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Jurisdiction: UK
Commencement: Immediately before IP completion day, the end of the implementation period of the UK leaving the EU.
Amends: Regulation (EC) 166/2006 on the establishment of a European Pollutant Release and Transfer Register
The European Pollutant Release and Transfer Register (E-PRTR) is established in the form of a publicly accessible electronic database, containing information on pollutant releases to air, water and land, etc. Operators of regulated industries must report their releases and transfers to the European Commission.
Updates are made to The Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 2018 to further amend Regulation (EC) No 166/2006 concerning the establishment of a European Pollutant Release and Transfer Register (‘PRTR Regulation’).
The EU has made amendments to the PRTR Regulation since the 2018 amendment was produced that need to be correctly implemented in the retained version of the Regulation to ensure it continues to operate effectively following the end of the Brexit implementation period; namely, Regulation (EU) 2019/1010 on the alignment of reporting obligations in the field of legislation related to the environment (see summary of amendment below) and Decision (EU) 2019/1741 establishing the format and frequency of data to be made available by the Member States for the purposes of reporting.
There are no changes to duties as a result of these additional amendments to the retained PRTR Regulation.
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Jurisdiction: Wales
Commencement: 1st March 2021
The Smoke-free Premises and Vehicles (Wales) Regulations 2020 prohibit smoking in certain premises, places and vehicles. Premises must be smoke free if they are open to the public or used as place of work.
These Regulations prohibit smoking in certain premises, places and vehicles. Premises must be smoke-free if they are open to the public or used as place of work. They also make requirements around ‘no smoking’ signs.
They are made in relation to the Public Health (Wales) Act 2017 (‘2017 Act’) which also sets out provisions around smoking and apply in Wales. These Regulations revoke and replace The Smoke Free Premises etc (Wales) Regulations 2007 (‘2007 Regulations‘) and come into force on 1st March 2021.
Some new elements from the 2007 Regulations around smoking are brought into force which are needed to implement the provisions on smoke-free hospital grounds, school grounds, and public playgrounds in the 2017 Act. This is to contribute to the continuing decline in the uptake of smoking by children and young people.
The definition of ‘smoking’ is set out in section 4 of the 2017 Act, which is smoking tobacco or anything which contains tobacco, or smoking any other substance. Smoking includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked.
The smoking ban established in 2007 banned smoking in almost all ‘enclosed and substantially enclosed’ public places, workplaces and work vehicles throughout Wales. These Regulations define ‘enclosed and substantially enclosed’.
Premises are enclosed if:
A vehicle, or part of a vehicle, is enclosed if:
Premises are substantially enclosed if:
Therefore, any building open to the public or used as a workplace, must be smoke-free if more than 50% of the building is enclosed.
Note that many employers permit smoking on site provided that it is restricted to designated smoking shelters. An appropriately designed smoking shelter is designed so that it is less than 50% is enclosed, therefore avoiding being defined as ‘substantially enclosed’ within the meaning of these Regulations.
Since the smoking ban was brought into force in 2007, exemptions have been in place for certain types of premises where smoking is allowed. The Regulations list types of premises that do not need to be smoke-free and some of these have been removed or updated from the 2007 Regulations:
Private accommodation
Private accommodation (i.e. dwellings / houses) is exempt from the requirement to be ‘smoke-free’ unless the dwelling is used as a place of work by somebody who doesn’t live there or members of the public might visit the dwelling for goods or services.
Holiday and temporary accommodation
Examples of this type of accommodation include static caravans, chalets, cottages, flats and apartments provided via short-term lets for holiday rental or temporary purposes. The 2007 Regulations allowed holiday and temporary accommodation to be exempt from the requirement to be smoke-free; however, from the 1st March 2022 this exemption is removed. This is because the smoking ban is embedded in Wales to the extent that the current exemption is not widely used. Removal of this exemption extends the workplace protection from the harm of second hand smoke to all workers in these premises.
