Jurisdiction: England & Wales

Commencement: 1st October 2024

Amends: The Environmental Permitting (England and Wales) Regulations 2016
Mini Summary

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:

  • When an environmental permit is needed, or when an exemption needs to be registered;
  • How to apply for, appeal against, vary, transfer and surrender a permit; and
  • How these Regulations are enforced.

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.

Duties
Various duties apply.

 

Amendment

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: England

Commencement: 1st December 2023

Amends: The Environmental Permitting (England and Wales) Regulations 2016
Mini Summary

The Environmental Permitting (England and Wales) Regulations 2016 set out the environmental permitting and compliance regime that applies to England and Wales. The Regulations require operators to obtain permits for some facilities or activities, to register others as exempt and provides for ongoing supervision by regulators.
Duties
Various duties apply.
Amendment

From 1st December 2023, additional enforcement powers are given to the Environment Agency.

The Environment Agency may now issue monetary penalties and recover the costs of enforcement action, in accordance with Schedule 26A.

The Environment Agency must publish guidance on:

  • penalties that may be imposed;
  • how the penalties will be determined; and
  • rights of appeal.

These Regulations apply to England only.

 

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Jurisdiction: United Kingdom

Commencement: 16th August 2023

Amends: Finance Acts 1996 – 2023
Mini Summary

The Finance Acts confirm and detail environmental taxes and duties, this includes:

  • landfill tax;
  • climate change levy;
  • vehicle excise duty; and
  • plastic packaging tax.

Duties

Various duties apply.
Amendment

All sections of Schedule 19 of The Finance (No. 2) Act 2023 that are not already in force, will come into effect on 25th August 2023.

This amendment has no direct relevance to environmental matters.

 

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Jurisdiction: United Kingdom

Commencement: 1st April 2023, with one section coming into force on 1st November 2023.

Amends: The Environment Act 2021 (Commencement No. 6) Regulations 2023
Mini Summary

This Environment Act 2021 aims to improve air and water quality, tackle waste, improve biodiversity and make other environmental improvements. You can read our full update on this here.

Duties
There are no direct duties for most organisations under this Act. There are duties for the Government, some public bodies and other organisations, such as the OEP. These are described in the Summary above. Where duties have been made that may affect other organisations or businesses, this is through amendments to other legislation which are linked above and in the Updates section of any relevant legislation.

 

Amendment

The following sections of the 2021 Act are in force from 1st April 2023.

These relate to the enforcement of fixed penalty notices and enforcement for littering offences. The fines and time period for payment allowed on fixed penalty notices are now variable per offence.

Section 19 (Policy statement on environmental principles: effect) will come into force on 1st November 2023. This section places duties on the Ministers of the Crown under the Environmental principles policy statement.

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Jurisdiction: Great Britain

Commencement: 7th December 2022

Amends: The Environment Act 1995 (1995 c.25) – Part IV National Air Quality Strategy
Mini Summary

The Environment Act 1995 introduced the idea of a National Air Quality Strategy to be prepared by the Secretary of State with requirements on Local Authorities to review local air quality for 7 pollutants and to adopt action plans to achieve air quality targets.

The Commencement Order as of 23 December 1997 implements various sections of the Environment Act 1995, Part IV relating to the role of Local Authorities in the management of air quality.

The Secretary of State has published a statement containing policies to assess and manage air quality. The statement includes standards relating to air quality objectives, including restrictions for the emission of particular substances, and measures to be taken by Local Authorities and others (the public, householders, vehicle owners, industry and commerce).

Local Authorities are required to survey and report air quality in their areas, this includes making a prediction of likely air quality level in the future. Local Authorities are empowered to establish Air Quality Management Areas where air quality standards are not, or are not likely to be met. Where this is the case an action plan must be produced setting out how standards will be met. Local Authorities are then able to use all exercisable powers in order to achieve objectives.

The Environment Agency must also have regard to the National Air Quality Strategy when carrying out its duties.
Duties
Although industry is not directly affected by this legislation regard must be had of indirect implications. Where air quality standards are not being met in an area, then the Local Authority will be under an obligation to reverse this trend using any exercisable powers. This may include increased restrictions or limits on industrial emissions to atmosphere.

Amendment

National Highways is designated as the relevant public authority in relation to Part 4 (Air Quality) of the Environment Act 1995.

There are no changes to duties for organisations.

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Jurisdiction: United Kingdom

Commencement: 1st January 2023

Amends: 

Mini Summary

The Environment Act 2021 aims to improve air and water quality, tackle waste, improve biodiversity and make other environmental improvements. We’ve written more about this in a previous update, which can be viewed here.

