New publications this month:
DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS), PRIME MINISTERS OFFICE AND 10 DOWNING STREET
The ten point plan for a green industrial revolution
A plan published in November 2020 describes ten broad themes for action across the UK to achieve the 2050 net zero emission commitment. The points are as follows:
DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)
Ozone-depleting substances (ODS)
This document has been updated to provide details of restrictions on and duties regarding specific types of ODSs. For example, this reflects that HCFCs (such as R22) may no longer be used in new equipment or for servicing equipment, although equipment containing HCFCs may continue to be used
Critical uses of halons
This guidance has been updated to remove critical uses where the decommissioning deadline has now passed.
Using animal by-products at compost and biogas sites
Updated guidance is provided on when EU standards must be met for this activity.
DEFRA AND NATURAL ENGLAND
General licences for wildlife management
During November 2020 a large number of general licences were updated or published. These should be reviewed, where they have been relied on in the past or are likely to be applied in the future.
DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)
Managing Your Climate Change Agreements
This guidance has been updated to include buy-out fees for target periods 3, 4 and 5 (should targets fail to be met). The climate change agreement reporting table has also been updated, reflecting the extension of the scheme, which added a further target period (5) between 1 January 2021 and 31 December 2022.
Smart meter guidance for domestic new builds
Guidance is provided to builders, architects and persons specifying metering locations in new build domestic premises.
ENVIRONMENT AGENCY
Infiltration systems: groundwater risk assessments
This guidance is updated to make it clear that non-domestic discharge rates for sewage must be estimated using combined different sources of flow in the premises.
SR2020 No 1: storage of PAS 107 certified clean cut tyre shred and chip at a port
This standard rules permit provides a lighter touch and cheaper route to arranging an environmental permit for this activity.
Regulatory Position Statements (RPSs)
The following RPSs were published or updated during November 2020:
NATURAL ENGLAND
Class licences for wildlife management
The majority of class licences applicable in England were updated during November 2020. These should be reviewed where potentially of interest to your organisation.
Prepare a planning proposal to avoid harm or disturbance to protected species
Guidance has been published on preparing planning applications where protected species are on or near the proposed development site.
Great crested newts: advice for local planning authorities
Specific guidance is given on assessing planning applications where great crested newts are on or near a proposed development site.
FORESTRY COMMISSION
Priority open habitats and woodland creation: A field guide
Guidance is provided on priority open habitats most likely to need consideration when planning and during the assessment of woodland creation proposals.
SCOTTISH ENVIRONMENT PROTECTION AGENCY (SEPA)
Water Use Guidance: Construction Regulatory Guide
This new document provides guidance on regulatory controls applicable to construction projects affecting the water environment.
SCOTTISH GOVERNMENT
Offshore wind policy statement
This statement states the Scottish Government’s ambitions for the future of offshore wind in Scotland.
Radioactive substances legislation - scope: guidance
Guidance is provided on radioactive substances activities outside the scope of the Environmental Authorisations (Scotland) Regulations 2018.
Company fined for illegal abstraction activities
A company in Ely has been fined after it was found to have repeatedly broken the law by abstracting water for its potato crop.
The illegal abstractions happened when restrictions were in place following months of extremely dry weather. The abstractions occurred at a number of locations in Cambridgeshire between 29 June and 20 July 2018. Another breach was observed in July 2019 at Ramsey St Mary’s.
The company repeated the crime less than a year later, illegally abstracting more water despite knowing they were already under investigation for the previous breaches.
The court heard how, on 1 occasion, the company illegally took more than 5 million litres of water. On another visit a pump was running for 8 hours because no one from the company could attend to turn it off.
Following this visit, when a total ban on abstraction was in place, an Environment Agency officer observed badly connected abstraction pipes wasting water.
Although the Environment Agency left a warning notice on the company’s equipment and providing advice and guidance, the company continued to undertake these actions.
Environment Agency Officers and officers of the internal drainage board witnessed illegal abstractions six times. Each time, the company either had no licence to abstract or broke the conditions of their licence by abstracting when restrictions were in force.
Penalty
Dennis (Haddenham) Limited was fined £4,000, with costs of £3,680 and a victim surcharge of £181.
Tobacco product supplier fined for breaching packaging waste obligations
A supplier of tobacco products has entered into an enforcement undertaking after it failed to comply with the Producer Responsibility Obligations (Packaging Waste) Regulations 2007.
The company had failed to register as a packaging producer during 2014. This meant it failed to finance the recovery and recycling of waste materials used in the course of its business, as would be required of registered companies.
As an alternative to prosecution, Philip Morris Limited made an enforcement undertaking offer to the Environment Agency, which was accepted. To agree this type of civil sanction, the Environment Agency must be satisfied the offender will make changes to its operations, to prevent future breaches.
Subsequent Improvements
On discovering the oversight in late 2015, the company registered with the Valpak packaging producer compliance scheme for the 2015 compliance year and submitted an enforcement undertaking offer for the year that was missed. It worked with Valpak to make a pro-rata calculation of the amount of packaging handled to determine the financial value of its enforcement undertaking.
The company has now incorporated responsibility for complying with the packaging regulations into the role of the Supply Chain Analyst. It also has a written methodology and employs the services of Valpak to ensure that its packaging data is accurately recorded and reported.
Enforcement Undertaking
As part of the enforcement undertaking, the company paid £3,438.11 to the Trees for Cities charity. The company also paid enforcement costs, including those of the Environment Agency.
The money donated will go to supporting the work of the charity, which has completed 34 planting projects in 26 cities.
Illegally exported waste returned from Sri Lanka
A consignment of 21 containers illegally exported to Sri Lanka arrived back in England on 28 October 2020.
The containers were shipped to Sri Lanka in 2017. Local authorities found that these containers contained illegal materials (described as mattresses and carpets) that had been exported for reuse.
With the shipment now back in England, Environment Agency officers will seek to confirm the types of waste illegally shipped and who exported it. Those responsible could face a custodial sentence of up to two years, an unlimited fine, and the recovery of money and assets gained through the course of their criminal activity.
In 2018/19 the EA prevented nearly 13,000 tonnes of waste from leaving England which were destined for illegal export around the world, with officers working closely with Border Force, HMRC, police forces and environmental regulators in Scotland, Wales and Northern Ireland to target and disrupt those who try to export waste illegally to other countries.
To clamp down further on illegal waste exports, the Department for Environment, Food & Rural Affairs intends to bring forward key regulatory reforms through measures including:
