Jurisdiction: England & Wales

Commencement: 24^th June 2024

Amends: The Energy Performance of Buildings (England and Wales) Regulations 2012
Mini Summary

Duties
Various duties apply and are available to view on The Legislation Update Service.

Jurisdiction: Great Britain

Commencement: 31^st May 2024 & 9^th November 2024

Amends: Assimilated Regulation 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 as regards protective measures against pests of plants
Mini Summary

Duties
Various duties apply and are available to view on The Legislation Update Service.

Currently waste authorities and waste collectors across England must collect at least 2 types of recyclable household waste (or similar) separately to general waste from domestic premises, relevant non-domestic premises (residential homes, educational premises, hospitals and nursing homes) and business premises.

The Separation of Waste (England) Regulations 2024 extends this requirement to additional relevant non-domestic premises, and provides specific descriptions for the six types of recyclable waste (known as recyclable waste streams) in Schedule 1. The 6 recyclable waste streams are:

• glass;
• metal;
• plastic;
• paper and card;
• food waste; and
• garden waste.

The Regulations also support the transition to new rules starting in 2025 which will require the separate collection of recyclable waste streams from domestic, relevant non-domestic and business premises. The new rules will ensure that all councils and waste collectors across England are collecting recyclable waste consistently.
Extended rules
From 30^th June 2024 additional types of premises are added to the list of relevant non-domestic premises, from which 2 types of recyclable household waste must be collected from. The five types of premises added are:

• places of worship;
• penal institutions;
• charity shops selling goods donated from domestic premises;
• hostels housing people with no other permanent address; and
• premises used mainly or solely for public meetings.

Future rules
The new rules coming into effect in 2025 and 2026 will require every waste authority and collector in England to ensure that all relevant recyclable waste streams are collected separately from general waste from domestic, relevant non-domestic and business premises.

There are also requirements to keep certain recyclable waste streams separate from others.

• Glass, metal, plastic and paper and card waste streams may be collected together, or separately from each other, but must be separate from general waste, food waste and garden waste.
• Food and garden waste streams may be collected together, or separately from each other, but must be separate from general waste and any other type of recyclable waste.

N.B. The requirement to collect garden waste does not apply to waste collections from business premises or relevant non-domestic premises.

From 31^st March 2025 these rules will apply to collections of:

• household waste from relevant non-domestic premises; and
• industrial and commercial waste from business premises.

From 31^st March 2026 these rules will apply to collections of:

• household waste from domestic properties.

N.B. Some councils have extended deadlines to implement the new rules, these are listed in the Schedule of The Environment Act 2021 (Commencement No. 9 and Transitional Provisions) Regulations 2024.
Background
The overhaul of recycling requirements in England is being implemented through a number of amendments to laws which have been published in advance, so that waste authorities, collectors, organisations and individuals can prepare for the changes.

The wider current duties for waste authorities and collectors under Regulation 13 of The Waste (England and Wales) Regulations 2011 continue to apply alongside the old section 45A of the Environmental Protection Act 1990, which will be repealed when the new rules come into force.

The new rules for waste collections applying from 2025 and 2026 can be found in sections 45A to 45AZG of the Environmental Protection Act 1990 which have been replaced through section 57 of the Environment Act 2021, which came into force through The Environment Act 2021 (Commencement No. 9 and Transitional Provisions) Regulations 2024.

Regulation 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) is a regulation that applies to the majority of chemical substances with the aim of improving the protection of human health and the environment from the risks that can be posed by chemicals. Duties are held by manufacturers, importers, distributers and downstream users.

• UK REACH applies to GB (England, Scotland and Wales) and is regulated by the Health and Safety Executive (HSE).
• EU REACH is regulated by the European Chemicals Agency (ECHA).

Organisations which place chemicals on the market in GB and the EU or NI have to comply with both versions of REACH.

Organisations who were previously covered by EU REACH who now need to transition to UK REACH will need to reapply for authorisation. This reapplication process involves the submission of previously submitted data which can be obtained from the ECHA for a fee or organisations can pay to redo the studies and research.