Adult care homes and adult hospices
The 2007 Regulations provided an exemption for adult care homes and adult hospices that permitted the manager of the premises to designate a room for smoking for use by those over 18 years of age. This exemption has been retained in these Regulations but with the additional condition that the designated smoking room is only for use by residents of the adult care home or adult hospice.
Research and testing facilities
An exemption is in place for facilities undertaking research and testing relating to smoking. A designated room that does not have to be smoke-free can be designated as long as it is used for testing and research relating to:
Mental health units
The exemption that allows designation of a room in which patients and residents of mental health units may smoke is removed. The removal of this exemption applies 18 months from when these Regulations come into force, which is 1st September 2022.
Hotels, guesthouses, inns, hostels and members’ clubs
From 1st March 2022, the exemption that permits the designation of bedrooms where smoking is allowed in hotels, guesthouses, hostels, inns and members’ clubs is removed. This is because the smoking ban is embedded in Wales to the extent that the current exemption is not widely used. Removal of this exemption extends the workplace protection from the harm of second hand smoke to all workers in these premises.
Hospital grounds, school grounds and public playgrounds are required be smoke-free. Those involved in the control or management of these premises must take reasonable steps to stop anyone smoking. Smoking areas can be implemented at hospital grounds and grounds of a school that provides residential accommodation, and the conditions these areas must meet are:
Premises that must be smoke-free (premises which are workplaces or open to the public) must display at least one ‘no smoking’ sign. This sign must contain a legible graphic representation of a burning cigarette enclosed in a circle with a bar across the circle which crosses the cigarette symbol.
School grounds, hospital grounds and public playgrounds must also display ‘no smoking’ signs. The sign must contain a legible graphic representation of a burning cigarette enclosed in a circle with a bar across the circle which crosses the cigarette symbol and include appropriate warning text which is stated in regulation 14 in both English and Welsh. A sign must be displayed in a prominent position at the main entrance of school grounds, hospital grounds and public playgrounds within clearly marked boundaries. If there is more than one main entrance, a ‘no smoking’ sign must be displayed at each of them. For public playgrounds without clearly marked boundaries a sign must be displayed in a prominent position near the playground.
Vehicles that must be smoke-free are enclosed vehicles that are used wholly or mainly in the course of paid or voluntary work and used:
This applies to all vehicles, other than aircraft, ships or hovercraft.
When children are present in a vehicle, regardless of what it is being used for, it must be smoke-free.
Vehicles that are required to be smoke-free must have a ‘no smoking’ sign displayed. The sign must contain a legible graphic representation of a burning cigarette enclosed in a circle with a bar across the circle which crosses the cigarette symbol.
These Regulations designate the police as the enforcement authority in relation to the requirement for vehicles to be smoke-free when a child is present. Local authorities are enforcement authorities in relation to premises, places and vehicles in their areas. Fixed penalty notices can be issued for non-compliance. A fixed penalty notice must be in the form set out in Schedules 1 and 2, depending on the offence.
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Jurisdiction: England, Wales
Commencement: 2nd December 2020
Amends: The Planning Act 2008
The Planning Act 2008 intends to speed up the process for approving major new infrastructure projects such as airports, roads, harbours, energy facilities such as nuclear power and waste facilities. Parts 1 to 8 of the Act creates a new system of development consent for nationally significant infrastructure projects. The new system covers certain types of energy, transport, water, waste water and waste projects. The number of applications and permits required for such projects is being reduced, compared with the position under current legislation.
The 2008 Act sets out criteria for when infrastructure projects need to seek planning consent from the Secretary of State under the Nationally Significant Infrastructure Projects (NSIP) regime, as opposed to consent from the Local Planning Authority.
To support the move to net zero emissions by 2050, these Regulations remove electricity storage facilities*, except for pumped hydroelectric storage facilities, from the requirement to obtain planning consent in accordance with the NSIP regime under the 2008 Act. Instead, planning consent for these types of development is to be obtained from the relevant Local Planning Authority under the Town and Country Planning Act 1990. This will make it a simpler process for larger scale storage facilities to get planning permission.
