Edie Environmental Legislation Summary, April 2007

Recent changes to legislation which will impact on the environmental sector in the UK, Europe and internationally come under the spotlight in this Semple Fraser and Edie News monthly round-up of new law and policy. This month we see new regulations giving financial incentives for energy saving devices and a law obliging producers to recover and recycle packaging waste, while English and Welsh water undertakers are told in more detail how to prepare and publish water resources management plans.

UK Legislation

Energy Efficiency

The Energy-Saving Items Regulations 2007 entered into force on 6th April 2007, exercising the powers contained in the Income Tax (Trading and Other Income) Act 2005 to specify other descriptions of energy-saving items in respect of which expenditure can be deducted by residential landlords when calculating the profits of their property business, and to provide for the apportionment and restriction of the amount of such a deduction.

The Regulations specify that hot water system insulation, draught proofing, solid wall insulation and floor insulation are to be classed energy-saving items. The maximum amount of expenditure for which deduction is allowed in restricted to £1,500 per property comprising a dwelling house for each tax year. They also provide for apportionment of the allowable deduction where two or more people own or have interests in the property at issue. An appeal mechanism is provided for instances where there is a dispute.

The Regulations can be accessed at the following link:-

http://www.opsi.gov.uk/si/si2007/20070831.htm

Packaging Waste

The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 entered into force on 16th March 2007, imposing obligations on producers to recover and recycle packaging waste in pursuance of the recovery and recycling targets in the Packaging Waste Directive. Charities are excluded from the producer responsibility obligations.

Where a producer satisfies the threshold tests, of having an annual turnover in excess of £2million in the last financial year and to have handled packaging or packaging materials weighting over 50 tonnes in the previous year, he will have producer responsibility obligations for that year. Rules are detailed for calculating the level of such an obligation in relation to a certain producer.

Producers can buy packaging waste recovery notes ("PRNs") or packaging waste export recovery notes ("PERNs") or both in order to satisfy his obligations himself, or he may join a compliance scheme instead. Where a producer joins such a scheme that has registered with an appropriate Agency, then he will be exempt from complying with his obligations for that year. The scheme must meet the recovery and recycling obligations and the consumer information obligations that it's member would have had to meet but for their membership of the scheme. The requirements in relation to registration of a producer or a scheme are set out, as are the conditions that apply in this regard and the manner in which and for what reasons membership can be cancelled. Producers not members of registered schemes must be registered with the appropriate Environmental Agency for their area of the UK.

Provision is made under the Regulations for application by a producer to the relevant Agency, including information to be supplied, conditions of registration, payment of fees and cancellation. Similar requirements are detailed in relation to registration of schemes.

The requirements in relation to records, returns and certificates demonstrating compliance with the obligation are also set out. The duties of the Agencies in monitoring compliance and keeping a public register are detailed, and there is provision for the Environment Agency and SEPA to collate information on a shared database, and for this information to be passed to the Secretary of State.

The application of the Regulations to groups of companies, and where two or more businesses are in relationships involving licenses of trade marks or pub operating agreements is provided for, as is apportionment of recovery and recycling operations and other obligations where mid year changes occur.

Various offences are created in the Regulations, such as for contravening the obligations in respect of recovery, registering and recycling, as well as in respect of providing certificates of compliance to the relevant Agency, providing false and misleading information and preventing the Agencies from exercising their powers of entry and inspection.

The Regulations can be accessed at the following link:-

http://www.opsi.gov.uk/si/si2007/20070871.htm

Offshore Extractive

The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Amendment) Regulations 2007 enter into force on 16th April 2007. The 1999 Regulations of the same name are amended in order to implement Directive 2003/35/EC on public participation in relation to the preparation of certain plans and programmes relating to the environment. As a result of the amending Regulations, the Secretary of State can only grant or renew consent to a project where it falls within certain specific circumstances. The provisions in relation to information that the Secretary of State must provide in the notice detailing his decision on whether to grant consent are also amended.

The circumstances in which the Secretary of State is able to direct that an environmental statement is not needed are amended, and more detailed requirements are introduced in relation to publicity to be given to a decision that an environmental statement is not needed. The information that must be published where an application for consent for a project is accompanied by an environmental statement is set out. Information of material relevance to the Secretary of State's decision, but becoming available to him only after the date of the application for consent, must now be made available to the public.