This can lead to significant costs to both organisations and the chemicals industry with an estimated cost of around £2 billion by 2030. Concerns are raised that this cost might lead to organisations not registering, reducing the amount substances available and causing supply chain issues.
Proposed changes
Following an in-depth analysis of the current UK REACH requirements, the Department for Environment, Food and Rural Affairs (Defra), alongside the HSE and the Environment Agency (EA) have devised an Alternative Transitional Registration model (ATRm) for UK REACH.

The aim of this model is to help reduce costs to organisations transitioning from EU to UK REACH uphold existing human health and environmental protections by gaining better information on the use and exposure of substances in Great Britain.

These changes are proposed under a consultation which can be found here, with the policy paper found here.
Key points

• Refining what information on chemical ‘use and exposure’ registrants will need to provide.
• Reducing the ‘hazard” information required for transitional registrations and intermediates to the essential minimum to reduce the need to access and pay for data packages held by the EU.
• Significant reduction of the estimated £2 billion costs to industry associated with buying or accessing EU hazard information
• Improving Regulator powers so that they can require and receive data from registrants quickly for regulatory or risk prioritisation purposes.
• Reviewing the existing fees structure for UK REACH to ensure a more sustainable funding model.
• Revising the UK REACH restriction processes to ensure flexibility to act as quickly as possible where risks have been identified.

For LUS subscribers you can view this consultation and many more on the links below:

Health and safety consultations
Environment consultations

Background
The emissions trading scheme (ETS) is a carbon emission trading scheme that runs in both the UK (UK ETS) and EU (EU ETS)  supporting net zero commitments. It works on a cap-and-trade system with a cap on greenhouse gas emissions (GHG).

Participants in the scheme are required to obtain and surrender allowances to cover their annual greenhouse gas emissions (GHG). Organisations can purchase allowances at auction, or trade them amongst themselves.

UK ETS currently covers emissions from power and heat generation, energy intensive industries and aviation.
Proposed changes
The UK ETS Authority (UK Government, Scottish Government, Welsh Government and the Department of Agriculture, Environment and Rural Affairs for Northern Ireland) is seeking  views on proposals for expanding the UK ETS to the waste sector. The goal of this expansion is to capture more emissions and increase decarbonisation.

In the Authority Response to the previous ‘Developing the UK ETS’ consultation, the following points were confirmed.

• The scope of the scheme will be expanded to include emissions from waste incineration facilities in the UK ETS from 2028.
• There will be a two-year transitional phasing period, from January 2026 – December 2027, where installations will monitor, report, and verify their emissions but won’t be required to purchase and surrender UK ETS allowances.
• The emissions cap will be adjusted to take account of the new scope of the scheme.
• Hazardous or clinical waste will not be exempt.
• The obligation for monitoring, reporting and verification will be placed on the operators of waste incineration and energy from waste facilities.
• The existing Ultra-Small Emitters threshold (less than 2,500 tonnes of CO2e) will still apply, so participants in the waste sector below this threshold could apply for the status. The Hospital and Small Emitter threshold (less than 25,000 tonnes of CO2e) will also apply, but the thermal input threshold will not.
• Fossil CO2 emissions will be covered in the expansion to waste incineration and energy from waste.
• Different mechanisms for distributing costs will be explored to ensure fairness.

The consultation

• the scope of the scheme, including which activities are covered, thresholds for inclusion and exemptions;
• scheme participations, including requirements for operators, monitoring, reporting and verification, and guidance;
• impacts of the scheme and risks, including diversion of waste to landfill and waste export, decarbonisation pathways for customers, and cost pass through to customers;
• how to adjust the UK ETS cap for waste;
• how the UK ETS could potentially incentivise investment in heat networks.

You can view and give your views on the proposed changes to UK ETS here.

For LUS subscribers you can view this consultation and many more on the links below:

Health and safety consultations
Environment consultations

As of now you’re no doubt aware, 100% of profits generated by The Compliance People are directly gift-aided to our parent charity, Newground Together.

