Climate News Greenspace Demo - Climate Space Greenspace Climate Update: January 2022


Welcome to the Climate News Greenspace Demo - Climate Space Greenspace Climate Update: January 2022 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.


 
 
 
 
 

 
Pertinent Legislation Amended in January 2022
 
 
CLIMATE CHANGE ACT 2008, AS AMENDED
 
 
 
 
 

The Carbon Accounting (Provision for 2020) Regulations 2022 are due to come into force on 15 February 2022 and will apply across the UK.

What will change?

The Carbon Accounting (Provision for 2020) Regulations 2022 apply rules for the UK’s net carbon account in 2020. This determines debits and credits from the carbon account, including for domestic aviation.This process determines whether emissions reductions targets for 2020 under the Climate Change Act 2008 have been met.

Duties under these regulations fall on the UK government, rather than organisations in the private or voluntary sectors.

 
 
 
 
 
Recent Publications
 
 

New publications this month:

DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)

UK Climate Change Risk Assessment 2022

UK-wide climate-related risks and opportunities are set out. Eight priority areas for action are defined for the period between 2022 and 2024:

  1. risks to the viability and diversity of terrestrial and freshwater habitats and species from multiple hazards
  2. risks to soil health from increased flooding and drought
  3. risks to natural carbon stores and sequestration from multiple hazards
  4. risks to crops, livestock and commercial trees from multiple climate hazards
  5. risks to supply of food, goods and vital services due to climate-related collapse of supply chains and distribution networks
  6. risks to people and the economy from climate-related failure of the power system
  7. risks to human health, wellbeing and productivity from increased exposure to heat in homes and other buildings
  8. multiple risks to the UK from climate change impacts overseas

 

Room in roof insulation (RIRI): best practice

Best practice guidance has been issued on the application of internal thermal upgrades to roofs.

 

Hydrogen BECCS Innovation Programme

£5 million in funding is offered for proposed hydrogen bioenergy with carbon capture and storage (BECCS) projects.

 

 

ENVIRONMENT AGENCY

Request a resource framework to show when a material has ceased to be waste (England only)

Guidance is provided on ‘resource frameworks’, which will replace the existing system of Quality Protocols. These frameworks aim support the recovery of waste by defining when the material will no longer constitute waste. The development of these frameworks may be requested, but will attract significant fees (more than £40,000) and take at least 12 to 18 months to complete.

 

Waste: export and import

This guidance has been updated and extended.

 

Regulatory Position Statements (RPSs):

RPSs allow specified activities to be undertaken without an environmental permit, provided the attached conditions are met. The following RPSs were published or updated during January 2022:

 

Low Risk Waste Positions (LWRPs)

LWRPs authorise certain waste activities without requiring an environmental permit for a waste operations. The attached conditions must be met. The following LWRPs were published in January 2022:

 

 

FORESTRY COMMISSION

Woodland Creation Case Studies: Helping local authorities respond to the climate emergency

Guidance is provided on how local authorities may use woodland creation to meet net zero ambitions.

 

Oak Processionary Moth

Guidance was published on the management of this pest of oak trees during January 2022.

 

 

NATURAL ENGLAND

Protected species and development: advice for local planning authorities

Species standing advice documents have been updated. These documents material planning considerations for decisions when there are protected species on or near a proposed development site:

 

Ancient woodland, ancient trees and veteran trees: advice for making planning decisions

Advice is given on the assessment of planning applications when there are ancient woodland, ancient trees or veteran trees on or near a proposed development site.

 

European protected species policies for mitigation licences

Four European Protected Species (EPS) policies are defined for development sites. These may allow survey, mitigation or compensation methods to be revised when conditions are met.

 
 
 
 
 
 
 
Offences
 
 

Tyneside waste offenders sentenced

Two business partners have been sentenced in connection with a string of waste offences.

The business, known as both NE1 Waste Management and NE1 Garden and Waste Services, was issued a waste carrier’s licence on 23 July 2020, which is a legal requirement for anyone transporting waste. Carriers must also keep records of waste types and quantities, and the place the waste is taken must be legally authorised to accept it.

Newcastle City Council Enforcement Officers traced fly-tipped waste on four occasions across the city. The waste was traced back to people who had paid for waste removal services from the pair via their Facebook page

In August 2020 the Environment Agency was alerted by the council that NE1 Garden and Waste Services had leased a derelict former scrapyard at Walker Road and waste was being deposited there. They registered a waste exemption for the site, which means limited activity can take place without the need for an environmental permit. However, an Environment Agency visit revealed the activities were outside of the exemption. The pair were told to stop all activity at the site immediately.

The pair were given until 21 September 2020 to clear the site of waste. During two occasions in September 2020, Tyne and Wear Fire and Rescue Service attended fires at the site.

Further checks by the Environment Agency revealed new deposits of waste. One of the partners blamed fly-tippers for breaking in and dumping some of the waste in the yard.

In October 2020, the Environment Agency issued a notice to again clear the site of the deposited waste. The following month both partners were given notice to produce the legally required waste transfer notes for waste taken by them to the site at Byker. No notes were produced.

Penalty

The first partner was fined a total of £100, sentenced to a 12 month community order to include 25 days of rehabilitation and ordered to pay a victim surcharge of £95.

The second partner was fined a total of £100, sentenced to a 12 month community order to include 20 days of rehabilitation and ordered to pay a victim surcharge of £95.

 

 

Enforcement undertaking accepted from landfill operator following nuisance odours

The Environment Agency has accepted a voluntary offer of an enforcement undertaking as an alternative to prosecution.

Suez UK Environment Limited had breached the conditions of its environmental permit. The Environment Agency was made aware of nuisance odours at the landfill site in 2015 following thousands of complaints to its national incident hotline. Further investigations found that the cause of the odours was due to excessive landfill gas emissions from rotting waste.

Enforcement action was taken by the Environment Agency, requiring Suez UK Environment Ltd to take immediate action to improve its method of capturing landfill gas and to work towards a full site closure in 2017.

Enforcement undertaking

The enforcement undertaking payment of £75,000 will support eight different projects across the North East, with benefits including supporting wildlife and conservational projects, schemes to reduce ‘fly-tipping’ and helping local environment and community organisations.

 

 

Man and company fined for waste offences in Newry

Fines have been issued after waste was found to have been kept and deposited without a suitable waste management licence or exemption.

Between November 2014 and August 2016, Northern Ireland Environment Agency officers discovered that approximately 30,143 tonnes of controlled waste had been infilled at the site in Jerrettspass, Newry.  An appropriate waste management licence or exemption were not in place.

Waste found included concrete, bricks, electrical wiring, metal, textiles, plastics, timber, breeze blocks and cabling mixed with soil, stones and clay. 

Breaches

The man pleaded guilty to breaching Article 4(1)(a) and Article 4(1)(b) to the Waste and Contaminated Land (Northern Ireland) Order 1997:

  • Article 4(1)(a) prohibits persons from depositing or knowingly causing or permitting the deposit of controlled waste expect under and in accordance with waste management licence.
  • Article 4(1)(b) prohibits undertaking, knowingly causing or permitting treatment, keeping or disposal of controlled waste in or on land or by means of mobile plant except under and in accordance with a waste management licence.

F Mc Parland & Co Ltd also pleaded guilty to breaching Article 4(1)(a).

Penalties

The man was fined £6,000, plus a £15 offender’s levy.

F Mc Parland & Co Ltd was fined £6,000 and a £25.00 offenders levy.

 
 
 
 
 
 
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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