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Preview Email
October 2015
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
Recent Publications

New publications this month:

EU

Report from the Commission to the European Parliament and the Council: The Mid-Term Review of the EU Biodiversity to 2020.

The European Commission adopted an EU biodiversity strategy to 2020, with the headline being to ‘halt the loss of biodiversity and ecosystem services by 2020, to restore ecosystems in so far as is feasible, and to step up the EU contribution to averting global biodiversity loss’ This implements the Convention on Biological Diversity.

This mid-term review shows that the 2020 biodiversity targets can only be reached if implementation and enforcement efforts become considerably bolder and more ambitious. At the current rate of implementation, biodiversity loss and the degradation of ecosystem services will continue.

Achieving the 2020 biodiversity objectives will require:

  • strong partnerships and the full engagement and efforts from key actors at all levels and,

  • more effective integration with a wide range of policies, by setting coherent priorities underpinned by adequate funding — in particular in the sectors of agriculture and forestry which together account for 80% of land use in the EU, as well as marine, fisheries and regional development

This will help to ensure that the principles included in the policy frameworks are fully reflected on the ground.

REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT On the implementation of the European Energy Programme for Recovery and the European Energy Efficiency Fund.

This publication reports the progress made in implementing the projects and the European Energy Efficiency Fund (EEE F).

COMMISSION STAFF WORKING DOCUMENT Data on the budgetary and technical implementation of the European Energy Programme for Recovery Accompanying the document REPORT FROM THE COMMISISON TO THE EUROPEAN PARLIAMENT AND COUNCIL on the Implementation of the European Energy Programme for Recovery and the European Energy Efficiency Fund

This publication provides data on the budgetary and technical implementation of the European Energy Programme for Recovery. At the end of June 2015, 34 projects out of 59 were fully completed, and a total amount of € 1,860,487,739 has been paid to the beneficiaries.

ENVIRONMENT AGENCY

Environment Agency enforcement, sanctions and offences: Enforcement and sanctions guidance updated to version 4

This document replaces the Environment Agency’s enforcement and prosecution policy. It explains how the Environment Agency (EA) makes enforcement decisions, the types of tools available and associated processes. This may range, for example, from providing advice and guidance through to prosecution.

Comply with the Energy Savings Opportunity Scheme (ESOS): New version 4 of document

This updated document now includes the enforcement position and a link to the Environment Agency's Enforcement and Sanctions Guidance.

This guidance gives a comprehensive overview of ESOS. It details:

  • which organisations qualify for this mandatory scheme

  • what qualifying organisations need to do to comply

  • how organisations should notify the Environment Agency that they are compliant

  • when the compliance deadline is

  • what the penalties are for not complying

Water management: apply for a water abstraction or impoundment licence

The Environment Agency has provided guidance on how to apply for a water abstraction or impoundment licence. They also provide the forms that must be used within this guidance.

Collecting and storing sewage at marinas and lock sites

This publication is a regulatory position statement (RPS). If you comply with the requirements in this document you can store sewage effluent from boats pending its disposal elsewhere.

Hydropower schemes: guidelines and applying for permission

The Environment Agency has provided guidance which aims to help develop an individual’s understanding on what needs to be done when developing a hydropower scheme.

Developers: get environmental advice on your planning proposals

This guidance provides advice on on planning applications and applications for nationally significant infrastructure projects.

Abstraction charges scheme

This document provides guidance on the regional charges (standard unit charges and environmental improvement unit charges) for abstraction licences for April 2015 to March 2016

River Thames: conditions, closures, restrictions and lock closures

Thus documents provides guidance as to the conditions of the River Thames, when it will be closed or restricted and when lock closures will take place.

Reservoir owners or operators: Contact details for engineers on the Supervising Engineer Panel

As a reservoir owner or operator you are required to appoint a panel engineer for large raised reservoirs, including those classed as ‘high-risk’. This document provides an updated Supervising Engineer Panel list which removes expired engineers.

Using manufactured topsoil for recovery operations

This Regulatory Position Statement sets out the conditions required for manufactured soils to be used without a permit.

Anglian waterways: river conditions, closures and restrictions

This document issues Strong Stream Advice (SSA) to inform river users when river levels are increasing and when locks are being prepared to discharge flood water.

Flood risk assessment for planning applications

This document provides guidance as to when a flood risk assessment would be needed as part of your planning application, how to do one and how it's processed.

Prevent fish or shellfish diseases

This is a document which provides guidance on how to reduce the risk of fish or shellfish disease, find out where notifiable diseases have been found and what to do if your fish or shellfish have a disease.

River Thames accommodation licence: corporate tariff

This document states that you need a River Thames accommodation licence for any structure on, in or over the river or cut into the river bank. Examples of a structure are jetties, pontoons, docks and slipways. This tariff applies to all accommodation licences granted to corporate bodies of any kind

River Thames accommodation licence: private tariff

You need a River Thames accommodation licence for any structure on, in or over the river or cut into the river bank. Examples of a structure are jetties, pontoons, docks and slipways. This tariff applies to all licences for private accommodations in, on or over the river, cut into the river bank or on Environment Agency owned towpath land.