A new regulation is introduced, providing that the Secretary of State can request to participate in the consultation procedure of another State in the European Economic Area (EEA), where a project in that State is likely to have a significant transboundary effect on the environment. The procedure to be followed in bringing projects of this nature to the attention of the UK public is also detailed. Finally, where a project is exempt from the Regulations, the Secretary of State must require certain information to be made available to the public, and the manner in which this is to be done is specified.

The Regulations are available at the following link:-

http://www.opsi.gov.uk/si/si2007/20070933.htm

The Offshore Combustion Installations (Prevention and Control of Pollution) (Amendment) Regulations 2007 also enter into force on 16th April 2007, amending the 2001 Regulations of the same name in order to bring into force the amendments made to the IPPC Directive by Directive 2003/35 on public participation in the preparation of plans and programmes relating to the environment.

An application for a permit under the 2001 Regulations must be accompanied by an outline of the main alternatives examined by the applicant, if any. The amount of information that the Secretary of State must publish when he receives an application for a permit is increased, and information of material relevance to the Secretary of State's decision must be made available to the public. The Regulations also provide for other EEA States to participate in the UK consultation procedure in certain circumstances.

A new regulation provides for the Secretary of State to participate in the consultation procedure of another State in the EEA where a planned combustion installation in that EEA State is likely to have significant transboundary effects on the environment. The procedure to be followed in bringing such projects to the attention of the UK public is also set out.

The consultation procedure that must be followed where the Secretary of State reviews the conditions of a permit where an installation causes such significant pollution that all or any of the emission limit values, equivalent parameters or technical measures of the permit need to be revised. The Secretary of State must also ensure that information on conditions attached to permits, subsequent updates to permits and details of public participation in the decision-making process are kept on the register that he maintains. The Secretary of State must also keep other States in the EEA involved in the public participation procedure informed of the matters on the register.

The Regulations are available at the following link:-

http://www.opsi.gov.uk/si/si2007/20070938.htm

Landfill

The Landfill Tax (Amendment) Regulations 2007 entered into force on 1st April 2007. They alter the maximum credit that landfill site operators can claim against their annual landfill tax liability from 6.7% to 6.6%. They also simplify some of the obligations incumbent on environmental and regulatory bodies, and allow the regulatory body to make its approval of an environmental body subject to certain conditions, which may be varied or revoked.

A new regulation requires an environmental body to comply with conditions imposed by a regulatory body. The duty of the environmental body to notify the regulatory body about the transfer of qualifying contributions is reduced, to the effect that only those conditions transferred by an environmental body must be notified.

Where a regulatory body requests specific financial information, an environmental body must provide it, and a similar requirement is imposed if the Commissioners are performing regulatory functions in place of the regulatory body. Environmental bodies are only obliged to provide accounts for its last financial year, upon a request being made by the regulatory body, after the expiry of ten months following the end of the financial year.

The Regulations are available at the following link:-

http://www.opsi.gov.uk/si/si2007/20070965.htm

English and Welsh Legislation

Water

The Water Resources Management Plan Regulations 2007 entered into force on 1st April 2007, detailing in England and Wales the manner in which water undertakers should prepare and publish water resources management plans.

Water undertakers are required to produce such plans by virtue of the Water Industry Act 1991. The method of publication of draft plans is outlined in the Regulations, along with details of the people who are to receive a copy of the plan and accompanying statement. The manner in which representations relating to a draft plan are to be dealt with is covered, and provision is made for an inquiry or other hearing to be held in connection with a draft plan. The method of publication of a completed plan is also outlined.

The Regulations can be accessed at the following link:-

http://www.opsi.gov.uk/si/si2007/20070727.htm

Pollution Prevention and Control

The Pollution Prevention and Control (England and Wales) (Amendment) Regulations 2007 entered into force on 6th April 2007, amending the 2000 Regulations of the same name.

The effect of the Amendment Regulations is to alter Part A(1) of the section on combustion activities of Part 1 of Schedule 1 to the principal Regulations by excluding waste gases produced by biological degradation in a landfill not requiring a permit under the 2000 Regulations from the definition of a fuel.

