Climate News Greenspace Demo - Climate Space Greenspace Climate Update: October 2021


Welcome to the Climate News Greenspace Demo - Climate Space Greenspace Climate Update: October 2021 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.


 
 
 
 
October 2021
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

New publications this month:

DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)

Net Zero Strategy: Build Back Greener

Policies and proposals are set out to decarbonise the entire UK economy. Measures in the strategy aim to meet the UK’s net zero by 2050 target.

Key policy commitments across the various elements of the strategy are as follows:

Energy

  • UK to be entirely powered by ‘clean’ electricity by 2035, subject to security of supply;
  • £120 million ‘Future Nuclear Enabling Fund’
  • To secure a final investment decision on a large scale nuclear plant by the end of this Parliament;
  • Deploy 40GW of offshore wind by 2030, with 1GW of floating offshore wind by 2030;
  • Reviewing the frequency of Contracts for Difference auctions to accelerate delivery of low-cost renewables; and
  • Deploy flexibility measures, including storage, to address future power price spikes.

Fuel Supply & Hydrogen

  • An Industrial Decarbonisation and Hydrogen Revenue Support Scheme, funding hydrogen and carbon capture business models;
  • Award up to £100 million for up to 250MW of electrolytic hydrogen production capacity in 2023, with a further allocation in 2024;
  • Climate compatibility will be a requirement for all future oil and gas licensing on the UK Continental Shelf; and
  • Regulate the oil and gas sector in a way to minimise greenhouse gases.

Industry

  • The East Coast and Hynet (North West) Clusters will act as economic hubs for green jobs;
  • Future proofing industrial sectors through the Industrial Energy Transformation Fund; and
  • Incentivising cost-effective abatement for industry through emissions caps under the UK ETS.

Heat and Buildings

  • No new gas boilers will be sold from 2035;
  • A three-year boiler upgrade scheme, providing household grants up to £5,000 for low carbon heating systems;
  • £60 million for a ‘Heat Pump Ready’ scheme to support uptake of this technology;
  • Rebalance emissions reduction policy costs from electricity bills to gas bills by the end of 2030;
  • £1.75 billion for the Social Housing Decarbonisation Scheme and Home Upgrade Grants;
  • £1.425 billion for Public Sector Decarbonisation, with a 75% target on emissions reduction from public sector buildings by 2037; and
  • A ‘Hydrogen Village’ trial, informing a decision on hydrogen in the heating system by 2026.

Transport

  • Ending the sale of new petrol and diesel cars by 2030;
  • Requiring that all cars must be zero emissions capable by 2035;
  • £620 million of funding for zero emission vehicle grants and electric vehicle infrastructure;
  • £350 million for the Automotive Transformation Fund, supporting electrification of UK vehicles and supply chains;
  • Expanding zero emission HGV trials;
  • £2 billion on walking and cycling investments and £3 billion on bus services;
  • 4,000 new zero emissions buses and a net zero rail network by 2050, with investment in rail electrification;
  • An objective to remove all diesel-only trains by 2040;
  • Extended trials of clean maritime vessels and infrastructure; and
  • Target that 10% of aviation fuel will be Sustainable Aviation Fuel (SAF) by 2030.

Natural Resources, Waste and Fluorinated Gases

  • Fundings for low-carbon farming;
  • An additional £124 million for the Nature for Climate Fund by 2025;
  • Restore 280,000 hectares of peat in England by 2050;
  • Treble woodland creation rates in England;
  • £75 million on net zero research and development on natural resources, waste and fluorinated gases; and
  • Funding to implement free separate food waste collections for all English households from 2025.

Greenhouse Gas Removals

  • £100 million of funding on Greenhouse Gas Removal innovation; and
  • Explore options for regulatory oversight of Greenhouse Gas removals.

Cross-cutting Actions on Transition

  • £1.5 billion of funding for net zero innovation projects;
  • UK Infrastructure Bank to gather more than £40 billion of investment on low carbon technologies;
  • New Sustainability Disclosures Regime, including mandatory climate-related financial disclosures and a UK green taxonomy (reliably identifying assets that address climate change);
  • Incentivise and equip training providers, employers and learners to transition to net zero; and
  • Publish annual progress updates against key indicators for achieving climate goals.

 

UK Net Zero Research and Innovation Framework

This document provides a guide to research and technologies needed to reach net zero by 2050.

 

Committee on Climate Change’s 2021 progress report: government response

Committee on Climate Change’s Independent Assessment of UK Climate Risk in June 2021 was critical of efforts taken to manage climate risks.  

The Committee on Climate Change’s 2021 progress report: government response provides the government’s response to the assessment report and proposed actions.

 

Heat and buildings strategy

This strategy describes how the UK intends to decarbonise domestic, commercial, industrial and public sector buildings as part of the plan to achieve net zero by 2050.