*An ‘electricity storage facility’ is a type of energy storage power station that uses batteries to store generated electrical energy.
The NSIP regime is partly in place for projects where the benefits of infrastructure are national whilst the impacts are more local in nature. The exemption from the NSIP regime does not apply to pumped hydroelectric storage facilities due to the larger planning impacts of this technology.
Provisions are put in place by Article 5 for existing submitted and accepted applications to develop generating stations which contain an exempt electricity storage facility before this Order comes into force on 2nd December 2020. For these applications, the process continues as set out in the 2008 Act.
Article 6 puts provisions in place for development consent orders given for generating stations which contain an exempt electricity storage facility. The requirements of these development consent orders continue to apply and follow the process set out in the 2008 Act.
Provisions relating to applications to develop generating stations which contain an electricity storage facility that have been refused by the Secretary of State before this Order comes into force are set out in Article 7. The ability to challenge this refusal as set out in the 2008 Act continues to apply.
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Jurisdiction: UK
Commencement: 27th November 2020
Amends: The Heat Network (Metering and Billing) Regulations 2014
The Heat Network (Metering and Billing) Regulations 2014 (SI 2014/3120) as amended implement Articles 9-11 of EU Directive 2012/27/EU relating to the metering and billing of heat networks. They relate to Heat Suppliers who supply and charge for the supply of heating, cooling or hot water to a final customer through communal heating or a district heat network.
The period for heat suppliers to submit any updated notifications for district heat networks or communal heating is extended until 1st September 2022 and provides that the four-year period for submitting an updated notification is not affected by a change of heat supplier.
Building classes are modified to take account of cost and benefit considerations for specific types of housing and properties. The building classes defined in an inserted regulation 2A are the viable class, the open class and the exempt class. Heat suppliers must send a notification of the number of buildings in each class supplied by a district heat network or communal heating operated by them.
The cost-effectiveness methodology in Schedule 1 and the associated tool is updated to allow heat suppliers to more accurately reflect estimated savings and costs for their buildings.
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All our profits are donated to our charity, Newground Together, and we like to share how this money is changing the environment and communities around us.
Demie, 27, had been a full-time mum for the last eight years when she came to Newground Together looking for help. The charity runs a range of employment programmes designed to help people like Demie, who are furthest from the employment market, to lead active lives and improve their employment prospects.
She said: “For the last eight years I’ve just been seen as a mum and I wanted something more. I needed a sense of self and independence. I’ve always wanted to be a support worker, either working with people with mental health problems or children. It’s always been in the family as my mum was a care worker. I suffer from anxiety and am grateful to those who have helped me so now I want to give something back.”
Demie was allocated an Employment Advisor, Helen, who identified her ambition, along with barriers to overcome such as confidence, anxiety, childcare and transport.
Helen said: “To help her overcome her anxiety, I recommended that she face it head-on by exposing herself to a scenario where she couldn’t control things. We decided to try part-time, temporary work initially to see how she managed the extra stress and juggling childcare.”
Covid-19 had exacerbated Demie’s anxiety, causing her to clean up to 10 times a day. Helen recognised that her obsession for good hygiene could be transformed into a positive. After Helen helped to create a CV and guided her through the application process, Demie secured her first role as a cleaner in a health centre.
Helen kept in touch with Demie, remaining a consistent mentor. She noticed Demie’s anxiety easing and her confidence growing immensely, and she began to enjoy adult conversations.
“Demie told me she wanted a career , not a job and how she wanted more for her family,” said Helen. “I was so pleased to hear this and encouraged her to pursue her dream of working in the care industry. I helped her to find suitable permanent roles with more hours, and we completed the applications. She was looking forward and realising her potential after years of being out of work, at home with children.”
Demie was offered an interview at a nearby care home. Helen assisted again here, calming her nerves, practising interview techniques and helping choose a smart outfit. Demie impressed the care home so much that she was offered the job there and then.