The Regulations can be accessed at the following link:-

http://www.opsi.gov.uk/si/si2007/20070713.htm

Electricity Generation

The Electricity Generating Stations and Overhead Lines (Inquiries Procedure) (England and Wales) Rules 2007 entered into force on 6th April 2007, setting out the procedure to be followed in relation to public inquiries in England and Wales in respect of applications for consent under s36 of the Electricity Act 1989 to construct, extend or operate a generating station, under s36A for a declaration in relation to public rights of navigation, as well as to applications for consent under s37 to install or keep installed an electric line above ground.

Provision is made in the Rules for the notification of the inquiry, any pre-inquiry meeting and the Secretary of State's statement of matters and for registration by persons with an interest in the proposal. Procedure in relation to pre-inquiry meetings and publicity after they have been held is provided for, as is the setting of a timetable for the inquiry and notification of the date of the inquiry. Procedure to be followed at an inquiry and after it are detailed, including provision in relation to site visits, notification of decisions and procedure to follow should the decision be subsequently quashed in legal proceedings. Persons who are to appear at an inquiry are set out, along with rules on the provision of proofs of evidence and summaries. The Secretary of State may, under the Rules, require the applicant and the relevant planning authority to prepare an agreed statement of common ground together.

The Rules can be accessed at the following link:-

http://www.opsi.gov.uk/si/si2007/20070841.htm

Energy Efficient Construction

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 enter into force in stages according to a table in Schedule 1, with many provisions applying from 1st April 2007, but those in relation to commercial buildings not applying until 2008. They implement in England and Wales Articles 7, 9 and 10 of the Energy Performance of Buildings Directive, which relate to energy performance certificates, air-conditioning system inspections and energy assessors.

The Regulations require energy performance certificates to be produced when buildings are constructed, sold or rented out. Sellers and prospective landlords must make these available to prospective purchasers and tenants at the earliest opportunity. Where sellers or their agents must have a home information pack, energy performance information must be included in any written particulars of the dwelling for sale.

The Building Regulations are amended to require energy performance certificates to be produced when buildings are constructed, and the 2007 Regulations require such certificates to be produced for buildings to which the Building Regulations do not apply. The Building Regulations are also amended to require the Secretary of State to approve a calculation methodology of the energy performance of buildings, and ways for their energy performance to be expressed. The Regulations require recommendations for improving the energy performance of buildings to accompany the energy performance certificates.

Minimum requirements in terms of energy performance certificates are set out in the Regulations. They must be no more than 10 years old, except where home information packs are required, in which case a certificate must be less than three months old at the first point of marketing to be valid. There are restrictions on the circumstances in which certificates and recommendations can be disclosed, and it is an offence to unlawfully disclose either. Large buildings occupied by public authorities and institutions providing public services to a large number of people must also display an energy performance certificate, and obtain an advisory report containing recommendations for the improvement of the building's energy performance.

The Regulations can be accessed at the following link:-

http://www.opsi.gov.uk/si/si2007/20070991.htm

English and Northern Irish Legislation

Extractive

The Environmental Impact Assessment (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007 enter into force on 1st May 2007. The Regulations implement (for waters around England and Northern Ireland) the EIA Directive and the Habitats Directive (92/43/EEC) to the extent that they relate to the extraction of minerals by marine dredging.

With a couple of exceptions, the Regulations ensure that permission in required for marine dredging projects, and that any dredging carried out without permission constitutes an offence. Applications for dredging are to be made to the regulator (the Secretary of State in England and the DoE in Northern Ireland).

An environmental statement must be provided where dredging in marine waters is likely to have significant effects on the environment. The statement must be taken into account in deciding the application. An appropriate assessment must also be carried out of the effects of the dredging where it is likely, alone or in combination with other plans or projects, to have a significant effect on a European site - a designated special protection area. Sites that have been proposed by the UK for designation are also included.

Applications for permissions must be subject to publicity and consultation. Certain parties may be given the opportunity to make representations in person or in writing prior to a decision being taken on an application. Where dredging is likely to have significant effects on the environment in another EEA state, then provision is made for consultation with that state. Provisions is also made for a public register of applications, approvals, decisions, determinations and opinions and information.

Schedules to the Regulations detail what must be included in an environmental statement and criteria relevant in determining whether a dredging project is a relevant project - a project that is likely to have significant effects on the environment.

