New publications this month:

SCOTTISH ENVIRONMENT PROTECTION AGENCY (SEPA)

Environmental Authorisations (Scotland) Amendment Regulations 2025: Withdrawal of Draft

The forthcoming Environmental Authorisations (Scotland) Amendment Regulations 2025 will bring the regulation of Pollution Prevention and Control (PPC), waste, water and radioactive substances activities into a single permitting regime.

As it was deemed that inadequate consultation was carried out before the publication of the draft regulations, the draft was formally withdrawn on 9 December 2024. Consultations were extended to 13 January 2025 and the draft regulations are due to be relaid in early 2025.

The Environmental Authorisations (Scotland) Amendment Regulations 2025 will come into force no earlier than 1 June 2025.

Small sewage discharges

The registration of septic tanks and small sewage discharges is Scotland may now be undertaken via a new, simplified online service.

Significant changes to the authorisation process in July 2024 include an increase in the maximum number of domestic properties for a small sewage discharges registration, from three to 10, and an increase in the maximum population equivalent (PE) for non-domestic properties that can apply for a registration, from 15 to 50.

HM TREASURY

TCFD-aligned disclosure guidance for public sector annual reports

This guidance now includes phase 3, which requires in-scope reporting entities to include TCFD Strategy recommended disclosures in addition to all information required in phase 1 and 2. Phase 3 reporting duties will apply in 2025/26 annual reports.

HM REVENUE & CUSTOMS (HMRC)

Report Climate Change Levy subsidies to HMRC

Information on how to report climate change levy subsidies to the HMRC has been updated to include details of the online form for VAT-registered businesses.

ENVIRONMENT AGENCY

Manage waste upholstered domestic seating containing POPs

RPS 265 (Temporary storage of waste upholstered domestic seating containing POPs) has been withdrawn.

Choosing waste exemptions for waste management activity

This new guidance concerns the identification, registration and compliance process for waste exemptions in England.

Register your waste exemptions

Guidance is provided on registering waste exemptions in England.

Waste Shipments Regulation (WSR): consolidated waste list

This list consolidates waste description codes used within the transfrontier shipment of waste regime.

When electrical and electronic equipment (EEE) becomes waste (WEEE)

Details of criteria that must be met as part of WEEE collections as part of asset replacement have been updated.

Low risk waste positions: miscellaneous

Low Risk Waste Position LRWP 15 (Storing and bagging spent mushroom compost) has been withdrawn.

Low risk waste positions: furniture and household items

Low Risk Waste Position LRWP 8 (Treating waste carpet and carpet tiles for recovery) has been withdrawn.

National operator waste returns

Further guidance is provided on the contents of returns required for waste or materials facilities.

Check if you need a licence to impound water

Details of the exemption scenario for construction or alteration works authorised by a development consent order have been updated within this guidance.

Packaging producer responsibility monitoring plan 2025

This plan sets out proposed packaging waste regulations compliance monitoring in 2025.

National assessment of flood and coastal erosion risk in England 2024

This updated assessment provides a picture of current and future coastal erosion risk in England. This assessment is based on data from local authorities and the Environment Agency. Online mapping, including the Flood map for planning, is due to be updated in early 2025 to reflect the findings of the assessment.

Assessing and scoring environmental permit and licence compliance

These documents have been expanded to include further information on appealing regulatory decisions, including timeframes for this. The Radioactive substances activities: assessing licence compliance and Waste operations and installations: assessing and scoring environmental compliance documents have also been updated.

Environment Agency enforcement and sanctions policy

This document sets out the Environment Agency’s approach to enforcement and sanctions. The policy now includes references with respect to the UK ETS and Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA).

DEPARTMENT FOR ENERGY SECURITY AND NET ZERO

Clean Power 2030 Action Plan

This plan states details of the planned pathway to deliver a clean electricity system in the UK by 2030, which is defined as a carbon intensity of well below 50gCO2e/kWh. Actions collected include measures to accelerate renewable and nuclear project delivery, improving planning and consenting and supporting grid flexibility.

UK ETS Allocation Table for operators of installations

Details of free allocations of UK ETS allowances have been updated for installation operators to reflect activity level changes.

MARITIME AND COASTGUARD AGENCY (MCA)

The following notes and notices relevant to the environment were published or updated in December 2024:

• MGN 704 (M+F) Prevention of oil pollution: prohibition on the use and carriage for use of heavy fuel oil in arctic waters
• MIN 717 (M+F) Pollution Prevention: Red Sea and Gulf of Aden MARPOL Annex I and V

SCOTTISH GOVERNMENT

New Build Heat Standard (NBHS)

The NBHS requires new buildings to install climate-friendly heating systems instead of oil and gas boilers. Changes on 1 January 2025 concern bioenergy heating systems like wood burners, and peat-burning systems, allowing these to:

• be installed in all new homes and buildings; and
• continue to be used in existing buildings being converted and captured by this Standard.

Scotland's circular economy and waste route map to 2030

This plan sets out 11 priority actions to progress towards a circular economy. Actions include further measures to tackle single-use items, addressing the disposal of unsold goods, improving the reuse experience for consumers and business and to expand business models prolonging product lifespans.

WELSH GOVERNMENT

Building regulations guidance: part J (heat producing appliances)

Amendments to approved document J came into force on 6 January 2025. This document provides guidance on complying with requirements J1 through J7 under the Building Regulations 2010. This includes guidance on ventilation, flues and other requirements for heat producing appliances.

