| Changes for February 2023 - Environmental |
| Pertinent Legislation Amended in February 2023 | |
| CLIMATE CHANGE ACT 2008, AS AMENDED | |
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Recent Publications |
New publications this month: HM GOVERNMENT On 27 February 2023, the Windsor Framework was agreed in principle. Although adoption in the UK is subject to a vote in parliament, the framework proposes a suite of amendments to the Northern Ireland Protocol to simplify the transfer of goods between Great Britain and Northern Ireland. The proposals will establish two routes for goods imported to Northern Ireland from Great Britain:
The framework is supported by a range of commitments, including on phytosanitary and food safety. Internal trade between Northern Ireland and Great Britain will be subject to arbitration, rather than the jurisdiction of the European Court of Justice. A new mechanism, the ‘Stormont Brake’, will allow the UK Government to veto new EU rules from applying in Northern Ireland. This veto may be challenged through independent arbitration mechanisms.
DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA) AND WELSH GOVERNMENT Planned changes to waste exemptions in England and Wales A consultation response details planned changes to the waste exemption and standard rule permit regimes. The Environmental Permitting (England and Wales) Regulations 2016 are due to be amended to apply these changes in 2024. A range of transitional periods will apply once the amendments come into force, allowing existing holders of removed or altered exemptions a set period to obtain an environmental permit for these activities. Exemptions for Removal The following exemptions will be withdrawn, on a future date to be confirmed.
Sites undertaking permitted waste operations will no longer be allowed to register and undertake exempt waste activities. Changes to Exemptions Stricter conditions will be applied on the following waste exemptions:
Other changes
DEFRA The Great Britain invasive non-native species strategy: 2022 to 2030 An updated strategy has been published, regarding actions to be taken to prevent the introduction and spread of non-native species and to eradicate and/or manage those already present. This strategy has been prepared jointly by the UK, Scottish and Welsh governments.
This guidance now reflects that a Class C clean air zone is now in operation in Sheffield.
Sell biodiversity units as a land manager This guidance is targeted towards landowners and land managers and states how they may sell off-site biodiversity units to developers.
ENVIRONMENT AGENCY, DEFRA AND NATURAL ENGLAND How to stop Japanese knotweed from spreading Updates provide instructions on identifying Japanese knotweed and links to the respective guidance in Wales, Scotland and Northern Ireland.
DEFRA AND NATURAL ENGLAND Understanding biodiversity net gain This new guidance concerns what biodiversity net gain is and how it will affect land managers, developers and local planning authorities. Biodiversity net gain will apply to non-exempt developments under the Town and Country Planning Act 1990 from November 2023. It will apply to small sites from April 2024.
Biodiversity metric: calculate the biodiversity net gain of a project or development This guidance has been updated to reflect changes to legislation and the application of the planned metrics: biodiversity metric 4.0 is anticipated to be mandatory from November 2023 and the small sites metric is expected to be mandatory from April 2024.
Combining environmental payments: biodiversity net gain (BNG) and nutrient mitigation Guidance is provided on how land managers may combine biodiversity units and nutrient credits for sale alongside other environmental payments.
DEPARTMENT FOR LEVELLING UP, HOUSING AND COMMUNITIES AND MINISTRY OF HOUSING, COMMUNITIES & LOCAL GOVERNMENT Conservation of fuel and power: Approved Document L Approved document L Volume 1 and Volume 2 have been updated to confirm CO2 emissions factors to be used when calculating the dwelling and building emission rate. The amendments also reflect the performance standards for dwellings and buildings connected to district heat networks.
RURAL PAYMENTS AGENCY, DEFRA, FORESTRY COMMISSION AND NATURAL ENGLAND Countryside Stewardship: get funding to protect and improve the land you manage Updates to this guidance reflect the opening of the Countryside Stewardship Higher Tier grant to applications.
DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS) Heat network optimisation guidance videos Eight new videos provide guidance on optimising heat networks.
ENVIRONMENT AGENCY This tool supports the transfrontier shipment of waste. It has been updated to improve accessibility.
T27 waste exemption: treatment of sheep dip using organophosphate-degrading enzyme This guidance has been updated, reflecting that there is currently no approved enzyme available and therefore this exemption may not be used.
Regulatory Position Statements (RPSs) The following RPSs were published or updated during February 2023:
NATURAL ENGLAND Annual report of enforcement activity for 2018 to 2022 This report concerns recent enforcement activity by Natural England.
FORESTRY COMMISSION Managing oak processionary moth in England This guidance now includes updated information.
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Offences |
Two companies make chartable payment for recycling failure The Environmental Agency has accepted enforcement undertaking offers from two Solihull based companies (G&Z Trading ltd and Unielectronics Ltd). These companies will make financial contributions to the Birmingham Botanical Garden’s Alan King Alpine Garden project after they failed to register as a packaging producer and to take the appropriate steps to recover and recycle packaging waste under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007. Unielectronics Ltd imported print and ink cartridges and became obligated under the 2007 Regulations in the 2014 registration year, but did not register until 2018. G&Z Trading ltd first became obligated in the 2017 registration year, but did not register till 2018. Breaches The enforcement undertakings were made in connection with breaches of Regulation 40(1)(a) and Regulation 40(1)(b) to the Producer Responsibility Obligations (Packaging Waste) Regulations 2007:
Enforcement Undertakings An enforcement undertaking is a voluntary offer made by an offender which aims to put right the effects of their offending, impacts on any third parties and ensures the offence cannot happen again. Offers will only be considered for cases where it is not in the public interest to prosecute, the offer addresses the cause and effect of the offence and/or the offer protects, restores or enhances the natural capital of England. Unielectronics Ltd and G&Z Trading Ltd made a financial contribution of £5,060 and £1,000 respectively to Birmingham Botanical Gardens.
Essex man given prison sentence for waste crimes A man has been found guilty of using a lorry to dump brick rubble, soil and plastic at a business park in Dartford in February 2017. The firms at the business park paid out more than £3,000 to have the waste removed. CCTV footage identified the lorry, which was registered to the man. The lorry was found abandoned by police a week after the incident. Environmental crime officers interviewed the man under caution, however the man answered “no comment” to every question. The Environment Agency told the court that the actions taken by the man allowed him to avoid fees and taxes associated with lawful disposal and interfered with legitimate activities by the users and business owners of the industrial estate. Breaches The man was charged with breaching Section 33(5) and Section 34(1)and (6) of the Environmental Protection Act 1990:
Penalty The man received a 16-month prison sentence; with 14 months for the waste offences, a month for failing to give himself up at an earlier court hearing and a month for being subject to a suspended sentence for driving whilst disqualified when the waste was dumped. The man was also ordered to pay £6,000 in costs.
SEPA appeals for information to tackle illegal waste operators in Renfrewshire In a joint effort with Scottish Police, Revenue Scotland and the HMRC, SEPA inspections were completed in the Johnstone area on 21 February 2023. This accompanies appeals to the local residents and businesses as part of an ongoing investigation into waste crimes in the area. Fly-tipping is not only unsightly but can have a negative impact on the environment through the release of harmful gases and liquids as the waste degrades. Households and businesses have a duty to ensure the waste they produce is disposed of legally. Penalties Available Consequences to those convicted of fly-tipping includes fines and imprisonment. SEPA can also issue variable monetary penalties of up to £40,000. Relevant Legislation Under the Environmental Protection Act 1990, controlled waste must only be transferred to authorised persons (e.g. a registered waste carrier and licensed waste management company) and such transfers must be subject to compliant documentation. Wastes must be stored in a suitable manner to prevent releases or harm. |