 

Information about the Heat Pump Ready Programme

This programme aims supports the development of innovative solutions across the heat pump sector and is expected to launch in winter 2021.

 

Revised 2021 UK ETS auction calendar

The UK ETS auction calendar for 2021 was updated on 19 October 2021. This includes the surplus allowances set aside, but not required, for 2021 aviation free allocation entitlements

 

 

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)

Government response to the Climate Change Committee report on progress in adapting to climate change

The UK Government has published its response to the Climate Change Committee’s 2021 report regarding the UK’s progress in reducing emissions and adapting to climate change. This addresses the Committee’s recommendations and outlines where progress has been made.

 

 

DEFRA AND WELSH GOVERNMENT

Duty to provide and protect habitat for wild birds

Guidance on the duty of competent authorities to help to protect wild bird habitats on land at sea and to avoid pollution has been updated

 

 

ENVIRONMENT AGENCY

Adapting to climate change: industry sector examples for your risk assessment

Sector-specific guidance is provided on the preparation of ‘adapting to climate change’ risk assessments when applying for an environmental permit or for sites already subject to a permit:

 

Waste quality protocols review

This update presents the Environment Agency’s progress in reviewing the waste quality protocols. The reviews to date have concluded that the Anaerobic digestate, Compost, Poultry litter ash, Aggregates from inert wastes and Processed fuel oil quality protocols need to be revised.

 

Building lined biobeds in a groundwater source protection zone 1: RPS 140

This regulatory position statement allows the construction of impermeably lined biobeds in a source protection zone 1 without an environmental permit.

 

Social distancing when signing and handing over waste transfer and consignment notes in person: RPS C8

This RPS has been extended until 31 March 2022.

 

Summary of the draft river basin management plans

This document provides an overview of draft river basin management plans in England.

 

 

WELSH GOVERNMENT

Net Zero Wales

This emissions reduction plan covers the second Welsh carbon budget, which runs between 2021 and 2025. The plan aims to deliver reductions consistent with the net zero by 2050 goal. Key ambitions under the plan include:

  • Electricity and heat generation:
    • An additional 1GW of renewable energy capacity by 2025;
    • No new build unabated fossil fuel generation in Wales from 2021;
    • All current unabated gas generation removed by 2035; and
    • Any additional supply will be met from decarbonised power plants from 2035 at the latest.
  • Transport:
    • Reduce emissions from passenger transport by 22% in 2025 against 2019 figures and 98% by 2050;
    • Reduce the number of car miles travelled per person by 10% by 2030;
    • Increase the proportion of trips by sustainable travel mode by 35% by 2025 and 39% by 2030; and
    • By 2025 10% of passenger travel will be by zero emission cars and 48% of new car sales will be zero emission.
  • Residential buildings:
    • Retrofit around 148,000 houses to reduce heat loss by 2025;
    • A 3% increase in the proportion of heat that is electrified by 2025; and
    • All new affordable homes in Wales will be built to net zero carbon by 2025.
  • Industry and Business:
    • A 4% decrease in energy usage in industry by 2025 as a result of energy efficiency; and
    • An increase in electrification in industrial processes by an average of 3% by 2025, with a 3% increase by growing hydrogen.
  • Agriculture:
    • The new Agriculture Bill will support and prepare the sector to transition to a new way of working;
    • 10% of agricultural land will be shared to support tree planting by 2050; and
    • Development of the Sustainable Farming Scheme, introducing low carbon farming practices as scheme requirements to all farms across Wales.
  • Land use, land use change and forestry:
    • A total of 43,000 hectares of new woodland by 2030 and 180,000 hectares by 2050; and
    • Over 3,000 hectares of peatland on a recovery pathway by 2025.
  • Waste management:
    • To become a zero waste nation by 2050;
    • Reducing greenhouse gas emissions from landfill sites by 19% by 2025 (against a 2019 baseline); and
    • Reduce biodegradable waste to landfill as close to zero as possible by 2025.
  • Public Sector:
    • Public sector to be collectively net zero by 2030.

This plan is supported by commitments by the Welsh Government’s partners. These commitments are set out in the Working together to reach net zero: all Wales plan document.

 

 

SCOTTISH GOVERNMENT

Heat in Buildings Strategy - achieving net zero emissions in Scotland's buildings

This document presents the Scottish Government’s vision of how to achieve net zero emissions when heating buildings. Annex A presents a summary of actions under the strategy.

 

 

DEPARTMENT OF AGRICULTURE, ENVIRONMENT AND RURAL AFFAIRS (DAERA)

Carbon intensity indicators published

DAERA has published updated carbon intensity indicators for Northern Ireland.

 
 
 
 
 
 
 
Offences
 
 

Three men banned from acting as company directors following waste offences

Three men from the North East of England have been sentenced after they were found to have allowed unpermitted and misdescribed waste to be deposited on their firm’s land at Bishop Auckland to avoid the costs of legal disposal.

