Climate Greenspace Environmental Legal Update: June 2015


Welcome to the Climate Greenspace Environmental Legal Update: June 2015 monthly email as part of your subscription to Waterman's Greenspace platform. The monthly updates show any:

  • new legal entries added to your register;
  • amendments to legal entries in your register; and
  • legal entries removed from your legal register.

It also contains links to new publications from Government and regulatory bodies and examples of relevant offences, highlighting how legislation is implemented and enforced in practice.
As well as receiving this update by email you will also find it saved on your Greenspace site under the Legal Register > Monthly Updates tab at the top of your Greenspace page.


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

DEPARTMENT OF ENERGY & CLIMATE CHANGE (DECC)

CRC Conversion Factors

A table of conversion factors under the CRC energy efficiency scheme has been published.

 

Information for the Supply Chain on Green Deal Measures

DECC has published a range of documents providing guidance on which energy efficiency improvements qualify for Green Deal Finance and the Energy Companies Obligation (ECO). The Green Deal occupancy assessment process is also covered.

 

The Justification of Practices Involving Ionising Radiation Regulations 2004: guidance on their application and administration                            

This document provides guidance on the Justification of Practices Involving Ionising Radiation Regulations 2004.

 

Electricity Demand Reduction Pilot: Phase II

DECC has published manuals, guidance and forms for organisations applying to the electricity demand reduction pilot.

 

ENVIRONMENT AGENCY

Quality protocols (QPs): rules for all QPs

These rules apply to all application of QPs for waste materials that are processed to a product that no longer constitutes waste.

 

Umbrella climate change agreement for the non-ferrous metals sector

An updated umbrella climate change agreement has been published for the non-ferrous metals sector.

 

Noise impact assessment: information requirements

This guidance document has been updated to reflect the 2014 revision to the BS 4142 standard on industrial noise assessment.

 

Nitrate Vulnerable Zones in England: guidance on complying with the rules for 2013 to 2016

 

CRC Energy Efficiency Scheme

Guidance for CRC Energy Efficiency Scheme: Phase 2 Annual Reporting

This document provides step-by-step guidance on submitting annual reports under the CRC Energy Efficiency Scheme.

 

Guidance for CRC Energy Efficiency Scheme: Payment Options

Guidance is provided on the CRC allowance payment options.

 

NATURAL ENGLAND

Conservation advice packages for Marine Protected Areas

A further five draft advice packages have been published concerning site assessments and managing the impact on marine protected areas.

 

SCOTTISH GOVERNMENT

Scotland's Biodiversity - a route map to 2020

This publication explains that The Route Map sets out six ‘Big Steps for Nature’ and a number of priority projects which need to be completed to help deliver the 2020 Challenge, explained in ‘The 2020 Challenge for Scotland’s Biodiversity’, and to improve the state of nature in Scotland.

 

Scottish Greenhouse Gas Emissions 2013

This publication provides estimates of greenhouse gas emissions in Scotland for the years 1990 to 2013. It provides information on the performance against emissions reduction targets, taking account of trading in carbon units.

 

Planning

Circular 1/2015 - The Relationship between the Statutory Land Use Planning System and Marine Planning and Licencing

This Circular outlines the main legislative requirements of the marine legislation and highlights the requirement for alignment between the marine and terrestrial planning systems.

 

Circular 2/2015 - Consolidated Circular on Non-Domestic Permitted Development Rights

This circular consolidates, updates and replaces certain previous guidance on non-domestic Permitted Development Rights (‘PDRs’).

 

Low Carbon and Renewable Energy

Public Engagement for Sub-20MW Wind Turbine Proposals – Good Practice Guidance

This document provides good practice guidance for local authorities, developers, landowners, community representatives and other relevant stakeholders on public engagement for wind turbine proposals; principally below 20MW generating capacity.