New legislation to address the safety issues caused by Wales’s mining past

The Disused Mine and Quarry Tips (Wales) Bill is planned to create an organisation with responsibility for the management of disused coal and non-coal tips in Wales.

Developments of national significance (DNS): procedural guidance

This document explains the planning application process for DNS developments in Wales.

Water company fined for sewage pollution affecting the Norfolk Broads

Anglian Water has received a six-figure fine for illegally discharging sewage into a watercourse that feeds into the Norfolk Broads Special Area of Conservation (SAC).

On 5 November 2018, an Anglian Water pumping station in Ormesby St Margaret discharged untreated sewage into the Spring Dyke. The Dyke feeds into Ormesby Broad, which is a public water supply and a Site of Special Scientific Interest (SSSI).

Samples taken by the Environment Agency found high levels of ammonia in the polluted water. Thousands of fish were killed and had to be removed. Many more fish were seen in distress, so aerators were installed to prevent further impacts. It took 11 days for the water quality in Spring Dyke to recover.

The overflow of sewage was caused by a blockage of unflushable items in the pumping well. Anglian Water was aware of issues with the pumping station: 10 sewage discharges have occurred since 2003, but the pumping station does not hold an emergency overflow permit.

Breaches

Anglian Water Services Ltd. pleaded guilty breaching Regulation 12(1)(b) and Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016:

• Regulation 12(1)(b) prohibits causing or knowingly permitting a water discharge activity or groundwater activity except under and in accordance with an environmental permit.
• Regulation 38(1)(a) makes it an offence to contravene Regulation 12(1).

Anglian Water has been convicted of 105 offences since 16 November 1990.

Penalty

Anglian Water Services Limited was fined £300,000 plus £21,896.56 costs and a victim surcharge of £171.

Man fined after ‘revenge’ dumping when he went unpaid

A licensed waste operator dumped waste at a Paignton mobile home park in revenge for not being paid for a job there.

On July 2023, the waste operator removed waste from a caravan at the Falcon Park Residential Home Park in Paignton. He invoiced the site owners nearly £6,000 but the company went into liquidation before paying. The man contacted the new site owners (LT Management Services Ltd) who indicated they would try to help secure payment from the liquidators. They also contracted the man’s company with another job on site, paying around £14,900.

The waste operator later sent an email in November to LT Management Services Ltd’s director of operations, stating that if the outstanding debt was not paid he would return and deposit waste on site, as set out in his terms of service. A few days later, after sending harassing texts to a number of people working at the site demanding payment, he carried out his threat.

Waste was dumped on three separate occasions in car parks on the site. It was not the same waste that had been removed from site originally, but from other places including a house clearance, building waste, roof tiles confirmed by laboratory testing as containing asbestos, food waste, garden furniture, black sacks, a mattress, cardboard boxes and waste from the man’s own premises. The police were called after a resident confronted the man and videoed his actions.

The man, who was the sole owner of Medway Waste Solutions, admitted a charge of depositing controlled waste at a site that had no environmental permit.

The man accepted that the waste he had deposited from the house clearance included sensitive personal information. However, he refused to accept that he had deposited bags of tiles containing asbestos, though there were photographs showing the bags amongst the waste he admitted to having dumped. In all, it cost the site owners nearly £2,800 to have all of the waste removed.

Breaches

The man breached Section 33(1)(a) and Section 33(6) of the Environmental Protection Act 1990:

• Section 33(1)(a) prohibits the deposit, or knowingly causing the deposit, of controlled waste in or on any land unless this is authorised by an in accordance with an environmental permit.
• Section 33(6) makes it an offence to breach Section 33(1).

Penalty

The man was fined £243 and ordered to pay costs of £2,953.49 plus a £97 victim surcharge.

Man prosecuted for damaging Site of Special Scientific Interest (SSSI)

Natural Resources Wales has prosecuted a man from Bristol for causing damage to a Site of Special Scientific Interest (SSSI) on the Gwent Levels, South Wales.

Construction work was undertaken without consent at Blackwall Lane Field, Magor. Blackwall Field sits within the Gwent Levels: Redwick & Llandevenny SSSI, which is of national significance and known for its diverse range of rare aquatic plants and animals within the watercourses. Appropriate management of the watercourses and surrounding land are essential. The SSSI is also home to the Shrill Carder bee, one of the rarest bumblebees found in only a handful of locations in south Wales and southern England.

The site was first visited by Natural Resources Wales in May 2021, after the regulator received reports of work being carried out without the relevant permissions. The regulator found that a layer of soil had been removed, various excavations had taken place and the excavated material had been placed adjacent to and within the watercourses of the SSSI. Several unauthorised structures were in place, including static caravans, animal shelters,  fences, tracks and hardstanding. Several large vehicles and machinery were also being kept.

Natural Resources Wales officers informed the man that the site was a SSSI and protected under the Wildlife & Countryside Act 1981 and advised him to cease work whilst an investigation was carried out. The man was advised that he should have applied to NRW for consent for any works, which in this case would have likely been refused due to the sensitive nature of the site. Much of the work also  required planning permission.

Breach

The man was found guilty of breaching Section 28P(1) of the Wildlife and Countryside Act 1981:

• Section 28P(1) makes it an offence for any person to contravene Section 28E(1) without reasonable excuse.
• Section 28E(1) makes it the duty of any occupier of land included in a SSSI to not cause or permit any operation specified in the SSSI notification, unless written consent or an agreement authorises this.

Penalty

The man was fined £1900 for each offence and ordered to pay costs of 11,758.26 plus a victim surcharge of £190.