The three men were company directors of the Viridis Group Ltd, which had two environmental permits for a waste transfer station and a soil from waste manufacturing facility in Eldon, Bishop Auckland. The company ceased trading at the end of 2018.

On 21 February 2017, Environment Agency officers visited the site and saw a vehicle attempting to deposit shredded mixed waste next to an area designated as the soil manufacturing facility. Paperwork from the driver described the waste as ‘soil’, which would attract a lower rate of landfill tax. Officers stopped the misdescribed waste from being tipped and noted that around 17,000 cubic metres of shredded waste products, rather than soil, was on site. This was a breach of the company’s permit. The area holding the waste was also not suitably engineered to manage polluting wastes.

Investigations found the waste misdescribed as soil came from Lincolnshire, Lancashire, Staffordshire, Cumbria and Scotland.

In April 2017 the Environment Agency issued an enforcement notice requiring that the illegal waste was removed. This notice was not complied with. In the months that followed the waste started to smell and produce a leachate, impacting on the environment.

breaches

The first man pleaded guilty to failing to comply with an enforcement notice.

The second man pleaded guilty to failing to comply with an enforcement notice and a separate charge of neglecting to ensure the company complied with its own management systems regarding pollution prevention.

A third man, who had previously pleaded guilty to failing to comply with an enforcement notice, consenting to the company not complying with its own management systems in relation to pollution prevention and a third change of consenting to receive and deposit waste not authorised by the permit.

Penalties

The first man was fined £700, ordered to pay costs of more than £5,000 and a £70 victim surcharge.

The second man was fined £1,174, ordered to pay £5,500 in costs and a victim surcharge of £66.

The third man was fined £640, ordered to pay costs of more than £5,000 and a victim surcharge of £34.

All three men were also banned from acting as company directors for five years.

 

 

Enforcement undertaking leads to charity donation by Doncaster manufacturer

Caswick Ltd entered into an enforcement undertaking agreed with the Environment Agency after it was found to have failed to register as a packaging producer and had not taken appropriate steps to recover and recycle its packaging waste.

Caswick Ltd was found to have failed to meet its obligations under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 in 2012, 2014, 2015, 2017, 2018 and 2019. The company manufactures access and sealing products for the drainage and construction industries. Their products include manhole step ladders, manhole entry points and sealant strips.

Enforcement undertakings present an alternative enforcement measure to prosecution or a monetary penalty for a range of environmental offences. The Environment Agency may elect to accept or reject enforcement undertakings offered by individuals or firms who have breached their legal obligations.

Breaches

Caswick Ltd was found to have breached Regulation 40(1)(a) and Regulation 40(1)(b) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 in 2012, 2014, 2015, 2017, 2018 and 2019:

Enforcement Undertaking

The enforcement undertaking consisted of a payment of £7,450 to the Lincolnshire Wildlife Trust, towards its Crowle Nature Reserve and Epworth Nature Reserve projects.

Caswick is now understood to be complying with the Producer Responsibility Obligations (Packaging Waste) Regulations 2007.

 

 

Enforcement undertaking agreed and monetary penalties issued after excessive amounts of sewage sludge were spread on land

An enforcement undertaking has been accepted from a company who spread excessive amounts of sewage sludge on land contrary to the Environmental Permitting (England & Wales) Regulations 2016.

Variable monetary penalties (VMPs) have been issued totalling over £10,000 to two other companies for breaches of the Nitrate Pollution Prevention Regulation 2015.

Breaches of the permitting regime

Sanderson Environmental Ltd was found to have breached conditions of their environmental permits for two fields at Highwood Farm, near Rossington, Doncaster. This follows an investigation which began in 2017.

When officers from the Environment Agency inspected the farm to check that the environmental permits were being complied with, they found excessive amounts of sludge had been imported.

The Environment Agency also found that spreading had occurred to land on a large scale without notification to the Environment Agency. Enquiries revealed that the sewage sludge had not been treated prior to spreading.

When challenged by the Environment Agency officers Sanderson Environmental Ltd eventually stopped operating and all remaining stockpiled sewage sludge was removed. A crop of contaminated peas planted in error by the landowners was destroyed.

Enforcement undertaking

Sanderson Environmental Ltd paid costs of £8,137.36 and made a donation of £30,000 to the Land Trust, a registered charity that works to improve former coalfield sites across Yorkshire.

Breaches of the nitrate pollution prevention regime

As a result of the Environment Agency investigation, two companies who own the fields in question were issued VMPs for breaching legal obligations on the prevention of nitrate pollution prevention.

Penalties

Sutcliffe Farmers Limited paid £7,521.54 and Senviro Limited paid £2,507.73, with each also paying costs of £8,137.63.

A VMP is a proportionate monetary penalty for more serious cases of non-compliance.

 
 
 
 
 
 
Kenny Wintle
e: kenny.wintle@watermangroup.com

Waterman Infrastructure & Environment Ltd
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