environment of the emissions from the activity which may be given to the Agency in the course of its consideration of the application, will be made available; and
  • indicate the name of the planning authority to which a copy of the environmental impact stamen has been submitted; and
  • state that a copy of the application for the licence may be inspected on the Agency’s website or obtained from the Agency.

An application must be submitted to the Agency. The application must contain the particulars outlined in Regulations 9. A summary of which is below:

• the name, address and telephone number of the applicant;
• the location and postal address of the premises;
• the name of the planning authority in whose functional area the activity is or will be carried out;
• in the case of a discharge of any trade effluent or other matter to a sewer, the name of the sanitary authority;
• in the case of an established activity, the number of employees and other persons working or engaged in connection with the activity on the date after which a licence is required and during normal levels of operation, or in any other case, the gross capital cost of the activity to which the application relates;
• if an application for permission for the development is currently under consideration by the planning authority concerned or An Bord Pleanala, a written confirmation of that fact with either a copy of the environmental impact statement or a letter stating an environmental impact statement is not required;
• if an application for permission for the development has been granted by the planning authority concerned or An Bord Pleanala, a copy of the grant of permission together with either a copy of the environmental impact statement or a letter stating an environmental impact statement is not required;
• specify the raw and ancillary materials, substances, preparations, fuels and energy which will be produced by or utilised in the activity;
• describe the plant, methods, processes, ancillary processes, abatement, recovery and treatment systems, and operating procedures for the activity;
• indicate how the requirements of section 83(5)(a)(i) to (v), (vii), and (viii) to (x) of the EPA Act 1992 will be met;
• give particulars of the source, nature, composition, temperature, volume, level, rate, method of treatment and location of emissions and the period or periods during which the emissions are, or will be made;
• identify monitoring and sampling points and outline proposals for monitoring emissions and the environmental consequences of any such emissions;
• provide details and an assessment of the impacts of any existing or proposed emission on the environment and detail the measures to prevent or eliminate these emissions;
• outline the main alternatives, if any, to the proposals contained in the application which were studied by the applicant;
• describe the condition of the site of the installation;
• specify the measures to be taken to comply with an environmental quality standard where such a standard requires stricter conditions to be attached to a licence than would otherwise be determined by reference to best available techniques;
• describe the measures to be taken for minimising pollution over long distances or in the territory of other states;
• describe the measures to be taken under abnormal operating conditions, including start-up, shutdown, leaks, malfunctions, breakdowns and momentary stoppages;
• describe the measures to be taken on and following the permanent cessation of the activity or part of the activity to avoid any risk of environmental pollution and to return the site of the activity to a satisfactory state;
• describe the arrangements for the prevention or minimisation of waste and, where waste is produced, the on and off-site arrangements for the recovery or disposal of solid and liquid wastes;
• specify the quantity and nature of the waste or wastes produced or to be produced;
• state whether the activity consists of, comprises, or is for the purposes of an establishment to which the European Communities (Control of Major Accident Hazards involving Dangerous Substances) Regulations 2006 apply;
• describe, in the case of an activity which gives rise, or could give rise, to an emission containing a hazardous substance which is discharged to an aquifier and is specified in Council Directive 80/68/EEC, the arrangements necessary to comply with the directive; and
• include a non-technical summary of information provided in relation to the matters specified in subparagraphs (c) and (f) to (u).

The application must also be accompanied by:

• a copy of the newsletter notice,
• a copy of the site notice
• a copy of the notice given to the planning authority under section 87(1)(a) of the EPA Act 1992,
• a copy of any plans, reports and supporting documentation; and
• the relevant fee.

The Agency may grant or refuse an application.

Part 3: Review of Licences
This part outlines the process for reviewing licences.

Part 4: Consideration of Applications or Reviews
This outlines the particulars that the Agency will consider for applications and reviews.

Part 5: Notifications and publications
Part 5 provides information on what the Agency must publish during the application process of a licence.

Part 6: Objections
Part 6 provides information on the form and content of objections to an application for a licence and the subsequent process to be followed.

Part 7: Register
The Agency is required to keep a register of each application for a licence and each notification given in writing to the licensee. The register must contain the particulars outlined in regulation 38.

Part 8: Miscellaneous
Part 8 contains additional information including offences and revocations.

Amendment
A small revision is made to the definition of ‘application for permission’ to include developments by state authorities, namely a Minister of the Government or the Commissioners.

Regulation 9 (Application for a licence) of the 2013 Regulations is also revised to ensure that an application for a licence submitted to Environmental Protection Agency (EPA) also contains a written confirmation from the planning authority or An Board Pleanála that an environmental impact assessment report was exempted from being required as per the Planning and Development Act 2000  if that is the case, in the following 2 scenarios.

1. When an application for permission for the development is currently under consideration by the planning authority concerned or An Bord Pleanála.
2. When an application for permission for the development has been granted by the planning authority concerned or An Bord Pleanála.

Jurisdiction: Scotland

Commencement: 1st^th December 2022

Amends:   Planning (Hazardous Substances) (Scotland) Act 1997 (c.10)
Mini Summary

Duties
Various duties apply.

Amendment
A transitional exemption is added for Section 21 (Offences). This means that an offence is not committed under this section and a hazardous contravention notice cannot be issued before 1st December 2023.

This exemption only applies to:

• substances stored on the premises between 30th November 2021 and 30th November 2022;
• substances where a hazardous substance consent was not required; and
• substances that do not exceed the established quantity*.

*Established quantity means the maximum quantity of substance that is approved.