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Free Legislation Updates February 2019

This free legal update provides selected items from the most recent monthly email. Subscribers to Greenspace receive full updates on new and forthcoming legislation applicable to their organisation each month. These emails also communicate new publications, consultations and legal case studies.

Legal register

Directive (EU) 2018/2001 On the Promotion of the Use of Energy from Renewable Resources

This Directive aims to promote the use of energy from renewable resources. 32% of energy supplied by 2030 must be from renewable sources. 14% of transport fuels will also need to be from renewable origin by 2030. Individual renewable energy targets will be set on each EU Member State. The proportion of energy from renewables used in heating and cooling is required to increase by an annual average of 1.3%.

This Directive is due to be transposed to national law by 30 June 2021. The UK is due to leave the EU before this date, and therefore this Directive may not be brought into force.

Legal register

Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019

These regulations aim to ensure that a UK-only version of the Emissions Trading Scheme (EU ETS) operates following the UK's departure from the EU.

This will ensure that the UK maintains a system for greenhouse gas emissions from industrial processes and aviation. References, definitions and processes are updated to reflect that the UK will no longer be an EU Member State

Legal register

Air Quality (Miscellaneous Amendment and Revocation of Retained Directive EU Legislation) (EU Exit) Regulations 2018

These regulations amend a range of EU legislation concerning air quality that will be retained as UK law after Brexit.

The changes are needed to ensure the amended legislation continues to operate correctly. Legislation amended concerns pollutant release and transfer reporting, large combustion plant, industrial emissions and best available techniques for permitted installations.

Legal register

Infrastructure Planning (Water Resources) (England) Order 2019

These regulations update criteria that classify certain projects as a nationally significant infrastructure project (NSIP).

NSIP thresholds for the construction or alteration of reservoirs, dams and water resource transfer infrastructure are increased. Desalination plants in England or the waters adjacent to England with a deployable output above 80 million litres per day also become NSIPs.

Legal register

Climate Change (Interim Emissions Targets) (Wales) Regulations 2018 and Climate Change (Carbon Budgets) (Wales) Regulations 2018

These regulations set Welsh-specific emissions reduction targets and carbon budgets.

Mandatory emissions reductions are required to be achieved, in support of the 80% by 2050 emissions reduction obligation on the Welsh Ministers under the Environment (Wales) Act 2016.

Legal register

Clean Air Strategy 2019

This strategy sets out actions to improve air quality in England. 2020 and 2030 air quality targets will be supported by extended regulatory powers.

Policy commitments include reviewing air quality impacts of the renewable heat incentive and considering extending the medium combustion plant regime to plant with a thermal input above 0.5MW. The plan also commits to continue the integrated pollution prevention and control permitting regime.


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