April news letter from Simplifi Solutions

 Dear Simplifi User,

Please find our newsletter covering legislation published during April, new consultations and prosecutions which we hope you will find of interest.

The Simplifi Team

New legislation

Energy

SI 2018/514.  The Oil and Gas Authority (Offshore Petroleum) (Retention of Information and Samples) Regulations 2018. Comes into force 14^th May. These Regulations set out requirements for the retention of petroleum-related information and samples. The Regulations apply to information or samples which are held on the date the Regulations commence or which are acquired or created on or after that date.

Radioactive substances

SI 2018/482. The Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) Regulations 2018.  Comes into force 8^th May. These Regulations result as part of the transposition of Council Directive 2013/59/Euratom, laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation.  They cover i) contaminated land and other exposure situations, ii) building material, iii) radon and iv) orphan sources.

 Waste

SI 2018/442.  The Landfill Tax (Disposals of Material) Order 2018.  Comes into force 1st April. This Order gives effect to certain exemptions to Landfill Tax under amendments made to the Finance Act 1996.  It implements a revised system for determining what is a ‘taxable disposal’ for the purposes of landfill tax and provides that the disposal of certain types of material is taxed as if that disposal took place at a place other than a landfill site when such disposal cannot be permitted or licensed under environmental legislation.

Amending legislation

Environmental permitting and protection

SI 2018/428.  The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2018.  Comes into force 2^nd May. These Regulations transpose provisions of the Basic Safety Standards Directive as it applies to radioactive substances activities, by amending the Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154). These Regulations also make amendments not required for transposition but which removes unnecessary regulatory burdens.

 SI 2018/430. The Justification of Practices Involving Ionising Radiation (Amendment) Regulations 2018. Comes into force 18^th April. These Regulations amend The Justification of Practices Involving Ionising Radiation Regulations 2004 (SI 2004/1769). These Regulations are part of a package of measures to transpose Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom.

SI 2018/487. The Pollution Prevention and Control (Designation of the Medium Combustion Plant Directive) (Offshore) Order 2018. Comes into force 16^th April. This Order designates Directive 2015/2193/EU on the limitation of emissions of certain pollutants into the air from medium combustion plants as a relevant directive for the purposes of paragraph 20(1)(b) of Schedule 1 to the Pollution Prevention and Control Act 1999 (c.24).

Land and contamination

 SI 2018/429. The Radioactive Contaminated Land (Enabling Powers and Modification of Enactments) (England) (Amendment) Regulations 2018. Comes into force 18^th April.  These Regulations are part of a package of measures to transpose Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom.  These Regulations amend The Radioactive Contaminated Land (Enabling Powers) (England) Regulations 2005 (SI 2005/3467) and The Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006 (SI 2006/1379).

Health and safety

SI 2018/451. The Poisons Act 1972 (Explosives Precursors) (Amendment) Regulations 2018.  Comes into force 3^rd April. These Regulations amend Schedule 1A to the Poisons Act 1972 (c. 66) to include sulfuric acid in the list of regulated explosives precursors (above 15% wt for wt), aluminium powders and magnesium powders (each above a concentration threshold of 70%, with a particle size less than 200μm), and magnesium nitrate hexahydrate in the list of reportable explosives precursors.

Waste

SR 2018/91. The Waste (Fees and Charges) (Amendment) Regulations (Northern Ireland) 2018.  Comes into force 7^th May.  Amends the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 (SR 1999/362) and Waste Management Licensing Regulations (Northern Ireland) 2003 (SR 2003/493). The purpose of these amendments is to increase the legislative fees and charges by about 14%.

EU legislation

Nothing of relevance published

Eire legislation

RI 2018/96. Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018. Comes into force 26^th March.  Amends definitions of the terms “producer” and “placed on the market” in The Waste Management (Tyres and waste tyres) Regulations 2017 (RI 2017/400).

Consultations

 DEFRA is carrying out an additional consultation on the new National Policy Statement for Water Resources.  This consultation covers proposals for the types and sizes of infrastructure which should be considered as ‘nationally significant’. Consultation closes 26^th April. This consultation contains five questions specifically relating to the types and sizes of infrastructure. The responses we receive will inform the final amendments to the Planning Act 2008 infrastructure thresholds.  https://consult.defra.gov.uk/water/nps-infrastructure-types-and-sizes/

The Ministry of Housing, Communities & Local Government is consulting on changes to Approved Document B (fire safety). Consultation closes 25^th May. The amendments are to statutory guidance on assessments in lieu of tests. https://www.gov.uk/government/consultations/approved-document-b-fire-safety-amendments-to-statutory-guidance-on-assessments-in-lieu-of-tests

DEFRA and the Welsh Government are consulting on proposals to make changes to some of the flood risk exemptions and exclusions in the Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154). Consultation closes 20^th June. https://consult.defra.gov.uk/flooding/environmental-permitting-regulations/.

The European Commission is consulting on potential measures for regulating the environmental impact of machine tools and welding equipment.  Consultation closes 10^th July. https://ec.europa.eu/info/consultations/public-consultation-potential-measures-regulating-environmental-impact-machine-tools-and-welding-equipment_en

Prosecutions of note.

A Midlands water company was fined £350,000 and ordered to pay Environment Agency costs of £68,100 following a pollution incident which resulted in estimated 30,000 dead fish and 5km of damaged ecology along the River Amber. The source of the pollution was found to be a release of sodium hydroxide from a water treatment works into the river.

A South-West England waste management company was fined £237,500 and ordered to pay costs of £128,400 after a fifty-six-year-old man was fatally injured in a lorry runaway incident at a hospital in Plymouth.  Whilst coupling the lorry to a skip trailer, used to collect ash from the hospital’s incinerator, on a sloping road he lost control of the vehicle combination. In attempting to prevent the runaway he was drawn under the trailer and sustained fatal injuries. An investigation by the Health and Safety Executive (HSE) established that the handbrake of the lorry had not been applied.  The investigation also found that there was no suitable and sufficient specific risk assessment to address the waste collection operation on site and in consequence the work had not been appropriately planned.