Environmental Compliance

Compliance with an Environment Permit is No Defence Against Nuisance Claims

ecladmin — Wed, 09 May 2012 12:07:08 +0000

The Court of Appeal has recently overturned a High Court Judgement that concluded where an operator complies with the requirements of their environmental permit they have a defence against a claim of nuisance. The reasoning given that the common law of nuisance should not cut across statutory regimes, such as the environmental permitting regime, and should instead seek to align with them as far as possible. However the Court of Appeal disagreed, stating that there was no legal principle requiring such alignment and such cases should be decided on settled common law principles.

The outcomes of this judgement means environmental permit holders can be subject to nuisance claims which could result in either substantial claims for damages or bringing permitting activities to a stop. Operators should therefore take careful note of the noise, air quality and other complaints from their neighbours, since it is clear compliance with their environmental permit will not, on its own, be a sufficient defence against private nuisance claims,

Consultation on HSE Proposals to Remove Fourteen Legislative Measures

ecladmin — Tue, 08 May 2012 10:40:33 +0000

The Health and Safety Executive has issued a consultation seeking views on proposals to remove fourteen legislative measures (one Act, twelve Regulations and one Order and with a related provision in the Factories Act 1961) and to withdraw approval for an associated Approved Code of Practice. The HSE believes that these measures are either redundant, have been overtaken by more up to date Regulations or do not deliver their expected benefits.
The measures included cover Celluloid and Cinematograph Film, Construction Head Protection, Notification of Conventional Tower Cranes, Notification of Installations Handling Hazardous Substances, Gasholders (Record of Examinations) Order, Docks, Shipbuilding and Ship-repairing and Metrication.

The consultation will end on 4th July 2012.

Further information can be found here.

Published: 01 May 2012

Consultation on Health and Safety at Work Application outside Great Britain Changes

ecladmin — Tue, 08 May 2012 10:37:48 +0000

The Health and Safety Executive is seeking views on their proposals for replacing Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 and 2011 Variation Order with a new Order.

The new Order will:
• Ensure the statutory protection currently provided for in the 2001 Order and the 2011 Variation Order is
maintained;
• Provide legal clarity for duty holders that HSE has the power to regulate activities associated with new
emerging energy technologies (e.g. combustible gas storage, carbon dioxide storage and underground
coal gasification);
• Simplify the new Order, by clarifying the definition of certain activities due to lessons learned based on
operational experience.

It is intended the new 2013 Order will come into force on 6th April 2013.

The consultation will end on 4th July 2012.

Further information can be found here.

Published: 01 May 2012

Consultation on Irish Smoky Coal Ban Regulations

ecladmin — Tue, 01 May 2012 10:32:57 +0000

The Department of the Environment, Community and Local Government in Ireland has issued a consultation to assist a review of the “smoky coal ban regulations” to ensure that they remain fit for purpose in safeguarding air quality by limiting harmful emissions of air pollutants arising from the use of residential fuels.
The consultation paper reviews the regulations to date and identifies relevant considerations relating to their effective implementation in the context of developments over the twenty years since their introduction.
The consultation will end on 17th May 2012.

Further information can be found here.

Published: 01 May 2012

Consultation on Climate Change Agreements

ecladmin — Tue, 01 May 2012 10:27:58 +0000

The Department of Energy and Climate Change (DECC) is seeking views on proposed changes the Climate Change Agreements (CCA) scheme put forward in order to implement policy changes.
The consultation also requests views on the proposed charging scheme which will be implemented the Environment Agency on a cost recovery basis and proposals for the implementation of energy and carbon accounting in the new scheme.
Draft Regulations for the proposed changes will be available shortly.
The consultation will end on 25th May 2012.

Further information can be found here.

Published: 01 May 2012

Controls for Scottish Ministers over Non-native Species

ecladmin — Tue, 01 May 2012 10:25:13 +0000

New legislation: The Wildlife and Natural Environment (Scotland) Act 2011 (Commencement No. 3) Order 2012
Who does this affect: Scotland
When does this change take place: 1st May 2012

This Order brings into force provisions of the Wildlife and Natural Environment (Scotland) Act 2011 which allows Scottish Ministers to make legislation in relation to non-native species, including legislation specifying the types of animal for which it is an offence for a person to release or allow to escape from captivity and the types of plants to which the offence of planting or causing to grow any plant in the wild at a place outside its native range does not apply.

