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


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


 
 
 
 
November 2016
 
 
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 & INDUSTRIAL STRATEGY (BEIS)

Determinations of the EU ETS carbon price

The carbon price  for 2017 under the Greenhouse Gas Emissions Trading Scheme Regulations 2012 will be £4.67 per EU Emissions Allowance (EUA).

 

ENVIRONMENT AGENCY

Export ozone-depleting substances and F-gases: special rules

The guidance document details licences and special rules for exporting ozone-depleting substances and F-gases.

 

Treatment and disposal of invasive non-native plants: RPS 178

The regulatory position statement (RPS) sets conditions that must be met for the disposal of invasive non-native plant material, and the substrate in which it is rooted, without a permit.

 

Temporary storage of end-of-life vehicles (ELVs) at a motor manufacturer’s dealership: RPS 205

The regulatory position statement (RPS) sets conditions that must be met to store ELVs at a motor manufacturer’s dealership without an environmental permit.

 

Decommissioning onshore oil and gas wells drilled before 1 October 2013

The regulatory position statement (RPS) sets conditions for decommissioning a well drilled before 1 October 2013. Complying with the conditions in this statement removes the requirement to have a mining waste permit to manage the extractive waste generated.

 

SENTENCING COUNCIL

Environmental offences: Assessment of guideline

The Sentencing Council has published its assessment of the impact of its environmental guideline on sentencing trends.

 

SCOTTISH GOVERNMENT

Low Carbon Behaviours Framework: Key Behaviour Areas - Data for Scotland

This is a report on the uptake of the Scottish Government's 10 low carbon key behaviour areas for individuals and households.

 
 
 
 
 
 
 
Offences
 
 

Waste criminals fined £6,320 for illegal wood disposal

The director of a Faversham-based waste management business and a landowner have been fined for burning wood waste. The site, Woodside House in Canterbury, did not hold a permit.

Complaints were received by the Environment Agency in relation to the burning waste at the site. In December 2013, the Environment Agency witnessed an East Kent Recycling Ltd vehicle depositing its contents onto a burning fire at Woodside House. Advice and guidance letters were sent to the landowner in relation to these incidents.

Breach

The Director of East Kent Recycling Ltd pleaded guilty in a personal capacity, to depositing waste wood without an environmental permit.

In addition, the landowner pleaded guilty to causing or permitting the operation of a regulated facility without an environmental permit.

Penalty

The Director of East Kent Recycling Ltd was fined £2,150 with £750 costs at Folkestone Magistrates’ Court and the landowner was fined £2,670 with £750 costs.

 

 

Bidwell Metals Ltd will close Somerset scrapyard after noise complaints

Bidwell Metals Ltd (BML), a long-established scrap metal business in Bath, will close its Somerset scrapyard following serious noise nuisances. BML was a permitted site but its waste activities that caused a nuisance was undertaken under exemptions.

Nuisances related mainly to the operation of the company’s aluminum shredding machine, but there was also noise from forklift trucks, angle grinders and mechanical grabs. Up to 10 local properties were affected, three very seriously.

The Environment Agency confirmed that as a result of the company’s actions, their waste exemption activities were being de-registered and would therefore have to stop. BML challenged this decision as they believed the Agency had incorrectly applied UK and EU law and that the company had acquired a ‘prescriptive right’ to cause a noise nuisance because of the length of time the business had been in existence. It also alleged the Agency had failed to consider BML’s property rights under Human Rights law.

The Outcome

BML withdrew its claim on the first day of a hearing. BML agreed to close down the site under a court order.

If Bidwell Metals Ltd fails to comply with the order, the Environment Agency can take action against it for contempt of court.

 

Waste company fined for breaching permit

Winters Haulage Ltd has been prosecuted for breaking rules set out in its environmental permit.

The Environment Agency discovered an excessive quantity of waste on site which was being stored in the yard outside of the waste reception building. Officers also noted that the height of the waste exceeded the level allowed in the permit.

Environment Agency officers provided repeated advice and guidance to help the company meet its permit requirements but the site failed to resolve the problems.

Penalty

The company was fined £15,000, ordered to pay costs of £13,878.34 and a victim surcharge of £120. Winters Haulage Ltd no longer operates at the site.

 
 
 
 
 
 
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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