Edie environmental legislation summary (July 2005)
In this month's Semple Fraser and Edie News round-up of new policies and recent changes to legislation that will impact the environmental sector in the UK, Europe and internationally: EU bans phthalates in toys, 13 alien invaders added to list of plants banned from Scottish wilds, Northern Ireland gets new powers to designate and protect environmentally sensitive areas, UK public sector document to become more public and much more.
EC attempt to lift GMO crop ban repelled.
Land drainage regulations amended in England and Wales, public to have their say on Environmental Impact Assessments affecting uncultivated land, extensive changes to pollution prevention and control regulations, landfill regulations amended, minor errors in List of Wastes regulations amended, sale of spray paint to minors is restricted under new Clean Neighbourhoods & Environment Act, Waste Management Licensing regulations updated.
Air quality in Scotland receives greater protection, tighter measures to reduce agricultural nitrate pollution of Scottish rivers, new regulations to monitor movement of GMOs in Scotland, pollution prevention and control regulations in Scotland see raft of amendments, Water Environment Controlled Activities regulations start to trickle in in Scotland, Northern Ireland improves traceability and labelling of GMOs and amends regulations on their deliberate release, pollution prevention and control regulations are amended as are those to control major accident hazards.
Restricting the marketing and use of certain dangerous substances and preparations
MEPs in the European parliament’s Committee on the Environment, Public Health and Food Safety voted on 15 June 2005 with an overwhelming majority on restricting the marketing and use of certain dangerous substances and preparations – phthalates in toys and childcare articles, a serious health issue.
On the basis of Mr Trakatellis’ (EPP-ED rapporteur) draft recommendation for a second reading in view of the Council’s Common Position for adopting the directive, the Committee endorsed the total ban of the use and marketing of three phthalates, DEHP, DBP and BBP, in all toys and childcare articles with concentrations higher than 0.1% per mass of the plastic.
These substances are classified by the Scientific Committee (CSTEE) on the basis of carcinogenic, mutagenic and reprotoxic risk assessment.
The Directive is going to be voted in the Plenary Session in July 2005 and will probably go to conciliation between the European Parliament and the Council.
For details see the following link.
Ministers vote at EU Environment Council in Luxembourg
Ministers met on 24 June 2005 to debate and vote on various issues including:-
It would additionally fix a 50 milligrams per litre (mg/l) limit for nitrates in all groundwaters except in nitrate vulnerable zones. Member States would have to reduce nitrate inputs if the 50 mg/l level is exceeded, but the level itself would not be a binding limit. Member States would have to set national limits for nine other metal and synthetic chemical pollutants.
France, Germany, Greece, Austria and Luxembourg have all banned specific GM crops on their territory, focusing on three types of maize and two types of rape seed.
At a summit of environment ministers on 24 June 2005, the European Commission tried to push through an order to lift the bans in these countries within 20 days but the move was rejected by a qualified majority.
The vote is the first time a Commission proposal on GM crops has been defeated through qualified majority voting among ministers.
The UK government had backed the European Commission proposal to overturn the blanket bans.
The Re-use of Public Sector Information Regulations 2005
These Regulations, which were made on 7 June and coming into force on 1 July 2005, apply to the whole of the UK and implement Directive 2003/98/EC on the re-use of public sector information (the Directive).
They also complement the existing UK Freedom of Information Regulations and Environmental Information Regulations.
The Regulations set up a general framework for the conditions governing reuse of public sector documents in order to ensure fair, proportionate and non-discriminatory conditions for the re-use of such information.
Key principles and objectives of the Regulations are:
For a link to OPSI website click here.
English & Welsh
The Environmental Impact Assessment (Land Drainage Improvement Works) (Amendment) Regulations 2005
These Regulations came into force on 25 June 2005 and amend the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 (“the 1999 Regulations”) which apply to England and Wales only.
Regulation 3 makes amendments to the 1999 Regulations in relation to public participation in determining whether improvements should be carried out, arising from Directive 2003/35/EC, which amends Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, which was previously amended by Directive 97/11/EC.
It specifies additional information that drainage bodies are to place in notices and creates new duties upon drainage bodies to make information on improvement works available to the public, including a duty to maintain a record of all determinations.
Regulation 4 provides that notices under the 1999 Regulations are to be published not only in two local newspapers but also on any website maintained by the drainage body proposing the works.
It also makes provision allowing drainage bodies to substitute for one of the notices required to be placed in local newspapers a notice on the site of the proposed improvement works.
This option will only be available to a drainage body where the site of the proposed improvement works is easily visible from a public highway.
Regulation 5 makes further miscellaneous amendments to the 1999 Regulations not directly related to public participation in decision-making.
It includes English Heritage and Cadw within the definition of bodies to be consulted upon determinations; changes the definition of “the Directive” to take account of Directive 2003/35/EC; and clarifies that the expression “improvement works” includes not only improvements but also alterations to existing works.
In regulation 3(2) of the 1999 Regulations it removes the previous cross-reference to the Directive and instead states that the appropriate authority’s power to give a direction exempting particular improvement works from the requirements of the 1999 Regulations is exercisable on exceptional grounds. In Schedule 3 to the 1999 Regulations, the list of information which the appropriate authority is required to send to other EEA States wishing to participate in the procedures provided for by the Regulations is amended to refer to the information required to be contained in a notice under regulation 6(2).
