Climate News Greenspace Demo - Climate Space Greenspace Climate Update: September 2016


Welcome to the Climate News Greenspace Demo - Climate Space Greenspace Climate Update: September 2016 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 September 2016
 
 
ENERGY PERFORMANCE OF BUILDINGS (ENGLAND AND WALES) REGULATIONS 2012, AS AMENDED
 
 
 
 
 

ENERGY PERFORMANCE OF BUILDINGS (ENGLAND AND WALES) (AMENDMENT) (NO. 2) REGULATIONS 2016

The Energy Performance of Buildings (England and Wales) (Amendment) (No. 2) Regulations 2016 amends the Energy Performance of Buildings (England and Wales) Regulations 2012.

What has been updated?

The Energy Performance of Buildings (England and Wales) (Amendment) (No. 2) Regulations 2016 permits disclosure of bulk energy performance certificate data by the public register. Data may be disclosed for the following purposes:

  • Promoting building energy efficiency improvements;
  • Promoting and marketing energy efficiency improvements related to a green deal plan; and/or
  • Determining if energy efficiency improvements under a green deal plan have been made or not.

Data may be disclosed to green deal providers or assessor certification bodies, Secretary of State (for purposes under the Gas Act 1986) or Gas and Electricity Markets Authority (in relation to the energy company obligation (ECO) scheme).

These regulations come into force on 1 October 2016.

 
 

 
 
CLIMATE CHANGE LEVY (GENERAL) REGULATIONS 2001, AS AMENDED
 
 
 
 
 

FINANCE ACT 2016: CLIMATE CHANGE LEVY

The Finance Act 2016 set the climate change levy (CCL) rates through to 2019.

The Act also prevents the use of previously issued outstanding renewable source electricity certificates (for electricity generated before 1 August 2015) to exempt consumption from the CCL from 31 March 2018.

What has been updated?

The following rates apply from 1 April 2017 and 2018 respectively:

.                                               .                                        

April 2017       April 2018.   April 2019 

 

Units

Electricity

0.00568

0.00583

    0.00847

 

p/kWh

Natural Gas

0.00198

0.00203

    0.0039

 

p/kWh

LPG

0.01272

0.01304

    0.02175

 

p/kg

Any other taxable commodity

0.01551

0.01591

    0.02653

 

p/kg

The Act also closes the CCL exemption for outstanding renewable source electricity certificates (for electricity generated before 1 August 2015) on 31 March 2018. The CCL exemption has not been available for electricity generated since 1 August 2015, following the 2015 budget.

 
 
 
 
 
Recent Publications
 
 

New publications this month:

DEPARTMENT FOR TRANSPORT

Renewable Transport Fuel Obligation (RTFO) guidance: year 9

This guidance document updates the list of voluntary schemes to remove schemes that have now closed.

This document is targeted towards fuel suppliers, independent verifiers and others involved in the supply of biofuels for road transport.

 

ENVIRONMENT AGENCY

Storing catalytic converters at metal recycling sites: RPS 200

This guidance document provides details of when you can accept and store catalytic converters at metal recycling sites.

 

Quality protocols (QPs): rules for all QPs

A new paragraph has been added to this guidance document regarding ‘how to assess if your material is waste’.

This guidance document details when waste rules apply or do not apply to certain material and the corresponding import and export implications.

 

Relevant conviction guidance for permit applications for waste activities and installations only

The table of offences to be considered in relation to permit applications has been updated within this guidance.

A person applying for an environmental permit for a Schedule 1 activity must state whether they have been convicted of an offence listed in this guidance document.

 

DEFRA

Water efficient enhanced capital allowances

The list of water-efficient products eligible for enhanced first year capital allowances have been updated.

 

HIGHWAYS ENGLAND

Carbon emissions calculation tool: Highways England

This guidance document has been updated to include the updated version of the Carbon Tool spreadsheet.

The spreadsheet is provided for suppliers to calculate carbon emissions for operational, construction and maintenance activities undertaken on behalf of Highways England.

 
 
 
 
 
 
 
Offences
 
 

New offences this month:

Southern Water fined after waste water treatment permit breaches

Southern Water has been fined after it exceeded emissions limits on discharges between July 2013 and July 2014.

The court heard that Southern Water had failed to remain within emissions limits in its environmental permit for Tunbridge Wells North waste water treatment works. The site discharges to the Somerhill Stream.

Breach

Southern Water pleaded guilty to breaching the Environmental Permitting Regulations 2010.

Penalty

Southern Water has been fined £24,000 and agreed to pay costs of £33,218.

In mitigation, Southern Water stated that they had already spent £360,000 on improvement to the treatment works and a further £6 million was planned.

 

Hampshire waste criminal receives prison sentence

A repeat offender with previous waste crime convictions has been sentenced after he pleaded guilty to five offences. Marcus Bairstow’s offences include:

  • Forcing entry to farmland and dumping waste near Rownhams;
  • Fly tipping waste in a public house car park in February 2015;
  • Fires at a site in Eastleigh operated by the offender, including an incident that set fire to timber in an adjacent unit;

The offender was also exposed by the BBC’s Rogue Traders programme which bugged and tracked waste and filmed Bairstow dumping it.

Penalty

Mr Bairstow was sentenced to 30 weeks imprisonment and ordered to pay a victim surcharge of £150.

 

Composting site operator fined £50,000 after breaching its permit

A court has fined AmeyCespa after it was found the company had failed to appropriately manage a Cambridge-based compositing facility to prevent the release of odours.

An employee working at premises nearby was suddenly sick at work in July 2014. The court heard that the employer nearby suffered an increased rate of sickness absence and eventually relocated.

The company admitted to breaching its permit, in that they failed to ensure emissions from the facility were free from odours at levels likely to cause annoyance outside the site. The company also admitted it had failed to use appropriate measures to prevent or where that is not practicable, to minimise, the odour.

AmeyCespa subsequently received three enforcement notices, requiring that action was taken to comply with the site’s permit. Two notices were discharged by June 2015 and the final notice was completed in December 2015.

Breach

The site operator was found guilty of breaching Regulation 38(2) Environmental Permitting (England and Wales) Regulations 2010.

Regulation 38(2) makes it an offence for a person to fail to comply with or to contravene an environmental permit condition.

Penalty

The site operator was fined £50,000 and ordered to pay £13,336 costs.

 
 
 
 
 
 
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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