Spring / Summer 2011 Legal Update; John Mitchell, Blake Lapthorn
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This document summarizes several legal updates related to environmental regulations in the UK. Key points include: - The Waste (England and Wales) Regulations 2011 will abolish some regulations and introduce changes like a two-tier carrier registration system and updates to waste transfer notes. - Several agencies have published summaries of responses to consultations on topics like disposal of dredged material and spreading waste on land. - REACH has added 6 substances to Annex XIV requiring authorization for continued use after sunset dates and is consulting on 7 more.
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Spring / Summer 2011 Legal Update; John Mitchell, Blake Lapthorn
- 1. Legal Update – Spring/Summer 2011 John Mitchell Head of Environment
Notes de l'éditeur
- Regulations abolished: The Duty of Care regulations The Waste Management (Licensing) Regulations Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations SIC = Standard Industry Classification codes
- Annex XV dossier – substances of very high concern
- Composting prosecution brought by EA Renderer prosecuted by a local authority – one of the highest fines for an odour offence and also one of the highest fines on a local authority prosecution. The PPC permit is now an environmental permit.
- Announcement 6 April 2011
- Be relevant (i.e. to the environmental impacts of the product) Reflect a genuine environmental benefit (i.e. not repeat something which is required anyway by law) Be capable of being substantiated: By reference to current accepted standards By reference to publicly available information If appropriate, by independent experts The UK Code of Non-Broadcast Advertising, Sales Promotion and Direct Marketing (CAP code) and Code of Broadcast Advertising (BCAP). Rely on this guidance at your peril!
- The government has announced a review of the civil sanctions regime, the new suite of powers to enforce the law without going to the courts. As a result, the Environment Agency will not be able to use these powers for offences under the environmental permitting regulations from 6 April, as had been planned. Secondary legislation enabling this was due to be laid before parliament and the National Assembly for Wales this month. “ Ministers have indicated that they now want to agree a cross government position on civil sanctions for England more generally before measures in specific sets of regulations are taken forward,” said an environment department (DEFRA) statement to stakeholders. A departmental press officer confirmed that Natural England’s planned consultation on its sanctions policy has been delayed. Sources close to the discussions suggested the move was driven by Oliver Letwin, Cabinet Office minister for government policy. As part of his drive for regulatory simplification and cutting burdens on business, he is apparently unconvinced about the need for the complex regime. But this is “the result of a misunderstanding", suggested one source in industry. Powers to issue civil sanctions will be stripped from regulators and handed to the courts, the cabinet office minister for government policy, Oliver Letwin, told ENDS. The move would radically alter the nascent civil sanctions regime.. Mr Letwin said regulators imposing sanctions directly without recourse to the courts was “intolerable”. Forcing firms who wish to appeal to face “the full weight of the Treasury solicitors” was an unacceptable prospect, he argued. But this would appear to be a misunderstanding; the central government legal service - the Treasury Solicitors - does not act on behalf of regulators, who have their own lawyers. Mr Letwin added that bypassing the judicial process would lead to “sloppy regulation”. Sanctions would be based on flimsy evidence if the current approach continues, he believes.