The Forestry Act 1967 has been repealed and replaced in Scotland by the Forestry and Land Management (Scotland) Act 2018, the 2018 Act makes certain transitional provisions which keep the 1967 Act in force in specified circumstances relating to applications made under the Act.

This Act sets out the general duties of the Forestry Commission (FC), its organisational structure and commissioner and staff roles. It allows the FC to manage and use any land granted to it the by the Minister, manage and supervise any woods or forests and buy and sell timber.

The main impact of the Act relates to the control over the felling of trees, Felling Licences and how they interact with Tree Preservation Orders.

A Felling Licence from the FC is required to fell growing trees, except in cases where:

  • felling trees with diameters less than 80mm (when measured at 1.3m from ground level);
  • felling trees for thinning purposes with diameters less than 100mm (when measured at 1.3m from ground level);
  • felling coppiced trees (for regrowth) with diameters less than 150mm (when measured at 1.3m from ground level);
  • lopping and topping (tree surgery, pollarding, pruning);
  • felling fruit trees;
  • felling trees as part of a development authorised with planning permission;
  • felling necessary to prevent dangers or nuisance; and
  • felling carried out by, or at the request of, an electricity operator.

A person can fell up to five cubic metres on their own property in any calendar quarter without a Felling Licence as long as no more than two cubic metres are sold.

In cases where a Felling Licence is requested in order to fell trees protected by a Tree Preservation Order (TPO) or in a conservation area the FC will consult with the local planning authority that issued the TPO before deciding whether or not to issue a Felling Licence which would overrule the TPO.

If the FC issues a Felling Licence for trees covered by a TPO or in a conservation area and the applicant has not declared the TPO or conservation area, then the Felling Licence does not cover the felling of those trees and felling them may be a criminal offence.


The Natural Environment and Rural Communities Act 2006 implements key aspects of the Government’s Rural Strategy published in July 2004 and also addresses a wider range of issues relating broadly to the natural environment. The Act requires every local authority to consider the purpose of conserving biodiversity. The Secretary of State for England and National Assembly for Wales, are required to publish a list of the living organisms and types of habitat which are of principle importance for the purpose of conserving biodiversity.

Duties

Various duties apply.

Amendment

The following provisions of the 2021 Act  come into force on 1st January 2023.

These provisions require a public authority* to set out biodiversity objectives and publish biodiversity reports.

*Public authority means an authority whose functions are of a public nature.

Lastly, duties are imposed on the Forestry Commission and Natural Resources Wales regarding the enforcement of tree felling and restocking notices.

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From loss and damage agreements, to 1.5°C temperature rise limits, The Compliance People consultant Valentin Avram gives a roundup of the outcomes of the COP27 Climate Summit.
FIRSTLY, WHAT IS COP27?
COP27 is the annual United Nations (UN) climate conference that took place between 6th November 2022 and 20th November 2022 in Sharm el-Sheikh, Egypt. COP27 attendees included governments and negotiators from across the world, who discussed solutions to keeping temperature rises below dangerous levels.
WHAT ARE THE OUTCOMES?
Limit to temperature rises

One of the key outcomes of the COP26 conference, which took place in Glasgow in 2021, was the Glasgow Climate Pact which aimed to accelerate the action on climate change by limiting the rise of global temperatures to 1.5°C.

The COP26 commitment to limit global warming to 1.5°C was reaffirmed, though no new actions were agreed upon. A proposal to peak global greenhouse gas emissions by 2025 failed to go through.

Energy

A provision was made in the final text of COP27 to boost “low-emissions energy”. This could mean nuclear reactors or wind and solar farms. It could also be interpreted as gas, which has lower emissions than coal.

However, no agreement was reached on the phasing-out of coal. The previous provision from COP26 to phase-out the use of coal was maintained, but no new actions were included.

Technology

The UN Framework Convention on Climate Change (UNFCCC) and the UN Environment Program (UNEP) launched a five-year joint work programme for 2023 to 2027. The aim of this joint programme is to enable countries to achieve the goals of the UNFCCC, and those of the Paris Agreement. It also enables the implementation of national climate plans which can be achieved through the development and transfer of technology.
MAIN TAKEAWAY
The target to limit global warming to 1.5°C above pre-industrial levels was reaffirmed, but it seems almost impossible to achieve due to the lack of progress on cutting emissions. Is the current instability caused by the war in Ukraine one of the reasons for these setbacks? In my opinion, it is fair to say so.

