May news letter

 Dear Simplifi User,

After the “tsunami” of EU Exit legislation over the last few months things appear, with the postponement, to have quietened down.  This month we have just six pieces of legislation to report on.

Amending legislation

 Conservation

 SI 2019/893.  The Marine Licensing (Exempted Activities) (Amendment) Order 2019.  This Order amends the Marine Licensing (Exempted Activities) Order 2011 (S.I. 2011/409). Comes into force 31^st May. These amendments introduce three new exemptions from the requirement to hold a marine licence. Those relate to the recovery of marine litter etc. in the course of diving activities (article 8), permitting harbour authorities to use vehicles or vessels to remove marine litter and debris (article 9) and permitting the deposit of a substance removed from the hull of a vessel in the course of certain removal methods (article 12).

Environmental permitting and pollution

SI 2019/916.  The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019.  Comes into force 29th May.  These regulations amend the Greenhouse Gas Emissions Trading Scheme Regulations 2012 by amending the definition of “the Verification Regulation and the Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019 by omitting regulation 113.  They also amend Commission Regulation (EU) No 601/2012 of on the monitoring and reporting of greenhouse gas emissions.

SI 2019/940.  The Merchant Shipping (Prevention of Air Pollution from Ships) (Miscellaneous Amendments) Regulations 2019. Comes into force 30^th June.  The Regulations amend the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 to impose a requirement for ships of more than 400 gross tonnage to be issued with an IEE Certificate. The regulations also require ships of more than 5,000 gross tonnage to be issued with a Statement of Compliance. The Regulations also make minor amendments to the Merchant Shipping (Port State Control) Regulations 2011 and the Merchant Shipping (Fees) Regulations 2018.

SSI 2019/175. The Environment (EU Exit) (Miscellaneous Amendments) (Scotland) Regulations 2019. Comes into force 1^st July

 These regulations make very minor corrections, in most single words, to:

• Urban Waste Water Treatment (Scotland) Regulations 1994.
• Special Waste Regulations 1996.
• End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003.
• Water Environment (Register of Protected Areas) (Scotland) Regulations 2004.
• Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006.
• Welfare of Farmed Animals (Scotland) Regulations 2010.
• Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019.

SSI 2019/178. The Environmental Assessment (EU Exit) (Scotland) (Amendment) Regulations 2019. Comes into force 30^th June. These Regulations amend the Environmental Assessment (Scotland) Act 2005 (asp 15) to update legislative references and address, very minor, deficiencies arising from the withdrawal of the United Kingdom from the European Union.

Radioactive substances.

 SR 2019/184.  The Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2019.  Coming into force 18^th June. These Regulations amend the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010 in order to implement, in part, as respects Northern Ireland provisions of Council Directive 2013/59/Euratom) laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation.

Consultations

 The Environment Agency is consulting on revision of standard rule sets for medium combustion plant and specified generators.  These proposals are to amend the rules to include new medium combustion plant (MCP). We also propose an amendment to standard rule SR2018 No.7 for new MCP and standard rule SR2018 No.9.  Consultation closes 10^th June.  https://consult.environment-agency.gov.uk/environmental-permitting/standard-rules-consultation-no-19/

The Maritime and Coastguard Agency is consulting on amendments to the Merchant Shipping and Fishing Vessels (Personal Protective Equipment) regulations.  Consultation closes 19^th July. https://www.gov.uk/government/consultations/consultation-on-msn-1870-mf-personal-protective-equipment-regulations-1999

Prosecutions of note.

 A Northumberland waste management company was fined £500,000 with costs of £14,041, after an employee was fatally injured when he was struck by a reversing JCB loading shovel.  An investigation by the Health and Safety Executive (HSE) found evidence of a lack of pedestrian and vehicle segregation in the waste shed meaning that pedestrians and vehicles could not circulate in a safe manner. The company had carried out a risk assessment prior to the incident that identified some control measures to reduce the risks from operating the loading shovel and a Fork Lift Truck on site. However, these control measures had not been fully implemented nor were they sufficient to manage the risk of collision between vehicles and pedestrians. There was also no risk assessment or traffic management plan considering the safe movement of vehicles across the site.

A North Sea oil company has been fined £1,160,000 following an HSE investigation into a high-pressure gas release on Boxing Day 2015.  Eight-inch diameter high pressure pipework suffered a catastrophic rupture as a result of ‘Corrosion Under Insulation’ (CUI), allowing over two tonnes of high-pressure methane gas to be released almost instantaneously.