 

Pilot Pentland Firth and Orkney Waters Marine Spatial Plan - Regional Locational Guidance

This guidance provides information to assist developers in the wind, wave and tidal renewable energy industry to choose sites of maximum opportunity that encourage the efficient and streamlined licensing and development of offshore renewables projects and also how to minimise obstacles or barriers to such development.

 

The Heat Policy Statement: Towards Decarbonising Heat: Maximising the Opportunities for Scotland

This policy statement sets out how low carbon heat can reach more householders, business and communities and a clear framework for investment in the future of heat in Scotland.

 
 
 
 
 
 
 
Offences
 
 

Thames Water's £250,000 fine upheld by the Court of Appeal

Thames Water’s fine for allowing pollution of a nature reserve for five days has been upheld. Over five days raw sewage flowed into the reserve polluting a rare alder carr woodland and a specially developed newt pond, killing invertebrates. Despite pollution arising in the first place, Thames Water was found to have delayed in preventing further pollution.

This is the first judgement of the Court of Appeal to consider the 2014 Sentencing Council Guideline for Environmental Offences. The fine must now be proportionate to the profit made by the company. It is emphasized in this case that repeat offending will lead to a substantial increase in the level of fines issued to a level deemed sufficient to financially impact the company as a whole.

                                                        

Oxfordshire companies are fined £21,000 for deposit of illegal waste

An Oxfordshire haulage company owner and the landowner of a mushroom farm have been ordered to pay a total of £21,000 in fines and costs for illegally depositing 3000 tonnes of illegal waste at the farm’s site in Bampton

The Environment Agency alleged that the waste had been mis-described in order to justify its use as a growing medium compost for Mr. Stewart-Wood’s mushroom farm and to avoid higher legitimate disposal fees.

The farmland did not have an environmental permit or the relevant exemption for the waste to be deposited.

The Court found that Mr Stewart Wood and his company Aylesbury Mushroom Farms Ltd had acted recklessly and Stephen Radband had been negligent in committing the offences.

The Court took into account their financial position in fining Frank Stewart Wood and Aylesbury Mushroom Farms Ltd £10,000 and £4,000 pounds respectively and ordered them to pay a contribution of £2,000 each toward the costs of the prosecution.

Stephen Radband was fined £1,600 and ordered to pay £2,000 towards prosecution costs.

  • The companies were charged under Section 33 of the Environmental Protection Act 1990, which makes it is an offence to deposit or knowingly cause or knowingly permit to be deposited (controlled) waste in or on land unless in accordance with the terms of a suitable environmental permit.

                                               

Cullyhanna woman fined £12,500 for fuel laundering waste offences

Officers from the Northern Ireland Environment Agency (NIEA) inspected premises owned by Ms Johnston at Cloghoge Road, Cullyhanna. Approximately 80 tonnes of suspected fuel laundering waste was found alongside fuel laundering plant.

The site did not have a licence, nor was it authorised by the NIEA to store, keep or treat controlled waste.

Ms Johnston pleaded not guilty to three charges under the following Articles of the Waste and Contaminated Land (Northern Ireland) Order 1997 and was fined:

  • £5,000 under one Article 4(1)(a) charge, relating to depositing of controlled waste in or on land unless a waste management licence authorising the deposit is in force and the deposit in accordance with the licence;
  • £5,000 under one Article 4(1)(b) charge, for treating, keeping or disposing of controlled waste or knowingly causing permitting controlled waste to be treated, kept, or disposed of except, of except under and in accordance with a waste management licence; and
  • £2,500 under one Article 5(1)(c)(ii) charge, for failure to transfer a written description of waste to enable other persons to avoid a contravention of that Article and to comply as respects the escape of waste.
 
 
 
 
 
 
Kenny Wintle
e: kenny.wintle@watermangroup.com

Waterman Infrastructure & Environment Ltd
2nd Floor | Cubo | 38 Carver Street | Sheffield | S1 4FS | t: 0114 2298900
Pickfords Wharf | Clink St | London | SE1 9DG, t: 0207 928 7888

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