New publications this month:

HM GOVERNMENT

Windsor Framework

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:

• A ‘Green lane’ for goods to be internally traded within the UK only. This will apply to goods that may only be consumed in Northern Ireland. These would be subject to UK-only rules and a new internal market scheme, requiring only commercial information rather than applying the rules on international imports into the EU. Suppliers would need to be able to show the goods will stay in Northern Ireland.
• A ‘Red lane’ for goods that will be or are at risk of supply into the EU (e.g. into the Republic of Ireland), which will remain subject to all checks and requirements applied through EU rules.

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The following exemptions will be withdrawn, on a future date to be confirmed.

• T8 – Mechanically treating end-of-life tyres;
• T9 – Recovery of scrap metal; and
• U16 – Use of depolluted ELVs for parts exemptions.

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:

• U1 – Use of waste in construction;
• T4 – Preparatory treatments;
• T6 – Treatment of waste wood;
• T12 – Manual treatment;
• D7 – Burning of vegetation at the place of production only;
• S1 – Storage in containers; and
• S2 – Storage in a secure place.

Other changes

• A compulsory requirement for operators subject to exemptions to keep and make records available on request;    
• A requirement for operators subject to exemptions to keep records in an electronic format;
• New or updated standard rules permits may be introduced to reflect activities no longer subject to waste exemptions; and
• Changes to waste codes within a range of exemptions for clarity purposes.

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.

Clean air zones

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

Waste exports control tool

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:

• Waste collection authorities contingency planning: RPS 79 (extended to 31 January 2026)
• Temporary community waste collection points: RPS 223 (extended to 31 January 2026)

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.

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:

• Regulation 40(1)(a) makes it an offence not to register as a packaging producer, if obligated.
• Regulation 40(1)(b) makes it an offence for a packaging producer not to meet their recycling obligations in each obligated compliance year.

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:

• Section 33(5) treats persons carrying and depositing waste from a motor vehicle as knowingly causing the waste to be deposited, whether or not they gave any instructions for this to be done.
• Section 34(1) makes it the duty of any person importing, producing, carrying, keeping, treating or disposing of controlled waste, or as a dealer or broker, to take all measures necessary to:
  • meet the duty of care;
  • prevent the waste from escaping; and
  • to ensure waste is not deposited, treated or disposed of in a harmful or unauthorised way.
• Section 34(6) defines fines for breaching section 34(1), (1A), (2A) or (5).

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.