The Regulations are available at the following link:-

http://www.opsi.gov.uk/si/si2007/20071067.htm

English Legislation

Water

For England & Wales, the Water Act 2003 (Commencement No. 7 and Transitional Provisions) Order 2007 brought certain provisions of the 2003 Act into force on 1st April 2007.

Full effect is now given to Part 2 of the 2003 Act, relating to new regulatory arrangements for the water industry and the new water supply licensing regime. Certain provisions of Part 3 of the Act require undertakers to prepare and maintain water resources management plans, and provide for schemes for adoption of sewers, lateral drains and sewage disposal works.

The Order can be accessed at the following link:-

http://www.opsi.gov.uk/si/si2007/20071021.htm

Welsh Legislation

Environmental Crime

The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Wales) Regulations 2007 entered into force on 15th March, detailing the ranges within which the amounts of certain fixed penalties capable of being specified by a local authority are required to fall. The proportion of the fixed penalty that a local authority may treat as full payment of the fixed penalty when paid within a period less than 14 days, as specified by the local authority, is also detailed.

The Regulations also detail that a person being granted authority to issue fixed penalty notices under s88 of the Environmental Protection Act 1990, s43(1) of the Anti-social Behaviour Act 2003 or s59 of the Clean Neighbourhoods and Environment Act 2005 must first successfully complete a fixed penalty training course. A community council may use the revenue raised pursuant to fixed penalty notices for the purposes of its functions in relation to the relevant legislation under which it was issued.

The Regulations can be accessed at the following link:-

http://www.opsi.gov.uk/legislation/wales/wsi2007/20070739e.htm

Air Quality

The Air Quality Standards (Wales) Regulations 2007 entered into force on 15th March 2007, implementing a number of European Directives relating to air quality, including those on assessment and management, limits values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead, limit values for benzene and carbon monoxide, ozone, arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air. It also takes cognisance of the Directive on public participation in relation to plans and programmes relating to the environment. Previous legislation on air quality and applying to Wales is revoked.

The Welsh National Assembly is designated as the competent authority for the purposes of the Regulations. The Regulations require certain air quality standards to be attained in respect of the various pollutants detailed. Group A pollutants are subject to limit values, and include benzene, carbon monoxide, lead, nitrogen dioxide and oxides of nitrogen, particulate matter and sulphur dioxide. Group B pollutants are subject to target values, and include arsenic, benzo(a)pyrene, cadmium and nickel, or their compounds, within the particulate matter fraction. Target values and long-term objectives are imposed in relation to ozone.

The measures that the National Assembly must take to ensure attainment of the standards are set out, including the preparation and implementation of improvement plans where the concentrations of certain substances exceed the limit or target value plus any specified margin of tolerance. The Assembly must also prepare and where necessary implement action plans indicating the measures to be taken where there is a risk that any limit value or the alert thresholds for nitrogen dioxide, sulphur dioxide or ozone will be exceeded. It is also the duty of the Assembly to assess the concentration of Group A and B pollutants and ozone within each of the zones that they must divide Wales into for the purposes of assessment and management of air quality.

The National Assembly must also disseminate information on air quality to the public, and must produce an annual report for ozone. Action and improvement plans must be available, as must information on their implementation. Mechanisms must be put in place to contribute to the development, modification and review of improvement plans.

The Regulations are available at the following links:-

http://www.opsi.gov.uk/legislation/wales/wsi2007/20070717e.htm

Scottish Legislation

Waste Electrical and Electronic Equipment (WEEE)

The Waste Management Licensing Amendment (Waste Electrical and Electronic Equipment) (Scotland) Regulations 2007 entered into force on 30th March 2007, transposing the permitting requirements of the WEEE Directive (2002/96/EC). The Regulations amend the Waste Management Licensing Regulations 1994 in order to allow for the grant or variation of waste management licenses in relation to WEEE.

New definitions are inserted into the 1994 Regulations in this regard, and the Regulations are amended to provide for the technical competence of those involved in treating WEEE. SEPA are required by the amendments to ensure that waste management licenses granted or varied in respect of the storage or treatment of WEEE contain conditions that satisfy the requirements under the WEEE Directive on treatment of WEEE and technical requirements in relation to it.

Schedule 4 to the 1994 Regulations is amended to require inspection of exempt treatment activities that involve WEEE. There are transitional arrangements for existing licence holders.

