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Jurisdiction: EU
Commencement: 10th December 2024
Amends: New Legislation
Air quality provisions for Member States aiming to achieve a zero-pollution objective by 2050 are set out in this Directive. Objectives for ambient air* quality designed to avoid, prevent or reduce harmful effects on human and environmental health are defined.
*Ambient air refers to outdoor air in the atmosphere, excluding workplaces.
Jurisdiction: Wales
Commencement: 14th February 2024
Amends: New Legislation
The Welsh Ministers may set long-term emissions targets in respect of pollutants, including;
* PM10 are particles with a diameter of 10 micrometres or less. Such particles are small enough to pass through the throat and nose and enter the lungs.
The Welsh Ministers must set at least one target (a “PM2.5 air quality target”) to reach an annual mean level of PM2.5 * in ambient air in Wales.
* PM 2.5 are particles with a diameter of 2.5 micrometres or less.
Ministers must regularly monitor and review emissions targets to ensure they are on track to be met.
Promoting awareness about air pollution
The Welsh Ministers must take steps to promote awareness in Wales of:
Soundscapes
The Welsh Ministers must prepare and publish a strategy containing their policies regarding the assessment, management and design of soundscapes* in Wales.
This strategy must be reviewed every 5 years.
*A soundscape is the sound environment as perceived or experienced by people.
Various duties apply and are available to view in the Legislation Update Service.
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Jurisdiction: Wales
Commencement: 31st October 2023
Amends: The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021
They apply to all farm businesses in Wales. Anyone who is the owner or occupier (e.g. tenants, graziers) of an agricultural land holding (regardless of its size) is responsible for complying with these Regulations.
Provisions are included around the following:
Natural Resources Wales (NRW) is responsible for enforcing these Regulations.
Revocations
Previously, water quality was protected by preventing nitrates from agricultural sources polluting ground and surface waters via Nitrate Vulnerable Zones (NVZs)* that were in place and these Regulations revoke and replace The Nitrate Pollution Prevention (Wales) Regulations 2013, which means the existing NVZ designations are no longer applicable.
These Regulations also revoke and replace The Water Resources (Control of Pollution) (Silage and Slurry)(Wales) Regulations 2010 as these Regulations now set the requirements for silage making, storage of silage effluent and for slurry storage systems. The Regulations are revoked in how they apply to farms situated in a NVZ from 1st April 2021 and fully for all other farms from 1st April 2024.
*Nitrate Vulnerable Zones (NVZs) are areas within Wales that contain surface water or groundwater that is susceptible to nitrate pollution from agricultural activities. A map of these areas can be found here. Note that these Regulations have now replaced NVZs.
Transition period
Requirements are being phased in for farms not previously located in a NVZ over three years, with certain requirements applying from 1st January 2023, 31st October 2023 and 1st April 2024:
All other parts of the Regulations applied from 1st April 2021. More information can be found in the duties section below. For farms that were previously located in a NVZ, they needed to be compliant with the Regulations on 1st April 2021 (the date they come into force).
Various duties apply.
Delays to the transition period
The introduction of regulations 4 and 36, which were due to come into force on 31st October 2023, have been delayed. They will now come into force on 1st January 2024. These regulations cover nitrogen limits for livestock manure and the records relating to nitrogen produced by animals.
Changes to the application of livestock manure
The annual 170kg limit on manure use for holdings not previously located within a Nitrate Vulnerable Zone* (NVZ) now starts on 1st January of each year, bringing it in line with holdings previously situated within an NVZ (regulation 4).
*Nitrate Vulnerable Zones (NVZs) are areas within Wales that contain surface water or groundwater that is susceptible to nitrate pollution from agricultural activities. A map of these areas can be found here.
Changes to calculations and records
The date on which occupiers of holdings not previously situated within an NVZ must start making a record of nitrogen produced by animals on their holding has been pushed back to 30th April 2025 and then 30th April for each subsequent year.
The time frame for which records of nitrogen produced by animals on a holding must be recorded has been changed. These time periods now begin on 1st January of each year.
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Jurisdiction: Wales
Commencement: 29th April 2023
Amends: The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 SI 2021/77 (W.20)
The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 SI 2021/77 (W.20) implement measures to address agricultural pollution in Wales by setting rules for certain farming practices.
They apply to all farm businesses in Wales. Anyone who is the owner or occupier (e.g. tenants, graziers) of an agricultural land holding (regardless of its size) is responsible for complying with these Regulations.
Provisions are included around the following:
Natural Resources Wales (NRW) is responsible for enforcing these Regulations.
Revocations
Previously, water quality was protected by preventing nitrates from agricultural sources polluting ground and surface waters via Nitrate Vulnerable Zones (NVZs)* that were in place and these Regulations revoke and replace The Nitrate Pollution Prevention (Wales) Regulations 2013, which means the existing NVZ designations are no longer applicable.