Developers: get environmental advice on your planning proposals

The document provides advice on planning applications and applications for nationally significant infrastructure projects. This guide applies to all developers and transport promoters.

New report added: Radioactivity in food and the environment 2014, RIFE 20

Radiation levels in the UK are monitored regularly and they are monitored by the Radioactive Incident Monitoring Network (RIMNET), the Environment Agency, Public Health England, the Scottish Environment Protection Agency (SEPA) and operators of nuclear sites. This document explains the new report that has been added to the guidance.

SCOTTISH GOVERNMENT

The Scottish Greenhouse Gas Emissions Annual Target 2013  

This is a report required under the Climate Change (Scotland) Act 2009. It provides detail on the annual climate change emissions reduction targets.

The Scottish Report on Progress towards Meeting the Interim Target

This is a report required under the Climate Change (Scotland) Act 2009. It provides detail on progress towards meeting the interim target as outlined in the Climate Change (Scotland) Act 2009.

 
Offences

Man guilty of hazardous waste activity at Nottingham waste site

On 21 October 2015, Mr Martin Salmon of Western Boulevard, Nottingham pleaded guilty in Nottingham Magistrates Court and was ordered to pay compensation to the landowner of £20,000, a contribution to Environment Agency legal costs of £2,000 and a victim surcharge of £120. He also received a fine of £2,000 for depositing hazardous waste, namely asbestos, without an appropriate environmental permit to authorise such activity.

In January 2013, Mr Salmon was found to have deposited hazardous waste at the site on Poulton Drive and it was agreed that he would remove this waste by March 2013, as his permit did not allow him to accept this type of waste. However, in January 2013, Mr Salmon stopped trading and abandoned the site, leaving it full of asbestos and other hazardous waste. This was subsequently cleared by the landowner at an expense of over £50,000.

Since the site was abandoned, Environment Agency officers made repeated attempts to try and contact Mr Salmon but were unable to locate him. He also failed to notify the Environment Agency of his change of address as required to do by the conditions of the permit.

Mr Salmon failed to appear in court for the first hearing which was scheduled for 17 June 2015 so a warrant was issued for his arrest. He was arrested on 27 August 2015 and was bailed to appear before Nottingham Magistrates Court on 23 September 2015, although the case was adjourned until 21 October 2015 in order for Mr Salmon to seek independent legal advice.

Two sentenced for illegal waste crimes

Two men have been sentenced after a Gateshead compound was used to illegally store and burn waste.

Tony Smith, 22, of Pensher Street East in Felling, Gateshead, and Barry Howourth, 53, of Chaucer Close in Gateshead, appeared at Gateshead Magistrates’ Court on Wednesday, September 30 for sentence.

Smith previously pleaded guilty to three offences of operating an illegal waste site dating from March 23, 2014. He was sentenced to a 12-month community order with 12 months supervision and 200 hours of unpaid work in the community. He must also pay £1,000 costs.

Howourth previously pleaded guilty to two offences of knowingly permitting the operation of an illegal waste site dating from May 22, 2014. He was fined £1,200 and ordered to pay £1,000 costs.

Evidence was seen of the storage and breaking of scrap vehicles and mixed waste being stored and burned at the site. On March 24, 2014, Environment Agency officers attended the site, witnessing mixed construction waste, wood, garden waste as well as household goods such as a freezer and washing machine. A number of scrap vehicles were also on the site.

During the following weeks, several visits were made to the site where evidence was found of waste being burned illegally. Despite repeated warnings and enforcement action from Environment Agency officers, activities continued at the site for a numb.

In the course of their investigation, Smith was obstructive towards Environment Agency officers and in April this year he was given a six-month conditional discharge and ordered to pay £100 costs and a £15 victim surcharge for two counts of intentionally obstructing an environment officer. er of months.

Lothian man sentenced to community payback order for illegal waste activity

James Cunningham pled guilty to depositing or knowingly causing or permitting the deposit of controlled waste and of keeping or knowingly permitting controlled waste namely mixed construction and demolition waste to be kept at his site at Clippens Yards, Straiton Road, Loanhead, Midlothian without a Waste Management Licence. The matter was reported to the Procurator Fiscal by the Scottish Environment Protection Agency (SEPA).

On 24 November 2010, Mr Cunningham assumed sole responsibility for the site, and the waste that was there from a previous business.

Mr Cunningham was subsequently given permission by SEPA to process the existing waste on site to remove recyclable material, and therefore reduce the quantity of waste required to be sent to landfill.  It was made clear to Mr Cunningham that no additional waste could be brought onto the site as there was no Waste Management Licence in place.

However, when SEPA officers visited the site it became clear that not only was there very little waste leaving the site, but more was being brought on.

He was in breach of the Environmental Protection Act 1990, Section 33(1) (a) and (b)(i) and (6)

Consequently, he was sentenced to a community payback order of 180 hours at Edinburgh Sheriff Court on 14 October 2015.

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