The Regulations can be accessed at the following link:-

http://www.opsi.gov.uk/legislation/scotland/ssi2007/20070172.htm

The Air Quality Standards (Scotland) Regulations 2007 entered into force on 29th March 2007, implementing a number of European Directives relating to air quality, including those on assessment and management, limits values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead, limit values for benzene and carbon monoxide, ozone, arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air. It also takes cognisance of the Directive on public participation in relation to plans and programmes relating to the environment. Previous legislation on air quality and applying to Scotland is revoked.

The Scottish Ministers are designated as the competent authority for the purposes of the Regulations. The Regulations require certain air quality standards to be attained in respect of the various pollutants detailed. Group A pollutants are subject to limit values, and include benzene, carbon monoxide, lead, nitrogen dioxide and oxides of nitrogen, particulate matter and sulphur dioxide. Group B pollutants are subject to target values, and include arsenic, benzo(a)pyrene, cadmium and nickel, or their compounds, within the particulate matter fraction. Target values and long-term objectives are imposed in relation to ozone.

The measures that the Scottish Ministers must take to ensure attainment of the standards are set out, including the preparation and implementation of improvement plans where the concentrations of certain substances exceed the limit or target value plus any specified margin of tolerance. The Ministers must also prepare and where necessary implement action plans indicating the measures to be taken where there is a risk that any limit value or the alert thresholds for nitrogen dioxide, sulphur dioxide or ozone will be exceeded. It is also the duty of the Ministers to assess the concentration of Group A and B pollutants and ozone within each of the zones that they must divide Wales and Scotland into respectively for the purposes of assessment and management of air quality.

The Scottish Ministers must also disseminate information on air quality to the public, and must produce an annual report for ozone. Action and improvement plans must be available, as must information on their implementation. Mechanisms must be put in place to contribute to the development, modification and review of improvement plans.

The Regulations are available at the following links:-

http://www.opsi.gov.uk/legislation/scotland/ssi2007/20070182.htm

Contaminated Land

The Radioactive Contaminated Land (Scotland) Regulations 2007 enter into force on 30th October 2007, bringing radioactive causes within the ambit of the contaminated land regime.

However, unlike the way the existing regime operates, local authorities will not be under a duty to "identify" radioactive contaminated land. Instead the local authority must notify SEPA where it considers that land may be contaminated in this way, and SEPA also have an inspection duty. Moreover, the Regulations also say that radioactive contaminated land will be a category of "special site" (i.e. regulated by SEPA), but the power to refer special site decisions to the Scottish Ministers does not apply.

The discretion of the enforcing authority to determine what is reasonable by way of remediation is restricted, the effect being to require the authority to weigh up the benefit of any intervention against the detrimental effect on health and costs arising from the intervention, with a view to maximising the benefit from intervention. The Scottish Ministers have the power to issue guidance on this. In certain circumstances the enforcing authority will have to carry out remediation itself, with the Scottish Ministers having the power to fund the authority for these purposes.

The Regulations can be accessed at the following link:-

http://www.opsi.gov.uk/legislation/scotland/ssi2007/20070179.htm

In Scotland, the Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2007 entered into force on 1st April 2007. The Regulations revoke Schedule 3 of CAR and re-enact it with changes to the General Binding Rules.

The Schedule, as re-enacted, extends the scope of the previous General Binding Rules 1 to 11, but otherwise retains them. The Schedule also includes new rules 12 to 17, which are General Binding Rules relating to removal of, and return of, sediment from the beds of rivers, burns or ditches, the placement of boulders in a river or burn and the temporary abstraction of groundwater from construction sites, maintenance works or for the extraction of geothermal energy.

The Regulations can be accessed at the following link:-

http://www.opsi.gov.uk/legislation/scotland/ssi2007/20070219.htm

Waste

The National Waste Management Plan for Scotland Regulations 2007 entered into force on 23rd March 2007. The Regulations implement facets of the Waste Framework Directive, the Hazardous Waste Directive and the Packaging Waste Directive in relation to waste management plans.

The Environmental Protection Act 1990 s.44B currently requires SEPA to formulate a national waste strategy for Scotland. That is being replaced by a requirement on the Scottish Ministers to have a national waste management plan for Scotland. This must contain their policies in respect of waste recovery and disposal in Scotland. Documents are specified in the Regulations that will form the waste management plan until the formal plan is prepared by the Ministers. SEPA may be required by the Ministers to assist in an advisory role in the preparation of the plan.

