Climate News Greenspace Demo - Climate Space Greenspace Climate Update: July 2020


Welcome to the Climate News Greenspace Demo - Climate Space Greenspace Climate Update: July 2020 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 July 2020
 
 
CLIMATE CHANGE LEVY (GENERAL) REGULATIONS 2001, AS AMENDED
 
 
 
 
 

The Finance Act 2020 reflects the March 2020 budget and sets rates of climate change levy, alongside the level of reductions for organisations subejct to climate change agreements. 

What has or will change? 

Climate Change Levy

The rates of climate change levy until and from 1 April 2021 are set as follows:

Taxable commodity

Rate from 1 April 2020

Rate from 1 April 2021

Electricity

0.811 p/kWh

0.775 p/kWh

Gas

0.406 p/kWh

0.465 p/kWh

Any petroleum gas or other gaseous hydrocarbon supplied in a liquid state

2.175 p/kg

2.175 p/kg

Any other taxable commodity

3.16 p/kg

3.64 p/kg

Reduced Rates of Climate Change Levy

Holders of climate change agreements pay a reduced rate of climate change levy on taxable commodities supplied.

The reduced rate of climate change levy on supplies are revised from 1 April 2020 as follows:

  • Electricity: reduction decreased from 92% from 93%
  • Liquefied gas supplies: reduction of 77% applied for the first time
  • Other taxable commodities: reduction increased from 78% to 81%

From 1 April 2021 the reduction on other taxable commodities will increase to 83%.

 
 
 
 
 
Recent Publications
 
 

New publications this month:

DEPARTMENT FOR ENVIRONMENT, FOOD & RURAL AFFAIRS (DEFRA)

Circular Economy Package policy statement

This statement states how the Circular Economy Package of Directives will be implemented in England. Annex I collects intended actions to be taken.

 

ENVIRONMENT AGENCY

Standard Rules

The following standard rules permits were updated during July 2020:

 

Regulatory Position Statements (RPSs)

The following new RPSs were published during July 2020. These permit specified activities to be undertaken without an environmental permit:

 

Storing and treating waste plastic produced from processing WEEE: RPS 228

This RPS has been extended to 31 December 2020.

 

RPS 206: Using unbound incinerator bottom ash aggregate (IBAA) in construction activities

This RPS has been extended to 31 January 2021.

 

Low Risk Waste Positions (LWRPs)

Burning dunnage packing material: LRWP 74

This new LWRP replaces RPS 19.

 

 

DEFRA & ANIMAL & PLANT HEATH AGENCY (APHA)

Importing animals, animal products and high-risk food and feed not of animal origin from 1 January 2021

The UK will no longer have access to the EU’s TRACES (Trade Control and Expert System) from 1 January 2021. The Import of Products, Animals, Food and Feed System (IPAFFS) will operate instead.

This guidance concerns action that must be taken to import animals, animal products and high-risk food and food of non-animal origin.

 

 

FORESTRY COMMISSION ENGLAND

Felling licences and Tree Preservation Orders: operations note 52

Guidance is provided on felling applications concerning trees subject to tree preservation orders (TPOs).

 

Find a specific tree pest or disease

Details of tree pests and diseases have been updated.

 

 

MARITIME AND COASTGUARD AGENCY

Counter pollution equipment manual

This document provides an overview of UK counter pollution equipment and capabilities.

 

Marine Guidance Notes

MGN 631 (M+F) The merchant shipping (prevention of pollution by sewage from ships) regulations 2020

Guidance is provided on the application of MARPOL Annex IV, the Polar Code and the Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020.

 

MGN 632 (M+F) The merchant shipping (prevention of pollution by garbage from ships) regulations 2020

Guidance is provided on the application of MARPOL Annex V, the Polar Code and Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020.