Jurisdiction: Republic of Ireland

Commencement: 17th June 2022

Amends: European Communities Environmental Objectives (Surface Waters) Regulations 2009
Mini Summary

The European Communities Environmental Objectives (Surface Waters) Regulations 2009 give effect to Directive 2008/105/EC on environmental quality standards regarding water policy, Directive 2000/60/EC which provides for a framework for action on water policy in the European Community and Directive 2006/11/EC on pollution caused by dangerous substances discharged into the aquatic environment.

The Regulations are applicable to all surface waters and provide for the following:

The Regulations revoke the Local Government (Water Pollution Act 1977) (Water Quality Standards for Phosphorus) Regulations 1998 (SI 258/1998) RWAT4 and the Water Quality (Dangerous Substances) Regulations 2001 (SI 12/2001) RWAT6.

Amendment

The definition of ecological status is amended to mean the quality and functioning of aquatic (surface water) ecosystems.

A series of definitions are added.

  • Poor water quality refers to water bodies in which the biological communities differ substantially from ecosystems with pristine or undisturbed ecological status.
  • Bad water quality refers to water bodies in which large portions of the expected biological communities are absent.

References to Table 4A in Schedule 4 are replaced with references to section 1.2 of Annex V of the Water Framework Directive.

Minor technical changes are made to Article 32.

Monitoring the ecological and chemical status of water bodies
Part IVA sets out the procedure for setting chemical, water quality, sediment and biota* standards for:

  • rivers;
  • lakes;
  • transitional waters; and
  • coastal waters.

*Biota means the animal and plant diversity of a particular region.

These standards must:

  • be peer reviewed and subjected to public consultation;
  • conform to international standards; and
  • be of an equivalent scientific quality to national and international standards.

Surface water monitoring network
The Environmental Protection Agency (EPA) must establish and maintain a surface water monitoring network* for the following taxa**.

  • Algae.
  • Daphnia or representative organisms in saline waters.
  • Fish.

*A surface water monitoring network consists of a surveillance monitoring programme, an operational monitoring programme and a programme of investigative monitoring.

**Taxa refers to a group of organisms or species that are genetically similar.

This monitoring network must:

  • obtain acute and chronic data for each taxa;
  • provide a comprehensive overview of the ecological status of the water body in question; and
  • be outlined in the appropriate river basin management plan.

Presenting monitoring results
Estimates for the level of confidence and precision of the results obtained must be set out in the river basin management plan.

Results must be formatted in accordance with Tables 1 and 2 in Schedule 3.

The EPA must indicate whether failure to achieve good ecological status is the result of noncompliance with environmental quality standards.

There are no duties for organisations.

 
  

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Want to understand how your business interacts with the environment and more importantly how you can mitigate those impacts? We’ve created an Environmental Awareness course to help answer all these questions.

Created to provide all roles within your organisation with a fundamental level of environmental awareness, this course is designed to provide a basic understanding of the key environmental impacts relevant to UK businesses. As well as this, the course supports attendees to reflect on how these issues apply to their organisation, and how they can be managed.

This is a half-day course, which will answer the following questions:

The course is designed to be delivered remotely so that it can be easily fitted into your busy schedule.
HERE’S WHAT SOME OF OUR COURSE ATTENDEES HAD TO SAY:

 

Jurisdiction: United Kingdom

Commencement: 24th January 2022

Amends: The Environment Act 2021
Mini Summary

The Environment Act 2021 aims to improve air and water quality, tackle waste, improve biodiversity and make other environmental improvements.
You can read our published update on The Environment Act 2021 here.

Duties
There are no direct duties for most organisations under this Act. There are duties for the Government, some public bodies and other organisations, such as the OEP. These are described in the Summary above. Where duties have been made that may affect other organisations or businesses, this is through amendments to other legislation which are linked above and in the Updates section of any relevant legislation.

Amendment

Various sections of the Environment Act 2021 (‘the Act’) are brought into force throughout 2022.

Large sections of the Act are bought into force on 24th January 2022, including:

  • environmental targets;
  • environmental improvement plans;
  • information and guidance on the Office for Environmental Protection (OEP);
  • producer responsibility obligations (in England); and
  • hazardous waste: England and Wales.

The full list of sections bought into force on 24th January 2022 can be found in regulation 2.

Section 21 of the Act, which reports on international environmental protection legislation, comes into force on 1st April 2022.

Sections of the Act relating to air quality come into force on 1st May 2022. The list of specific sections relating to air quality are listed in regulation 4.

Part 7 of the Act on conservation covenants and its related schedules are bought into force on 30th September 2022.

 
  

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