In this month’s charity update, we are delighted to share the success of the Stubbylee Family Nature Club, hosted by Newground Together in the woodlands of Stubbylee Park.

The club’s imaginative programme offers activities that spark children’s natural curiosity and love for play. Sessions include singing, muddy play (such as painting with mud), den building, going on a bear hunt, campfire cooking, creating bird nests, soap making with conkers, and a variety of natural crafts and games set within the woods. Each activity is designed to engage children’s senses and creativity, while also educating them about the natural world around them.

The club started with just four curious children eager to explore the wonders of the natural world. Since then, it’s blossomed into a welcoming space for families to gather and build a love for the outdoors. The program boasts a vibrant community of repeat attendees, fostering friendships and a shared passion for nature.

Pat Smith, a Bacup Pride Volunteer, highlights the club’s holistic benefits. Pat says:

The Stubbylee Family Nature Club embodies Newground Together’s commitment to community well-being. By encouraging families to spend time outdoors, the program fosters a healthier and happier Calderdale.

Paula, a regular attendee with her son Luca, echoes these sentiments. Paula says:

Jurisdiction: Great Britain

Commencement: 4^th June 2024

Amends: The Green Gas Support Scheme Regulations 2021
Mini Summary

Duties
Various duties apply and are available to view on The Legislation Update Service.

Jurisdiction: England

Commencement: 30^thJune 2024

Amends: New Legislation
Mini Summary

Summary
These Regulations describe the recyclable household waste and the recyclable relevant waste* that must be collected separately from households, relevant non-domestic premises** and businesses. The list of non-domestic properties that must arrange separate collections of their household waste is expanded.

*Relevant waste refers to industrial or commercial waste that is similar in composition to household waste.

**Relevant non-domestic properties are non-domestic properties that must make arrangements for the separate collection of recyclable waste streams.

The recyclable waste streams that must be separately collected by waste collectors are:

• plastic;
• paper and card;
• glass;
• metal;
• food waste; and
• garden waste.

N.B. Garden waste only applies to collection of household waste from domestic properties. 

Background
Section 45A of the Environmental Protection Act 1990 (‘the Act’) required waste collection authorities to collect at least 2 types of recyclable waste separately from residual waste. This requirement was supplemented by The Waste (England & Wales) Regulations 2011, which imposed a duty on all waste collectors to collect paper, metal, plastic and glass separately.

Section 57 of the Environment Act 2021 replaced the old section 45A of the Act and set out new requirements for the separate collection of recyclable waste from households, relevant non-domestic premises producing household waste and premises producing relevant waste, such as businesses.

N.B. Although section 57 is already in force, a transitional period is provided for waste collection authorities and for those responsible to arrange the separate collection of waste.

Jurisdiction: Republic of Ireland

Commencement: Not provided

Amends: Gas Act 1976
Mini Summary

Duties
Licences
Organisations must apply for a licence to construct or operate a natural gas facility or pipeline.

N.B. A licence may be revoked at any time.

Licence conditions

The Irish Gas Board may impose conditions on licences.

Conditions include:

• the requirement to comply with specific codes and safety standards;
• taking action to ensure the safety of operators; and
• taking action to prevent injury, fire and explosion.

It is an offence for organisations to fail to comply with a condition specified in a licence.

Enforcement

Authorised officers* may:

• enter and inspect natural gas facilities and pipelines;
• inspect, repair, maintain or replace pipelines and equipment;
• inspect and take copies of records and documents;
• take samples; and
• take photographs and recordings.

*An authorised officer is any person appointed by the Irish Gas Board for the purpose of enforcing this Act.

Notices

Enforcement notices may be issued to non-compliant organisations. These may require an organisation to:

• provide information;
• carry out a specified activity; or
• cease carrying out a specified activity.

It is an offence to fail to comply with a notice.

N.B. The Minister for Transport and Power may recover the costs of investigation and enforcement from non-compliant organisations.

Jurisdiction: England

Commencement: 1^st October 2024

Amends: The Building Regulations 2010
Mini Summary

Duties
Various duties apply and are available to view on The Legislation Update Service.