The Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019 come into force on the date the UK leaves the EU (Exit Day).
What is being updated?
The 2019 regulations transfer various legislative functions currently exercised by the European Commission to UK and devolved administrations. This aims to ensure the respective regimes continue to function and are kept up to date after Brexit.
Administrations must undertake consultations before these powers may be used.
Updates to Reflect Scientific and Technical Progress
Where necessary, the Secretary of State and/or devolved authorities may make legislation amending the following regimes to reflect “scientific and technical progress”:
Further Powers under the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012
The Secretary of State will be able to update the format for monitoring data under these regulations.
Further Powers under the Air Quality Directive 2008/50/EC
Devolved authorities may amend legislation concerning Annexes under the Air Quality Directive 2008/50/EC in the future.
However, these powers may not be used to modify air quality limit values; exposure reduction targets; critical levels; target values; information or alert thresholds; or long-term air quality objectives.
Further Powers under the Industrial Emissions Directive 2010/75/EU
Authorities may also amend legislation concerning the determination of start-up and shut-down periods under the Directive. Reporting requirements under the industrial emissions regime may also be updated.
Further Powers under the National Emissions Ceilings Directive (EU) 2016/2284
The national emissions ceilings regime may be amended to adjust emissions inventories, control programmes and derogations.
Further Powers under the Marine Strategy Directive 2008/56/EC
The Secretary of State may make legislation to:
Further Powers under the Bathing Water Directive 2006/7/EC
Authorities may make legislation defining symbols prohibiting or giving advice against bathing, alongside information on bathing water classifications.
Further Powers under the Urban Waste Water Treatment Directive 91/271/EEC
Authorities may make legislation to:
New publications this month:
DEPARTMENT OF AGRICULTURAL, ENVIRONMENT AND RURAL AFFAIRS (DEFRA)
A guide to importation and export of wood and wood products for Northern Ireland
Guidance is provided on the requirements which have to be met when importing controlled material into Northern Ireland.
General guidance for applying for waste management licencing complex exemptions
Guidance is provided on the respective fees that apply when applying for a ‘complex exemption’ under the Waste Management Licensing Regulations (Northern Ireland) 2003
The food and drink sector and preparing for EU Exit
Updates are made to guidance on trade between Ireland and Northern Ireland, trade, tariffs and employment following Brexit.
Whole House Retrofit (WHR) Competition
Guidance is updated on WHR cost reduction trajectory competition as a key early step in accelerating a reduction in domestic retrofit costs.
MARINE MANAGEMENT ORGANISATION
Marine Licensing exempted activities
Updated guidance has been published on activites exempted from the marine licensing regime.
DEFRA / NATURAL ENGLAND
New General Licences
Three new general licences for the control of birds have been published, partially replacing those previously revoked:
SCOTTISH ENVIRONMENT PROTECTION AGENCY (SEPA)
Regulatory Position Statement: Roadside Vehicle Maintenance - 3rd Party Collection and Storage of Waste
This statement provides guidance on intermediate storage of waste produced from roadside vehicle maintenance that may be carried out without a permit.
Waste giant guilty of exporting banned waste
Biffa Waste Services Ltd (Biffa) has been convicted of breaching legislation concerning the overseas exports of waste.
Biffa was prosecuted for prohibited waste to China. This waste was collected from households and included used nappies and food packaging, but Biffa had claimed this was waste paper.
Exporting unsorted household recycling waste to China has been banned since 2006. Paper can legally be sent to China however. Biffa was found guilty in court of two breaches of the prohibition on household waste in May and June 2015.
The jury didn’t accept Biffa’s version of events that the consignments leaving its depot in Edmonton complied with the law because they comprised waste paper.
An Environment Agency investigation at Felixstowe port had identified the contents of seven 25-tonne containers bound for China. These included glass, plastics, electrical items and metal.
Instead of waste paper, investigators discovered diverse discarded debris such as shoes, plastic bags, an umbrella, socks, hand towels, unused condoms, video tape, toiletries and electric cable. Biffa was also trying to export laminate flooring, coat hangers, pet food containers, toilet wipes, latex gloves and, ironically, china.
Jurors heard Biffa used two brokers to act as intermediaries to send the waste to two sites on the South China Sea coast. The Environment Agency prevented any of the seven containers from leaving Felixstowe.
Breach
Biffa was found guilty of breaching Regulation 23 of the Transfrontier Shipment of Waste Regulations 2007.
Penalty
Sentencing has been deferred until 27 September 2019.
In advance of this, the Environment Agency and Biffa have agreed £9,912 to be paid for the proceeds of crime.
Waste site director given suspended sentence for operating illegally
A company director has been found guilty of operating a waste treatment facility in Worcestershire without an environmental permit despite efforts to bring by the Environment Agency to bring the site into compliance.
Environmental Officers estimated that nearly 9,000 tonnes of waste was illegally stored on site in addition to the waste posing both a fire and pollution risk due to the sites lack of sufficient drainage. Plastics residue and pesticides from a cleaning operation also had the potential to cause pollution.
The operator of the site had registered waste exemptions, which allowed up to 500 tonnes of waste to be stored at any one time. Therefore, around 18 times more waste was stored than this limit.
Although the director stated he would apply for the necessary permits, he never did. The site was abandoned in December 2015 and significant clean-up costs were incurred.
Barry Connally, director of Rhino Recycling Ltd, was sentenced to 12 months’ custody, suspended for 18 months and ordered to complete 160 hours of unpaid community work.
Jail for pair of serial Home Counties fly-tippers
Three men have been found guilty of fly-tipping hundreds of tonnes of waste at several locations across Barking, Havering, Hertfordshire and Essex between 2012 and 2014.
The Environmental Agency discovered the men had broken into sites to dump a mix of household waste, wood, textiles and aggregate from a lorry with false number plates. Sites affected included a yard owned by Network Rail.
Following the 18-month period dumping waste illegally, the criminals were arrested by Essex Police at the Environment Agency’s request.
Penalties
William Jones was sentenced to 13 months in prison and ordered to pay back £80,000 in proceeds of crime within 12 weeks or face an additional 18 month jail term.
Glenn Harper was given a custodial sentence of 12 months and ordered to pay back £146,755 in proceeds of crime within 12 weeks or face an additional 24 months in prison.
Sean Collard was sentenced to 8 months in prison, suspended for 2 years, 200 hours of unpaid work and a curfew between 7.30pm and 5.30am, in force for 12 weeks. The Environment Agency was also awarded costs against Collard of £10,000.