Demie said: “I can’t wait to start my new role as a care assistant, which is heading in the right direction towards where I want to be. It’s only over the road from where I live so I don’t have to worry about transport and can easily pop back home if there is a problem with the kids, which has really helped with my anxiety.”
“Without a doubt, I wouldn’t be where I am without Helen’s help. She believed in me when I didn’t believe in myself.”
Helen said: “I couldn’t be more proud of her. I knew she could do this - she just needed encouragement and support. This is what our job is all about, taking those small steps, to encourage someone to believe in themselves, take a chance and get a better life.”
The Government continues to update guidance on how to do business from 1st January 2021 in the UK. This article highlights some of the new and updated guidance documents that relate to environmental management.
It’s expected that the transition period of the UK leaving the EU will end on 31st December 2020, a date that is fast approaching. This means that from 1st January 2021, the way the UK does business will change, and the UK Government has ramped up its production of guidance to help businesses to understand and prepare for these changes.
It’s important to note that although guidance should always be reviewed and considered, it is changes to legislation that will be what is legally binding, rather than what is set out in any guidance documents. There is currently lots of draft legislation sat waiting to be published by the Government and this is likely to support the changes detailed within the updated guidance.
As always, we will continue to keep you up to date with any changes to legislation when they are published via the monthly updates in your legal register.
There are some key areas of environmental law that will change as a result of Brexit; the published guidance helps you to understand what will change as well as what won’t.
Most changes to duties will relate to import or export of items from the UK. For most businesses, the changes will be to the process of how duties are met, rather than the duty itself.
It’s important that you consider if your business will be affected and if you will need to follow any new or different processes from 1st January 2021.
Below are links to some key guidance documents that have been recently published or updated. This is not an extensive list; therefore, you should still follow the Government’s recommendation to complete the Brexit questionnaire for a list of changes tailored to your business:
Organisations have certain legal responsibilities if they sell electrical and electronic equipment (EEE) to provide free take-back services of old equipment.
The requirements around take-back services are set out in The Waste Electrical and Electronic Equipment Regulations 2013 (‘The WEEE Regulations’) and customers must be provided with a way to dispose of their old household electrical and electronic equipment when they purchase a new version of the same item. This applies regardless of how products are bought such as directly in a shop or by Internet, mail order or telephone.
There is an alternative to providing an in-store take-back service available to organisations; to join the Distributor Take-back Scheme (DTS). Being part of this scheme allows members an exemption from offering a free take-back service as members pay a fee that goes towards supporting recycling centres run by local authorities. The amount paid depends on the size of the business, whether the equipment is only sold online and how much EEE is sold.
The DTS operates in phases and is reviewed by the Department for Environment, Food and Rural Affairs (Defra):
This means large retailers can only join the DTS for the first year of the fifth phase and they are then required to provide in-store take-back facilities from January 2021. Note this requirement does not apply to online-only retailers.
As the end of 2020 draws closer and this update in take-back requirements looms, what is the reason for this change?
The UK has WEEE collection targets that have not been achieved for the last three years. These targets are set out in the WEEE Regulations and come from the EU WEEE Directive. Data published by the Environment Agency shows that in the 2019 calendar year, 494,976 tonnes of household WEEE was collected, which was 55,156 tonnes below the overall UK collection target of 550,132 tonnes.
In order to try to meet future collection targets, changes were needed and the key to improving collection rates is to make it more convenient for consumers to recycle their waste electricals:
By requiring large retailers to offer take-back services rather than having the option to pay the fee for the DTS it is hoped these facilities will support more people to recycle their items.
Another key part of helping to improve recycling rates of EEE is more information for consumers. In early 2020 a ‘Recycle Your Electricals’ campaign was launched to encourage and support more people to reuse and recycle their old electricals. This campaign has been financed by producers of EEE.
However, there are concerns that as the DTS is still open for online-only retailers these organisations are not currently having to take full responsibility to facilitate the recycling of old electrical equipment. As online retail continues to grow, this is certainly an area that Defra need to consider.