The full text of the Regulations can be found here.

Published: 01 May 2012

New Asbestos Regulations

ecladmin — Tue, 17 Apr 2012 12:30:14 +0000

New legislation: The Control of Asbestos Regulations 2012
Who does this affect: Great Britain
When does this change take place: 6th April 2012

These Regulations revoke and replace the Control of Asbestos Regulations 2006 (with some modifications) so that there is a consolidated set of Asbestos Regulations.
In addition, the new Regulations narrow the types of work to which exemptions apply so that employers carrying out some types of low risk short duration work now need to:

• notify the work to the relevant enforcing authority;
• carry out worker medical examinations; and
• maintain a register for each worker of the type and duration of work done with asbestos.

The full text of the Regulations can be found here.

Source: http://www.legislation.gov.uk

Published: 01 April 2012

Consultation on a simplified CRC Energy Efficiency Scheme

ecladmin — Mon, 16 Apr 2012 13:17:06 +0000

The Department of Energy & Climate Change (DECC) are inviting views on proposals to streamline and simplify the CRC Energy Efficiency Scheme to create a new leaner, simplified and refocused CRC. DECC’s aim for the simplified CRC is that it will deliver its energy efficiency and carbon reduction objectives whilst making compliance easier and less burdensome for participants.
The proposals for simplification, amongst others, include: reducing the number of the fuels reported from 29 to four – electricity, gas, diesel (when used for heating) and kerosene (when used for heating); using only electricity measured by settled half hourly meters (HHMs) for qualification purposes; and ending the requirement for footprint reports.
DECC will shortly be holding consultation events in both London and Manchester. It is intended that a new CRC Energy Efficiency Scheme Order will be made early next year, to come into effect from 1st April 2013.
The consultation will end on 18th June 2012.

Further information can be found here.

Source: http://www.decc.gov.uk

Published: 01 April 2012

Energy Efficiency Legislation for Ireland

ecladmin — Mon, 16 Apr 2012 13:11:26 +0000

New legislation: The Energy (Miscellaneous Provisions) Act 2012
Who does this affect: Republic of Ireland
When does this change take place: See Below

This Act makes numerous provisions in relation to energy, including those intended for the purpose of the promotion of energy efficiency. It allows for the placing of several requirements on energy suppliers, including the need to offer competitively priced energy services and energy audits and to promote energy end-use efficiency.
The Act also allows for the creation of an Energy Efficiency Fund for the purposes of:

1. supporting the delivery of energy efficiency improvement programmes and other energy efficiency
improvement measures;
2. promoting the development of a market for energy efficiency improvement measures; and
3. promoting energy audits and financial instruments for energy savings.

The provisions of the Act shall come into force at a time to be specified by a separate commencement order.

The full text of the Act can be found here.

Source: http://www.irishstatutebook.ie

Published: 01 April 2012

Simplified System for Tree Protection Orders

ecladmin — Mon, 16 Apr 2012 13:07:58 +0000

New legislation: The Town and Country Planning (Tree Preservation)(England) Regulations 2012
Who does this affect: England
When does this change take place: 6th April 2012

These Regulations replace the Town and Country Planning (Trees) Regulations 1999 (to the extent to which they apply to England) and subsequent legislation in order to simplify the TPO system.
The new regulations:

• include a new much shorter, simpler model form of TPO. This will be easier for authorities to administer
and the general public to understand;
• give all new TPOs immediate provisional effect (there will be no need to make a special direction to give
them effect immediately, as at present);
• reduce the administrative burden of authorities when notifying people of the making of new TPOs by
requiring the service of copies only on the owner and occupier of the land on which the trees are
situated and anyone else entitled to cut the trees;
• qualify the scope of exempted works (particularly in respect of dead, dying and dangerous trees) and
clarify the requirement for prior notification;
• introduce a default period of two years for consent of approved works;
• remove the power to vary or revoke a consent to carry out work to a tree protected by a TPO;
• adopt one system, using conditions, to secure necessary replacement planting where consent is given
to remove any tree protected by a TPO; and
• provide a common system for compensation claims arising out of the refusal of consent or imposition of
conditions.

The full text of the Regulations can be found here.

Source: http://www.legislation.gov.uk

Published: 01 April 2012