The procedures to be followed in relation to public participation in preparation or modification of the plan are set out, as are those to be followed after such participation has taken place.

The Regulations can be accessed at the following link:-

http://www.opsi.gov.uk/legislation/scotland/ssi2007/20070251.htm

Renewable Energy

The Renewables Obligation (Scotland) Order 2007 entered into force on 1st April 2007. It places an obligation on electricity suppliers to supply to UK customers a specified amount of electricity generated from renewable sources. Alternatively, the supplier can provide evidence that other licensed electricity suppliers have supplied electricity from renewable sources instead of it, or it can make a payment to the Gas and Electricity Markets Authority.

Renewable sources of energy include wind, water, solar and biomass.

The main differences instituted by the new Order (compared with the 2006 version) are the introduction of minimum wave and tidal requirements as part of the renewables obligation, in order to stimulate investment and growth in these technologies, as well as changes to allow small and micro generators to amalgamate their output or appoint agents to act on their behalf.

The evidence that a proportion of the electricity supplied has been generated from renewable sources are certificates issued by the Gas and Electricity Markets Authority called SROCs (Scottish Renewables Obligation Certificates). ROC certificated, issued under the Renewables Obligation Order 2006 - applying to England and Wales - may also be produced as evidence. The obligation may also be discharged by tendering other eligible certificates, such as those issued under the Northern Ireland Renewables Obligation orders (NIROCs). Conditions for the eligibility of such certificates are detailed.

Provision is made for the maintenance of a register of SROCs, and for the issue of the certificates by the Authority. SROCs may also be revoked in specified circumstances. The Authority is also given powers to obtain information to enable it to carry out its functions under the Order, and information may be exchanged between the Authority and the Northern Ireland Authority in relation to NIROCs and SROCs. Provision is also made for the preliminary accreditation and accreditation of generating stations, in order that they are eligible to claim SROCs.

The Order is available at the following link:-

http://www.opsi.gov.uk/legislation/scotland/ssi2007/20070267.htm

Northern Irish Legislation

Water and Waste Water

The Water and Sewerage Charges Scheme Regulations (Northern Ireland) 2007 entered into force on 1st April 2007, outlining issues to be included in a water or sewerage undertaker's scheme of charges under the Water and Sewerage Service (Northern Ireland) Order 2006, which allows such undertakers to make charges for the delivery of water and sewerage services.

The charging scheme must include arrangements for providing assistance to certain qualifying consumers through an affordability tariff. The calculation for affordability tariffs are set out in relation to provision of both water and sewerage services. A qualifying consumer must be charged the relevant affordability tariff where they receive a supply of water or are provided with sewerage services, but not where they receive both. Where a consumer occupies a dwelling with a capital value of £100,000 or less an adjusted affordability tariff must be charged.

The circumstances in which an undertaker can charge a qualifying consumer by reference to volume are set out, and the undertaker must fix charges by reference to volume where the charges are lower than the relevant affordability tariffs. Where an undertaker must make a requisition to the water or sewerage network for dwellings constructed before 1st January 2000, these requisitions are to be subject to an allowance set out in a charges scheme. The Department for Regional Development must make a grant to the relevant undertaker equal to the amount of revenue lost as a result of charging the affordability tariffs for the supply of water and provision of sewerage services.

The Regulations can be accessed at the following link:-

http://www.opsi.gov.uk/sr/sr2007/20070151.htm

Landfill

The Landfill (Amendment) Regulations (Northern Ireland) 2007 entered into force on 1st May 2007, partly implementing the Waste Framework Directive and the Landfill Directive.

The Landfill Regulations are amended in order to create an offence where the operator of a landfill continuing to take agricultural waste and/or mines or quarries waste after 31st July 2006 contravenes the requirement to submit a conditioning plan for the site to the Department of the Environment by 1st June 2007. It is also an offence if such an operator contravenes the requirement to submit such reports in connection with the closure of the landfill as required by notice in writing, or fails to comply with and observe the conditions specified in a notice served in relation to the closure of a landfill, or does not comply with the conditions imposed on the operator of a landfill for hazardous waste.

The Regulations are available at the following link:-

http://www.opsi.gov.uk/sr/sr2007/20070179.htm


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