The Climate Change (Targeted Greenhouse Gases) Order 2022 will amend the Climate Change Act 2008 and Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations 2021 on a future date, which has yet to be determined.
This legislation will apply across the UK.
What will change?
Nitrogen Trifluoride (NF3) will be designated as a targeted greenhouse gas under Section 24 of the Climate Change Act 2008. 1995 will be set as the base year for this gas.
Greenhouse Gas Definition for Occupational Pension Schemes
Amendments to the Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations 2021 retain the prior definition of a greenhouse gas (excluding NF3) for reporting and governance requirements on occupational pension schemes.
Background
The Climate Change Act 2008, as amended, sets the UK’s legally binding net zero greenhouse emissions reduction target by 2050, based on 1990 levels. Targeted greenhouse gases are those subject to the emissions reduction target and reporting duties.
New publications this month:
DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)
Participating in the UK Emissions Trading Scheme (UK ETS)
A section has been added to this guidance describing how activity level changes as a result of COVID-19 are to be managed.
UK ETS Allocation Table for operators of installations
This allocation table has been updated to reflect activity level changes since the start of the UK ETS scheme.
DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA) AND ENVIRONMENT AGENCY
Packaging waste: prepare for extended producer responsibility
This guidance has been updated. Updates aim to clarify the guidance and improve its readability.
DEFRA AND DEPARTMENT FOR TRANSPORT
Air quality: clean air zone framework for England
This framework has been updated.
OFFICE FOR ENVIRONMENTAL PROTECTION, ENVIRONMENTAL STANDARDS SCOTLAND AND INTERIM ENVIRONMENTAL PROTECTION ASSESSOR FOR WALES
Memorandum of understanding between devolved administrations: environmental protection
This document sets out a framework for a working relationship and co-operation between environmental standards bodies in England, Scotland and Wales. These bodies are responsible for governance functions under the Environment Act 2021.
DEPARTMENT FOR LEVELLING UP, HOUSING AND COMMUNITIES AND DEPARTMENT FOR DIGITAL, CULTURE, MEDIA & SPORT
Infrastructure for electronic communications: Approved Document R
Two volumes of Approved document R have been published, supporting the Building Regulations regime. These documents will apply from 26 December 2022:
ENVIRONMENT AGENCY
River Basin Management Plans: updated 2022
A series of documents have been published in support of the proposed updated River Basin Management Plans (RBMPs) for England.
Regulatory Position Statements (RPSs)
The following RPSs were published or updated during October 2022:
MARINE MANAGEMENT ORGANISATION (MMO)
MMO2030 Strategic Plan
This plan covers seven strategic goals, which are intended to deliver healthy and productive seas and coasts.
MARITIME AND COASTGUARD AGENCY (MCA)
MIN 687 Changes to how individuals can dispose of marine flares
This Marine Information Note (MIN) describes changes to flare disposal services offered by HM Coastguard from 31 December 2022.
FOREST RESEARCH AGENCY
Designing and managing forests and woodlands to reduce flood risk
This practice guide gives advice on how forests, forest management and woodland creation can affect flood flows and flood water storage.
SCOTTISH GOVERNMENT
Local heat and energy efficiency strategies (LHEES) and delivery plans: guidance
LHEES aim to deliver locally-led heat transition initiatives, supporting the Scottish Government’s objective that homes and buildings no longer contribute to climate change by 2045.
SCOTTISH ENVIRONMENTAL PROTECTION AGENCY (SEPA)
Interpretational Guidance on the Best Available Techniques (BAT) Conclusions for Waste Treatment
Guidance is provided on the application and interpretation of the Waste Treatment BREF and BAT Conclusion on waste treatment to facilities in Scotland.
Deposit return scheme guidance
A range of guidance has been issued on complying with the forthcoming deposit return scheme for single use drinks packaging. The deposit return scheme will operate from 16 August 2023, although duties on producers apply from 1 January 2023.
DEPARTMENT OF AGRICULTURE, ENVIRONMENT AND RURAL AFFAIRS (DAERA)
Northern Ireland carbon intensity indicators 2022
These indicators aim to assist the Government in tracking the effectiveness of carbon reduction policies.
Landowner fined after failing to issue and keep waste transfer notes
Fines have been issued against a landowner after she failed to comply with an Environment Agency notice to keep and serve Waste Transfer Notes.
Environment Agency officers attended the woman’s land in Barnsley in October 2020, after an investigation into fly-tipping at a layby near Sleaford, Lincolnshire. A statutory notice issued required her to hand over paperwork supporting the transfer of waste from her land. Environment Agency officers also gave advice on actions she needed to take, including the removal of excess waste and the importance of retaining relevant waste transfer notes for waste that had been removed.
Environment Agency officers returned to the site in June 2021, when they noted that the vast majority of the waste had gone. However, when asked to provide the waste transfer notes, the woman failed to provide any documents in respect of the waste removed between October 2020 and June 2021.
After 12 months the woman provided a single document, but this did not match the waste on her site. It did not provide the information legally required by a transfer note, including the identity of the person removing the waste.
The court heard that the woman had no system for recording waste movements from her site.
Penalty
The woman was fined £729 with costs of £4,579 and a victim surcharge of £72.
Anglian water receives six figure fine following repeated sewer bursts
Anglian water has received a major fine after a pumped sewer burst for the sixth time in several years.
In September 2019, Environment Agency officers were called out to Bourn Brook at Caldecott in Cambridgeshire after sewage was pumped out of the sewer. The incident took place close to Anglian Water’s Bourn Water Recycling Centre. Officers attended after a member of the public notified the Environment Agency that sewage was overflowing.
The sewage was found to be going onto a bridleway and into a ditch, which was a tributary of the Bourn Brook.
The water company reported the incident to the Environment Agency. Officers visited the scene and took samples after it was found that sewage from the sewer had begun to enter the Bourn Brook. Low ammonia and oxygen levels were found in the water, posing a potential risk to wildlife. Despite efforts from Anglian Water to stop the polluted water from spreading, its methods proved insufficient. In total four kilometres of the watercourse were affected for at least five days.
Since 2004 the sewer, which is only 1.5 kilometres long, had burst 6 times. The court found that Anglian Water had been too slow in putting in place potential mitigation measures. Anglian Water only located air valves, designed to reduce stress on the sewer, after the incident took place. However, these valves had been in place for at least 25 years.
Breaches
Anglian Water pleaded guilty to breaching Regulation 12(1)(b) and Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016:
Anglian Water was fined £350,000 with £28,025.66 in costs and a victim surcharge of £181.
Anglesey man fined for illegal felling in North Wales
A man from Anglesey has been ordered to pay a five figure fine for the illegal felling of woodland in Prestatyn.
In December 2021, Natural Resources Wales officers responded to reports that an area of woodland known locally as Tanlan Banks, near Prestatyn, had been felled without a licence.
Investigations found that the man had felled 0.5 hectares of native broadleaf woodland that buffers ancient semi natural woodland. The site was also levelled with rubble and soils. The woodland is a Designated Site of Interest for Nature Conservation by Denbighshire County Council.
Breach
The man pleaded guilty to breaching Section 17(1) of the Forestry Act 1967:
The man was fined £27,679.68 with costs of £9,127.05.