So if you are purchasing electrical equipment don’t forget to make use of the recycling facilities for your old item and help increase the recycling rates for WEEE.
All our profits are donated to our charity, Newground Together, and we like to share how this money is changing the environment and communities around us.
Demand for fresh produce from High Riggs Market Garden, part of Freeman College a Special Educational Needs and Disabilities (SEND) college in Sheffield, has trebled since the pandemic started.
In addition to serving the college’s students, care and support workers, staff and community volunteers, High Riggs supplies fruit, vegetables, eggs, preserves and fresh-cut flowers to its award-winning public café Fusion, over 70 homes in the community, wholesalers and independent local businesses.
Not only is the booming trade giving the students, who struggle with cognitive disorders such as Autism and ADHD, a routine but it has kept the staff in the café in work. They are working on the land and sowing food while the café is shut.
And thanks to Newground Together the market garden now has improved WC facilities improving the experience of those using the space.
Fundraiser Bethan Davies said:
“People struggling with neurodiversity often have to battle with a multitude of daily stresses triggered by their environment, the subtlety of which many of us take for granted. Despite being functional and meeting all legal requirements, the semi-permanent outdoor chemical toilets were a real barrier to learning for our students, who already face many cognitive obstacles to education.”
The semi-permanent toilets have been replaced with permanent indoor toilets, including a disabled toilet. The new ecological toilets are more in keeping with the biodynamic garden.
With their bright colours, overpowering smell of chemicals and confined space, the toilets were a trigger for many students’ sensory sensitivities. A survey revealed that over 70% of students and staff avoided using the toilets. As a result, nearly three-quarters visited the site less often than they would have liked and over three-quarters spent less time on the site than they would have liked.
High Riggs already hosts Stannington Gardening Club and the Sheffield Organic Growers and Biodynamic Association but the improved public conveniences will enable the college to further engage with the surrounding community.
A representative for Newground Together, explains:
“High Riggs is an oasis of tranquillity and an escape from the urban jungle of Sheffield. It is not only of great educational and holistic importance for the students but also the wider community. The new facilities will enable the site to host more local gardening and agriculture groups and interactive open days and encourage more volunteers and biodynamic trainees. This in turn will allow students to participate socially in ways they had never previously imagined possible.”
The college, run by Ruskin Mill Trust, delivers an innovative learning programme called Practical Skills and Therapeutic Education for students, who come from as far as Barnsley and Rotherham.
Bethan Davies added:
“Our ethos is growing the land and growing people. With green woodwork and metal forging workshops, 35 hens and a flourishing vegetable supply scheme, this site allows students to learn about crafts, the environment, nutrition, agriculture, biology, animal care and social enterprise.”
Jurisdiction: UK
Commencement: 1st February 2021
Amends: The Road Vehicles (Construction and Use) Regulations 1986
The Road Vehicles (Construction and Use) Regulations 1986 aim to ensure that vehicles are made to high standards, to ensure that such standards are maintained while in use and that they are roadworthy. The Regulations state that it is an offence to use a road vehicle if it is emitting smoke, visible vapour, grit, sparks, ashes, cinders or oily substances in such a way as is likely to cause damage to property or injure any person.
The 1986 Regulations are amended to ban the use of tyres aged 10-years and older on the front axles of certain vehicles, such as heavy goods vehicles, buses and coaches.
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Jurisdiction: England
Commencement: Regulations 5 and 11 – 7th October 2020. The rest of the Regulations come into force 1st May 2021
The supply of bituminous coal and wet wood as solid fuels for use in domestic premises is phased out. Smoke emission limits for manufactured solid fuels are introduced. There are duties for anyone supplying these fuels for use in domestic premises.
These Regulations restrict the supply of some solid fuels with the aim of improving air quality. In particular, they aim to reduce the PM2.5 emissions which are tiny particles in smoke that can cause long term health problems for humans. Domestic burning of wood and coal is a major source of these emissions, therefore the following steps are taken in this legislation:
This only applies to fuel supplied for combustion in domestic premises.
