Climate News Greenspace Demo - Climate Space Greenspace Climate Update: April 2019


Welcome to the Climate News Greenspace Demo - Climate Space Greenspace Climate Update: April 2019 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.


 
 
 
 
April 2019
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

EUROPEAN COMMISSION

Revised BREF on Ferrous Metals Processing (First Draft)

A draft of the revised Best Available Techniques Reference (BREF) document for the ferrous metals processing sector has been published.

The finalised BREF will ultimately inform published Best Available Techniques Conclusions (BATC) for the sector, which all organisations in the sector will have four years to meet after publication.

 

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)

Water efficient enhanced capital allowances

Updated product and technology criteria lists have been published under the enhanced capital allowances scheme.

 

DEFRA & DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY (BEIS)

Decommissioning offshore renewable energy installations

Guidance on decommissioning offshore renewable energy installations has been updated following a consultation.

 

 

DEFRA AND ANIMAL AND PLANT HEALTH AGENCY (APHA)

Exporting animals, animal products, fish and fishery products if the UK leaves the UK with no deal

This guidance document has been updated regarding the application by the UK for third-country status (as a non-EU member state).

 

Environmental reporting guidelines: including streamlined Energy and Carbon Reporting Requirements

This guidance updates group reporting legislation, public sector reporting requirements and mandatory GHG reporting requirements within the Streamlined Energy and Carbon Reporting (SECR) Regulations.

 

Plant Health Controls

This guidance document has been updated to state the new fees for plant health services delivered by APHA in England and Wales.

 

ENVIRONMENT AGENCY

Environment Agency fees and charges

Updated fees and charges for the Environment Agency’s regulatory activities (such as for environmental permits) have been published online.

 

EU Exit regulatory position statements (RPSs)

Two RPSs have been published, stating that the Environment Agency will not take action if the installation cannot comply because of Brexit:

 

Regulatory Position Statement: Rainwater harvesting

This statement states when harvested rainwater may and may not be used without an abstraction licence.

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

This RPS has been updated with specific requirements for the compositing of Japanese knotweed.

 

Updated Standard Rules

The following standard rules sets under the permitting regime have been updated:

 

 

WELSH GOVERNMENT

Prosperity for all: A low carbon Wales

This plan states how Wales aims to meet the first carbon budget (2016-2020). A broad range of policies and policy proposals are included. These are listed in Annex 6.

 

 

NATURAL ENGLAND

Updated licences for wildlife management

The former general licences GL04, GL05 and GL06 have been withdrawn. These previously authorised lethal control of certain wild birds and their nests under the specified circumstances without applying for a licence. A licence must now be obtained for these activities. This may be obtained online using forms issued during April 2019.

 

Legal measures to resolve conflict with wild birds (WML-GU01)

Guidance is provided on measures to manage wild birds without a licence.

 

The Animal Welfare Act 2006: what it means for wildlife

This document describes how the Animal Welfare Act 2006 applies to wildlife. 

 
 
 
 
 
 
 
Offences
 
 

Company to pay £150k to charity following pollution incident

A food ingredients manufacturer has offered an enforcement undertaking following a pollution incident in Stoke-on-Trent. This has been accepted by the Environment Agency

Between July and September 2015, polluting matter was discharged from Fuerst Day Lawson’s site and entered the Newstead Brook. These discharges adversely impacted the watercourse.

Enforcement Undertaking

A £150,000 donation by the company to the Trent Rivers Trust was accepted in September 2018 and will be used to fund environmental projects in the Stoke-on-Trent area.

Fuerst Day Lawson has carried out extensive improvements to its site to prevent reoccurrence of the issue. The company has also paid a significant proportion (£119,143.39) of the Environment Agency’s costs from the incident.

Related Legislation

Enforcement undertakings for environmental offences were introduced under the Environmental Civil Sanctions (England) Order 2010. Enforcement undertakings present an alternative to prosecution or a monetary penalty.

 

Enforcement undertaking reached between Yorkshire Water and the Environment Agency

Yorkshire Wildlife Trust has received a £200,000 donation from an enforcement undertaking following a pollution incident near Doncaster.

Yorkshire Water Services offered the enforcement undertaking to the Environment Agency following a pollution incident near Hatfield Colliery. In September 2015 the Environment Agency identified that foul sewage was being released via burst sewer pipework. This led to raw sewage entering the Pissy Beds Drain, a tributary that eventually leads into the River Trent.

Elevated ammonia and low dissolved oxygen levels were detected in the watercourse as a result, potentially harming fish and invertebrate life.

Once aware of the incident, Yorkshire Water Services acted to contain pollution while the burst was located, stopped and fixed.

Enforcement Undertaking

The enforcement undertaking was accepted by the Environment Agency in February 2019. Yorkshire Water Services donated £200,000 to Yorkshire Wildlife Trust, which will be used to fund the Humberhead Levels Nature Improvement Area.

In addition to the enforcement undertaking, Yorkshire Water Services cleaned the watercourse and have repaired the rising main that burst. The company also paid the Environment Agency’s costs in full.

Yorkshire Water Services also reviewed their telemetry system to ensure that early warnings are received and acted on. Additional alarms have been put in place.

 

SEPA launches formal regulatory investigation into flaring by ExxonMobil Chemical following a large number of complaints

On Easter Sunday, 21 April 2019, SEPA responded to 600 complaints of unplanned flaring at ExxonMobil Chemical Ltd in Mossmorran, Fife.

Whilst flaring is an important safety mechanism and is permitted through permit conditions, SEPA deployed a full regulatory, air quality and noise monitoring response. This response follows final warning letters issued in April 2018 where flaring which was found to be “preventable and unacceptable”.

Despite the incidents on 21 April, monitoring on Monday 22 April showed no cause for concern. SEPA operates an online hub to relay information on the facility.

With the company advising that flaring is likely to continue over the coming days, SEPA has reiterated the importance of restarting the plant as quickly as possible to minimise flaring required.

A BAT assessment was subsequently submitted by ExxonMobil Chemical, which remains under review by SEPA.

 
 
 
 
 
 
Kenny Wintle
e: kenny.wintle@watermangroup.com

Waterman Infrastructure & Environment Ltd
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Pickfords Wharf | Clink St | London | SE1 9DG, t: 0207 928 7888

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