New publications this month:
DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)
Deposit Return Scheme for drinks containers: joint policy statement
The introduction of a UK-wide deposit return scheme for drinks containers has been pushed back to October 2027. The scheme was previously due to operate from 1 October 2025.
The policy statement confirms that polyethylene terephthalate (PET), steel, and aluminium cans will be within the scope of the scheme. A separate statement concerns glass containers, stating that glass will not be within the scope of the scheme in England and this is expected to be applied across the UK.
SCOTTISH GOVERNMENT
Removal of interim statutory targets under the Climate Change (Scotland) Act
On 18 April 2024, the Scottish Government announced that the statutory 2030 emissions reduction target under the Climate Change (Scotland) Act 2009 will be withdrawn. This is as it cannot be met. The net zero by 2045 target will be retained.
Climate change action: policy package
Alongside the announcement of the removal of the 2030 statutory emissions reduction target, the Scottish Government published a policy package including 19 actions for greenhouse gas emissions reduction. This includes policies on transport, land use and agriculture.
DEPARTMENT FOR ENERGY SECURITY AND NET ZERO, ENVIRONMENT AGENCY, AND DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY (BEIS)
Energy Savings Opportunity Scheme (ESOS)
Organisations obligated under ESOS are required to submit their notifications of compliance via the Manage your Energy Savings Opportunity Scheme (MESOS) system.
This guidance has been updated to reflect that as of 30 April 2024, the MESOS system is now available for these notifications to be completed.
DEPARTMENT FOR BUSINESS AND TRADE
Placing manufactured products on the market in Great Britain
The UK Government has announced that qualifying products with CE assessment, declaration and marking may continue to be placed on the Great British market indefinitely. Therefore, products may conform with the European CE or Great British UK Conformity Assessment (UKCA) standards for supply in Great Britain.
A fast-track process is to be introduced to allow UKCA conformity and marking to be applied on the basis of conformity to EU essential requirements, as assessed by an EU-recognised conformity assessment body.
Legislation will be introduced to apply these changes. Product legislation benefitting from this system are listed below, including three further product types than were previously announced:
ENVIRONMENT AGENCY AND DEFRA
Flood risk activities: environmental permits
From Summer 2024, flood risk activity permits will be processed via the National Permitting Service, rather than local Environment Agency teams, as at present.
ENVIRONMENT AGENCY
Manage waste upholstered domestic seating containing POPs
Guidance provided on the identification and management of waste upholstered domestic seating containing POPs has been updated to improve its clarity.
Reusing upholstered domestic seating containing POPs
This guidance has been updated to improve clarity on requirements regarding refurbished upholstered domestic seating.
Regulatory Position Statements (RPSs)
The following RPS was published during April 2024:
DEPARTMENT FOR LEVELLING UP, HOUSING AND COMMUNITIES
New guidance on the National Infrastructure Planning regime
A host of guidance was published on the National Infrastructure Planning regime during April 2024. This regime concerns Nationally Significant Infrastructure Projects (NSIPs) that require consent under the Planning Act 2008.
DEFRA, ANIMAL AND PLANT HEALTH AGENCY, FORESTRY COMMISSION
Import Guidance
Guidance on the import of materials posing a biosecurity risk to Great Britain has been updated to reflect the second phase of the introduction of the Border Target Operating Model (BTOM). This phase commenced on 30 April 2024. The IPAFFS import notification system also became live on this date. A range of guidance has been updated, including the following:
FORESTRY COMMISSION
Historic environment guidance for forestry in England
Information is provided on how the historic environment should be considered when developing and implementing forestry projects in England.
WELSH GOVERNMENT
Welsh public sector net zero carbon reporting guide
Instructions are provided to Welsh public bodies on emissions assessments and reporting against the decarbonisation targets set by the Welsh Government.
Developments of national significance (DNS): engaging with the process
This guidance on the DNS process has been updated.
The strategic context for the regulatory building control framework Wales
This guidance concerns the connection between the competence of the regulated building control profession and the performance of building control. This has been updated to reflect the introduction of Registered Building Control Approvers.
Waste management company fined for illegal exports
Roydon Resource Recovery Ltd and a director have been convicted of the illegal export of waste and disregarding proper waste management protocols.
The prosecution came after 10 shipping containers, containing 247 tonnes of refuse, were unlawfully exported to Poland under the guise of the green list process under the transfrontier shipment of waste regime.
The illegal export, which was claimed to be clean plastics sorted from household waste, instead contained a majority of plastics which were unsuitable for recycling. The waste was also heavily contaminated with other household items including electrical items, nappies and oil cannisters. Roydon gained significant financial advantage through these actions.
The prosecution was brought by the Environment Agency following an investigation that found that the company exported waste intended to be incinerated as fuel. There was no intention of it being recycled.
Penalties
Roydon Resource Recovery Ltd was ordered to pay a total fee of nearly £870,000, including £811,181 in Proceeds of Crime.