Unless otherwise stated in the duties section, these Regulations apply from 1st May 2021.
At least one approved wood certification body will be appointed by the Secretary of State for this legislation. This body has not yet been appointed.
Wood certification bodies must test samples of wood they receive accompanying an application in line with standards ISO 18134-1 or ISO 18134-2, referred to in the firewood fuel specification BS EN ISO 17225-5.
Certificates should be issued where the test finds the wood’s moisture content is less than the prohibited level.
At least one approved manufactured solid fuel certification body will be appointed by the Secretary of State for this legislation. This body has not yet been appointed.
Manufactured solid fuel certification bodies must determine if the analyst met the required standards when determining if the fuel did not have any of the prohibited characteristics and if so, issue a certificate for the fuel.
The standards that must be used are:
Where the duties refer to the logo in Schedule 1, this is the ‘ready to burn’ logo as follows.
Supply of volumes less than 2 cubic metres
Anyone supplying wood in volumes of less than 2 cubic metres for combustion in a domestic premises must:
*Authorised wood is wood for which a certificate has been issued by an approved wood certification body.
Small foresters that only supply less than 600 cubic metres of wood in the one year period ending 30th April 2021 are not required to comply with this until 1st May 2022.
Obtaining certification
The first person in the chain of supply that intends to supply wood in volumes of less than 2 cubic metres for combustion in a domestic premises must apply for a certificate to an approved wood certification body. The application must include a sample of the wood.
The sample of wood must have the same characteristics as the unit of wood to which it relates.
Supply of volumes more than 2 cubic meters
Anyone supplying wood in volumes 2 cubic metres or more, comprising of one or more pieces of wood, for combustion in a domestic premises must ensure the wood is accompanied by a notice with the words in Schedule 2 as follows:
“This wood is not suitable for burning until it has been dried. You should not burn wood until it has a moisture content of 20% or less.
Wet wood contains moisture which creates smoke and harmful particulates when burnt. As well as being harmful to your health and the environment, this can damage your stove and chimney and is an inefficient way to heat your home. Dry it in a sunny, well-aired space for at least two years, keeping rain off in the winter.
Radial cracks and bark that comes off easily suggests wood that is ready for burning. Test the wood when you think it is ready for burning, ideally with a moisture meter. First calibrate the meter and then measure a freshly split surface to get the best reading.”
Manufactured solid fuel is a fuel manufactured from coal, wood, plant-derived materials, waxes or petroleum products with other ingredients, for the purposes of combustion in domestic premises.
Manufactured solid fuel must not be supplied unless it in on the authorised list. The Secretary of State is required to make this list but one is not yet available.
A supply of manufactured solid fuel must be accompanied by:
Obtaining certification
Manufacturers of manufactured solid fuels that intend to supply such fuels in England must obtain a certificate from an approved manufactured solid fuel certification body. The application must be accompanied by analytical results showing that the fuel does not have the prohibited characteristics.
Prohibited characteristics are:
Smoke control areas
Manufactured solid fuels that are on the list of fuels allowed to be burned in smoke control areas under Part 3 of the Clean Air Act 1993 on 1st May 2021 will continue to be allowed for use as long as they remain on that list. Manufacturers of such fuels may use the logo the ‘ready to burn’ logo in Schedule 1 when supplying such fuels.
This section applies to bituminous coal, which is coal falling within CN code 2701 12 that is placed on the market for combustion in domestic premises. It does not apply to bituminous coal extracted in accordance with the Dean Forest (Mines) Act 1838 or the Dean Forest Act 1861.
Bituminous coal must not be sold regardles of being pre-packed or loose. An exemption is allowed for loose coal supplied directly to a consumer by a member of the Approved Coal Merchant Scheme until 30th April 2023.
These Regulations are enforced by local authorities. Noncompliance may lead to fines and prosecution.
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