These Regulations also revoke and replace The Water Resources (Control of Pollution) (Silage and Slurry)(Wales) Regulations 2010as these Regulations now set the requirements for silage making, storage of silage effluent and for slurry storage systems. The Regulations are revoked in how they apply to farms situated in a NVZ from 1st April 2021 and fully for all other farms from 1st April 2024.
*Nitrate Vulnerable Zones (NVZs) are areas within Wales that contain surface water or groundwater that is susceptible to nitrate pollution from agricultural activities. A map of these areas can be found here. Note that these Regulations have now replaced NVZs.
Transition period
Requirements are being phased in for farms not previously located in a NVZ over three years, with certain requirements applying from 1st January 2023, 31st October 2023 and 1st April 2024:
All other parts of the Regulations applied from 1st April 2021. More information can be found in the duties section below. For farms that were previously located in a NVZ, they needed to be compliant with the Regulations on 1st April 2021 (the date they come into force).
The dates in The Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) Regulations 2022 have changed. The implementation date for regulation 4 (Application of livestock manure – total nitrogen limit for the whole holding) and regulation 36 (Record of nitrogen produced by animals on the holding) is now 31st October 2023.
Requirements are added for occupiers of a holding or part of a holding that was not previously located within a Nitrate Vulnerable Zone. These requirements are set out below.
*12-month period means the period 31st October to 30th October.
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Jurisdiction: Republic of Ireland
Commencement: 31st October 2022
Amends: New Legislation
These Regulations set out restrictions on the sale and distribution of solid fuels* and impose duties on producers and retailers of solid fuels.
*Solid fuels are solid substances, such as wood or coal, that are burned to produce heat.
These Regulations apply only to solid fuels intended to heat domestic or licensed premises.
Additionally, these Regulations revoke the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 and some corresponding amendments, such as the:
Various duties apply.
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Jurisdiction: Republic of Ireland
Commencement: 25th August 2022
Amends: Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013
The Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 revoke and replace Environmental Protection Agency (Licensing) Regulations 1994.
These Regulations apply to the integrated pollution control activities within the meaning of section 3 of the Environmental Protection Agency Act 1992 (‘EPA Act 1992’). They require such activities to have a licence granted by the Environmental Protection Agency (‘the Agency’).
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:
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 application must also be accompanied by:
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.
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.
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Jurisdiction: UK
Commencement: 19th May 2021
Amends: The Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021 (SI 2021/484)
If a bidder has someone who is acting on behalf of themselves (a bidder representative), this representative no longer has to be established in the United Kingdom.
The calculation of the annual volume of allowances in accordance with regulation 9 (Annual volumes of allowances), can now be a reason for the modification or adjustment of the auction calendar.
Clarifications are made throughout the Schedule to change VAT references to United Kingdom VAT. Updates are also made to the definitions within the Regulations.
There are no changes in duties for organisations.
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Jurisdiction: GB
Commencement: 15th June 2021
Amends: Regulation (EC) 166/2006 on the establishment of a European Pollutant Release and Transfer Register
Article 8 (Releases from diffuse sources) is amended to allow the European Commission to adopt delegated acts* in accordance with Article 18a, in order to initiate reporting on releases of relevant pollutants, where there is no data on the releases from diffuse sources**.
*Once an EU law is passed, it can be necessary to update it to reflect developments in a particular sector or to ensure that it is implemented properly. Parliament and Council can authorise the Commission to adopt delegated or implementing acts, respectively, in order to do this.
**Diffuse sources are the sources from which pollutants may be released to land, air or water, that have no specific point of discharge (e.g a pipe or chimney).
Article 18 is substituted and now allows the Secretary of State to amend Annex 2 (a register of 91 listed pollutants), only for specified purposes including scientific or technical progress.
There is no change to duties for organisations.
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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: Republic of Ireland
Commencement: 1 September 2020
Amends: Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012
The Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 introduces a ban on the residential burning of specified bituminous fuels in private dwelling in specified areas to complement the existing ban on the marketing, sale and distribution.
The Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 ban the burning and sale of specified fuels in certain areas of the Republic of Ireland. Specified fuels are defined as any bituminous coal, any admixture of solid fuel containing bituminous coal, any manufactured fuel containing bituminous coal meeting a certain specification or any solid fuel with a Sulphur content greater than 2% by weight on a dry ash-free basis.
These Regulations introduce a ban, from the 1st September 2020, on the marketing, sale, distribution and burning of specified fuels in specified areas of the following locations:
They also extend the specified area of Cork to include further townlands within Carrigtwohill.
Further details on the townlands now considered to be specified areas can be found in the amendment.
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