Legislation

18th May 2016

The Environmental Permitting (England and Wales) Regulations 2016 – coming into force on 1st January 2017.

These Regulations will provide a consolidated system of environmental permitting in England and Wales. They will replace and revoke SI 2010/675, with exception of Regulations 1, 67 and 107, and amending legislation.

Part 1 contains general provisions, in particular interpretation. Particularly of note is the introduction of the “regulated facility”, defined in Regulation 8, which may only be operated under the authority of an environmental permit. Included in the definition are installations, mobile plants, waste operations, mining waste operations, radioactive substances activities, water discharge activities and groundwater activities.

Part 2 sets out the procedures in relation to the granting, variation and surrender of environmental permits. Regulations in Part 2 cover aspects such as compensation to third parties (Reg 15), the authorisation of more than one regulated facility by the same permit (Reg 17), the consolidation of separate permits (Reg 18), the revocation of a permit on the initiative of the regulator (Regs 22 & 23). the surrender of a permit by notification (Reg 24), the preparation of standard rules (regs 26 to 30) and the carrying out of appeals (Reg 31).

Part 3 describes the responsibilities of the regulators with respect to such permits. Part 4 covers enforcement and Part 5 public registers. Part 6 confers powers on the regulator and Part 7 covers miscellaneous and transitional provisions, savings, consequential amendments and revocations.

13th May 2016

The Energy Act 2016.

A 2016 c.20 The Energy Act 2016. Published 12th

Establishes the Oil and Gas Authority (OGA), charged with the asset stewardship and regulation of domestic oil and gas recovery. Transfers the existing regulatory powers on oil and gas to the OGA. Regulatory functions in relation to the environment would not be transferred. Gives the OGA additional powers including: access to company meetings; data acquisition, retention and transfer; dispute resolution; and sanctions. Introduce provisions in relation to charges for the offshore oil and gas environmental regulator’s services to the industry. Transfers the consenting of new onshore wind farms into the planning regime in the Town and Country Planning Act 1990. Ends public subsidies for new onshore wind in Great Britain under the Renewables Obligation from 1 April 2016.
10th May 2016

SI 2016/562

SI 2016/562. The Nuclear Installations (Liability for Damage) Order 2016. Came into force 4th May. This Order amends the Nuclear Installations Act 1965 (c. 57). The type of damage for which compensation can be claimed is extended beyond personal injury and property damage to include costs associated with reinstatement related to the impaired environment, loss of income derived from the environment, the cost of preventive measures and personal injury and property damage caused by such measures.

This SI also makes amendments to:

SI 1997/500. The Safety Representatives and Safety Committees Regulations 1977 SI 2006/1379. The Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006 WSI 2006/2988. The Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006. SSI 2007/179.The Radioactive Contaminated Land (Scotland) Regulations 2007

In addition The Nuclear Installations Act 1969 is repealed and minor changes are made to section 82(2) of the Energy Act 2013