A company director was also ordered to pay £10,000.
Fines and prison sentences handed out to companies and individuals involved in Staffordshire waste crime
A number of people involved in a large-scale waste crime operation in Staffordshire are facing prison following a successful prosecution for large-scale illegal dumping of waste at Bonnie Braes Farm in Staffordshire
The waste offences took place between 1 March 2014 and 30 June 2015. At least 100,000 tonnes of waste was brought onto the site during the charge period, when there was no legal right to do so. This activity included a significant amount waste from excavation, alongside other mixed refuse and some asbestos.
The volume of waste added to the site meant that the land was raised by between six and seven metres in height. Additional concern was created by the crucial gas distribution pipeline which passes underneath Bonnie Braes Farm, one of two that supplies Stoke-on-Trent. A fracture of the pipeline would have had devastating consequences, causing disruption to the supply of gas.
The offences were found to have caused Category 1 harm to the environment due to the eyesore that the deposits caused. The impact that the weight had on the site, created negative effects; not only to the gas pipeline but also to a culvert on the site, which was found to have collapsed, causing significant flooding in heavy rain. The operation of the site also caused significant disruption on lanes that were unsuitable for large vehicles and the tracking of mud from the site across the roads.
Breaches
Jumbo Waste & Metals Ltd, TW Frizell (Haulage & Plant Hire) Ltd, VWJ Earthmoving Ltd, RJC Regeneration Ltd, five men and one woman were sentenced for a range of breaches to the Environmental Permitting (England and Wales) Regulations 2010 and Environmental Protection Act 1990.
Offences included operating a regulated facility that was not authorised by an environmental permit, including in certain cases with the consent, connivance or attributable to the neglect of a company director. Breaches of the Environmental Protection Act 1990 concerned deposits of controlled waste where an environmental permit was not in force authorising the deposits.
One man was sentenced to 30 months immediate custody and was also disqualified from holding the position of a director for a period of 8 years and 3 months.
A second man was sentenced to 2 years immediate custody and was also disqualified from holding the position of a director for a period of 6 years.
A third man was sentenced to 15 months imprisonment that was immediately suspended for 18 months. He must undertake 240 hours of unpaid work. The man was also disqualified from holding the position of a director for a period of 5 years.
A Proceeds of Crime Applications are outstanding regarding the above and will be determined at a future date.
The woman was sentenced to 10 weeks imprisonment suspended for 12 months. She was also ordered to pay a contribution towards the costs of the prosecution of £8000 and the victim surcharge.
A fourth man was sentenced to 11 months imprisonment that was immediately suspended for 18 months and the victim surcharge.
VWJ Earth Moving Limited was fined £11,000 and ordered to pay a contribution towards the costs of the prosecution of £8000 and the victim surcharge.
Jumbo Waste and Metal Limited was fined £1, as the company is in liquidation, and the victim surcharge.
TW Frizell (Haulage & Plant Hire) Ltd was fined £1, as the company is in liquidation, and the victim surcharge.
A fifth man was also sentenced alongside RJC Regeneration Limited in respect of a matter that occurred in Betley, Crewe. In that case waste was deposited without the benefit of an Environmental Permit and exceeded the allowances of any waste exemptions. The man was sentenced to 2 months immediate custody to run concurrently with his other sentence. (This means he received a total of 2 years immediate custody overall).
RJC Regeneration Limited was fined £8000 and the victim surcharge
A sixth man was sentenced regarding the offences in Betley, Crewe and received 9 months custody suspended for 18 months. He was also sentenced to 130 hours unpaid work, a £5000 fine and ordered to pay a contribution towards the prosecution costs of £27,000. This man was also made subject to a court order requiring him to remove waste illegally deposited and stored on another location by 8 September 2024.
Four people arrested as part of waste crime investigation
A joint enforcement action undertook raids in Yorkshire on 4 April 2024. The joint enforcement team involved the Environment Agency, Joint Unit for Waste Crime and Yorkshire & Humber Regional Organised Crime Unit.
Four people, comprising a man and woman aged from Leeds, a man from Doncaster and a man from Calderdale were arrested in connection with the investigation. Evidence including digital devices was seized.
The arrests relate to two ongoing investigations being carried out by the Environment Agency and Joint Unit for Waste Crime into fraud, money laundering and offences under the producer responsibility regulations.
Producer responsibility is about making sure businesses that manufacture, import and sell products such as electrical and electronic equipment, batteries and scrap vehicles are responsible for their end-of-life environmental impact. Anyone defrauding the system and receiving financial benefit are taking money away from legitimate businesses and funding that should be invested in improving the UK’s recycling infrastructure.
Enquiries so far indicate the fraud suspected by the individuals and companies under investigation has resulted in a multi-million pound financial benefit. The investigations will continue with the evidence seized during last week’s operation.