 

 

SCOTTISH ENVIRONMENT PROTECTION AGENCY (SEPA)

Temporary regulatory position statement (RPS) in response to COVID 19: Special Waste Consignment Notes

This RPS concerns the use of special waste consignment notes during the COVID-19 outbreak.

 

 

WELSH GOVERNMENT

Circular Economy Package policy statement

This statement states how the Circular Economy Package of Directives will be implemented in Wales. Annex I collects intended actions to be taken.

 

Environment (Wales) Act 2016: biodiversity and resilience of ecosystems

This document explains the Welsh Government’s duty to maintain and enhance biodiversity, while promoting ecosystem resilience.

 

Prosperity for all: A Climate conscious Wales: monitoring and evaluation framework

Measures are stated that will be used to examine the delivery of Wales’ climate change adaptation plan.

 

 

DEPARTMENT OF AGRICULTURE, ENVIRONMENT & RURAL AFFAIRS (DAERA)

General guidance for applying for waste management licencing complex exemptions

Guidance is provided on the complex waste management exemption regime in Northern Ireland. Details of fees are also given.

 

Widely Spread Species Management Measures Publications

11 publications set out management measures for 11 widely spread invasive alien species in Northern Ireland.

 

 

 
 
 
 
 
 
 
Offences
 
 

Agricultural product manufacturer ordered to remediate river pollution

Omex Agriculture Ltd (Omex) will be required to create new, better habitats within the River Witham following a pollution incident that killed over 100,000 fish.

In March 2018, the company polluted the River Witham with ammonia. This resulted in severe damage to the river and its ecosystems. The pollution affected over 40 kilometres of river from Bardney to the Wash. It is thought to be the worst river pollution incident ever recorded in the county.

Remediation Notice

In response to the incident, the Environment Agency issued the company with a remediation notice under the Environmental Damage (Prevention and Remediation) Regulations 2015. This is the second time these powers have been used under this legislation.

The remediation notice outlines measures Omex must take in order to restore the river to its former health.

By the end of 2020, Omex must investigate and design a number of habitat improvements to help boost the river’s ecology, such as fish refuges and improved woody and marginal areas to help them shelter, spawn and feed.

Fish refuges are to be installed across half a dozen locations on the river by the end of January, with other habitat improvement works completed by the end of June 2021.

Omex must also look at whether it’s possible to create further backwaters along the river where fish can breed and shelter with the intention of completing this work by spring of 2022.

Once the works are complete, the company must assess whether fish populations have recovered, or whether more fish restocking is required to bring the river back to its former state of health.

Omex will be responsible for monitoring and maintaining the improvements for at least the next decade.

The initial proposals were developed by the company before being shared with the Environment Agency for scrutiny and expert advice. After a thorough review, final plans have been agreed and the company has 28 days to appeal the notice.

 

Enforcement undertaking agreed with cookware and kitchen appliance supplier

An importer and supplier of cookware and small kitchen appliances has entered into an enforcement undertaking after it failed to meet its obligations under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007.

Any company producing more than 50 tonnes of packaging a year with a turnover of above £2 million must register with the Environment Agency or a packaging compliance scheme and meet their responsibilities for recycling waste packaging.

Groupe SEB failed to recover and recycle the weight of packaging supplied in the UK in 2017 and a total of 1,183 tonnes of packaging waste may not have been diverted from landfill.

The original proactive enforcement undertaking offer was made in 2018 for Groupe SEB’s failure to register as a producer and recover or recycle packaging waste in 2017. The company had previously been compliant but mistakenly believed it was registered when it moved from one compliance scheme to another.

Enforcement Undertaking

For its enforcement undertaking, the company offered £12,000, more than double the calculated amount of avoided costs (£5,950.17).

The money was split equally between two charities: Thames Rivers Trust and The Marine Conservation Society. This money was supplied to help pay for projects including litter picking and removal at London Rivers Week and The Great British Beach Clean. Both projects aim to deal with the impact of packaging waste on the environment and local communities.

 
 
 
 
 
 
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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