New publications this month:
DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA), ENVIRONMENT AGENCY AND NATURAL RESOURCES WALES
Materials facilities: waste sampling and reporting from October 2024
This guidance has been updated to make it clearer which waste materials facilities are in scope and what sampling and reporting is needed. The definition of a ‘materials facility’ has been updated, and now includes specific examples of obligated and non-obligated facilities.
Sampling and reporting duties will apply to further waste materials facilities from 1 October 2024.
DEFRA AND ENVIRONMENT AGENCY
Materials facilities: developing a suitable sampling methodology
This new guidance document outlines sampling methods that must be followed by waste materials facilities.
DEPARTMENT FOR ENERGY SECURITY AND NET ZERO
Heat networks regulation: technical standards
This document concerns upcoming regulatory technical requirements and competency. The technical requirements will be supported by a Heat Network Technical Assurance Scheme (HNTAS) to help heat network operators demonstrate compliance with these requirements.
HM TREASURY
TCFD-aligned disclosure guidance for public sector annual reports
TCFD application guidance for phase 2 of this scheme has been published, following an earlier draft in December 2023.
DEPARTMENT FOR LEVELLING UP, HOUSING & COMMUNITIES AND DEFRA
Fly-tipping: council responsibilities
This guidance now reflects that the Environment Agency has a role in enforcing large-scale or hazardous waste fly-tipping.
NATURAL ENGLAND, ENVIRONMENT AGENCY AND DEFRA
Developers: get environmental advice on your planning proposals
This document now reflects that the Environment Agency and Natural England can charge fees for advice on Nationally Significant Infrastructure Project applications.
ENVIRONMENT AGENCY
ESOS Newsletter – March 2024
This edition of the newsletter announced that the Manage your Energy Savings Opportunity Scheme (MESOS) reporting system went live on 19 March 2024. The initial launch allows obligated companies to register their ESOS Phase 3 user and organisational accounts. A second launch, planned in the second half of April 2024, will enable participants to complete their notifications of compliance.
Due to the delayed MESOS platform, the Environment Agency and devolved administration regulators have announced that enforcement action will not be taken against participants that submit their notification of compliance by 6 August 2024, provided that they have registered their account on MESOS by 5 June 2024.
Monitoring stack emissions: standards for continuous monitoring and sampling
This new guidance document collects mandatory standards for the continuous monitoring and sampling of stack emissions and quality assurance obligations, including calibration.
Monitoring stack emissions: low risk MCPs and specified generators
The email address referenced within this guidance has been updated to MCPReturns@environment-agency.gov.uk.
Environmental permitting: air dispersion modelling reports
Further information is included on what the Environment Agency expects from applicants carrying out air dispersion modelling for processes involving emerging technologies.
Low risk waste positions: landspreading
Low risk waste position LRWP 61 (Storing and spreading biochar to benefit land) now includes 03 01 05 (untreated sawdust, wood shavings and wood cuttings).
Environment Agency (greenhouse gas emissions) charging scheme
UK ETS fees between 1 April 2024 and 31 March 2025 are stated.
Hydrogen production by electrolysis of water: emerging techniques
Guidance is provided on emerging techniques for hydrogen production through the electrolysis of water. This process requires an environmental permit as an inorganic chemicals production activity.
Waste: export and import
This guidance has been updated to improve its clarity and to provide current information on fees applicable to transfrontier shipment of waste.
Renew a water abstraction licence
Information is now provided on renewing part of abstraction licences.
Regulatory Position Statements (RPSs):
The following RPSs were published or updated during March 2024:
DEPARTMENT FOR TRANSPORT
Future of Flight action plan
This strategy proposes policies for the period up to 2030 with an objective of delivering a sustainable and successful flight ecosystem for the UK.
NATURAL RESOURCES WALES
Felling licences and permits
Natural Resources Wales’ guidance on felling licences has been updated to reflect revised powers in Wales from 1 April 2024. This regulator can now add conditions to licences, suspend, amend or revoke felling licences in Wales.
Cornish man sentenced for waste crimes
A man has been ordered to pay a five figure sum for crimes he was convicted of more than 12 years ago, after he had previously only paid £100. This case was brought by the Environment Agency under the Proceeds of Crime Act 2002.
In August 2011, the man was convicted of six offences related to illegally depositing controlled waste at sites near Newbridge, Gweek and in St Ives in Cornwall. The man received a suspended prison sentence and was subject to a confiscation order. Though the man had made £50,000 through his crimes, at the time of his conviction he was bankrupt and had only £100 to his name and was ordered to pay that in recompense.
Since the 2011 conviction, the man inherited property and his case was brought back to court in March 2024. This follows an investigation by the Environment Agency’s Economic Crime Unit for reconsideration of the confiscation order. The man stated that his home was owned by a trust, but it was shown he was a trustee of that trust, with access to more than £700,000 in assets.
The man now runs a haulage company, with three main contracts that are worth over £200,000. The man also owns vehicles worth a total of nearly £60,000.
Confiscation order
The man was ordered to pay £49,900 for a confiscation order plus £5,000 in costs. The sum has to be paid within three months or he will be sent to prison for 12 months.
More than £1.7 million in enforcement undertakings agreed across Yorkshire in 2023
The Environment Agency has published data on its enforcement undertakings across Yorkshire over the 2023 calendar year. A total of £1,718,128.19 went to environmental charities through a total of nine undertakings.
Enforcement undertakings allow companies or individuals to voluntarily offer to take action, pay the Environment Agency’s costs and make donations to environmental charities to deliver environmental improvements locally.
Enforcement undertakings
Examples of the enforcement undertakings include:
Man guilty of destroying three bat roosts
A builder from Caerphilly has been sentenced for illegally removing a roof at a property in Gelligaer in Caerphilly, destroying three separate bat roosts where protected Common, Soprano Pipistrelles and Whiskered bats were known to be roosting.
A full ecological survey completed by an independent ecologist employed by the owner of the house had showed that the bat roosts were present. All three species are priority species in the UK and Europe and are protected by both UK and European Wildlife law.
The presence of the bats meant that the roof of the building could not be removed without a European Protected Species Licence and appropriate mitigation. The builder failed to apply for the licence from Natural Resources Wales before removing the roof.
The man argued that a breakdown in communication between himself and the house owner had resulted in the roof removal taking place too early. He also stated that despite removing the entire roof, the bats had now returned and that the bats had thus not been harmed.
The lack of a licence ensured that no ecological support during the roof removal was in place. The presence of an ecologist during the roof removal would have been able to carefully monitor and ensure the safety of any more bats that may have been present, protecting any bats still in situ.
Breach
The man pleaded guilty to breaching the Conservation of Habitats and Species Regulations 2017, as amended.
Penalty
The builder received a 12-month conditional discharge and was ordered to pay costs of £111.00.