For a link to OPSI website click here.
The Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) (Amendment) Regulations 2005
These Regulations, which apply to England only and were published in early June coming into force on 25 June 2005, amend the Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) Regulations 2001.
They implement Directive 2003/35/EC providing for public participation in certain environmental decision making – the so-called EIA Directive – on the assessment of the effects of certain public and private projects on the environment, insofar as it affects environmental impact assessments of uncultivated land and semi-natural areas.
They also include amendments to reflect a change in the legislation relating to disclosure of environmental information, and to correct a drafting error in the principal Regulations.
See link to the OPSI website click here.
The Pollution Prevention and Control (Public Participation)(England and Wales) Regulations 2005
These Regulations, which came into force on 25 June 2005, are made under section 2 of the Pollution Prevention and Control Act 1999.
They implement, in England and Wales only, the amendments to the public participation provisions in Directive 96/61/EC made by Article 4 of Directive 2003/35/EC providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (the Public Participation Directive).
The requirements of Directive 96/61/EC concerning integrated pollution prevention and control have been implemented in England and Wales by means of the Pollution Prevention and Control Regulations (the 2000 Regulations).
These Regulations amend regulation 2 and the procedures for public participation in Schedules 4 (Grant of Permits) and 7 (Variation of Conditions) to the 2000 Regulations in order to implement the additional public participation requirements in paragraphs 1 to 3, 5 and 6 of article 4 of the Public Participation Directive.
These requirements apply to all applications for permits to operate new Part A installations and to variations authorising substantial changes in the operation of a Part A installation or variations resulting from a review by the regulator of a Part A installation under regulation 15(2)(a) of the 2000 Regulations.
Regulation 2(2) inserts a new paragraph (2C) in regulation 2 of the 2000 Regulations (Interpretation: general) to expand the definition of “substantial change in operation” as required by paragraph 1(a) of article 4 of the Public Participation Directive.
Regulation 2(3) amends Schedule 4 to the 2000 Regulations, which sets out the procedures for applications and determination of permits under regulation 10 of those Regulations.
Regulation 2(4) amends Schedule 7 to the 2000 Regulations, which sets out the procedures for the variation of conditions of permits under regulation 17 of those Regulations.
Regulation 2(5) inserts a new sub-paragraph to Schedule 9 (Registers) to require the regulator to include in the register the information resulting from the new public participation requirements specified by these Regulations.
Regulation 3 sets out transitional provisions clarifying that the requirements in these Regulations do not apply in relation to applications for permits or variations or proposed variations in respect of which the operator applied, or the regulator notified the operator, before the date of coming into force of these Regulations.
For a link to OPSI website click here.
The Landfill (England and Wales) (Amendment) Regulations 2005
These Regulations, made on 17 June and coming into force on 15 and 16 July 2005, make further amendments to the regulatory regime governing landfills in England and Wales for the purpose of implementing Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC (“the Landfill Directive”).
They also make provision in respect of the implementation of the Landfill Directive.
The Regulations amend the Landfill (England and Wales) Regulations 2002 (‘the 2002 Regulations’ ), both directly as well as indirectly by amendments to the changes made to the 2002 Regulations by the Landfill (England and Wales) (Amendment) Regulations 2004 (‘the 2004 Regulations’ ).
The direct amendments to the 2002 Regulations come into force on 16th July 2005, while the amendments to the 2004 Regulations come into force on 15th July 2005, the day before those Regulations have effect.
The result, therefore, is that all the relevant changes in requirements brought about by both the 2004 Regulations and these Regulations come into effect on 16th July 2005.
Regulations 2 to 6 make amendments to the 2002 Regulations.
The transitional provisions for existing landfills in the 2002 Regulations are amended so as to impose additional conditions in the landfill permits or waste management licences of existing landfills prohibiting the acceptance of certain types of waste at those landfills from specified dates (regulation 6).
The additional conditions prohibit the acceptance by such landfills of whole and shredded used tyres from 16th July 2006 and the acceptance of other specified types of waste from 30th October 2007.
Regulation 3 defines a technical term, while regulation 4 amends the exemption concerning the deposit of non-hazardous dredging sludges alongside small waterways so as to reflect the exact wording of that part of Article 3(2) of the Landfill Directive which this provision implements.
Regulations 5 and 6(2) remove cross-references to a redundant provision inserted in the 2002 Regulations by the 2004 Regulations, which is itself removed by the amendment made to the 2004 Regulations by regulation 8.
The main amendments to the 2004 Regulations concern the setting of criteria for the acceptance of monolithic waste at landfills to provide the same level of environmental protection given by those set for granular waste.
They re-enact, with amendments, the waste acceptance criteria to be met by granular waste and set new waste acceptance criteria for monolithic waste, both in respect of stable non-reactive waste and non-hazardous waste deposited in the same cell with such waste (regulation 13) and waste acceptable at landfills for hazardous waste (regulation 14). Regulations 15 and 16 make provision for the sampling and testing of those wastes, while regulation 12 makes a consequential amendment.
The Regulations also amend the 2004 Regulations to set the limit value for waste acceptable at landfills for inert waste in respect of polycyclic aromatic hydrocarbons (regulations 10 and 11) and to correct a drafting error (regulation 9).
For a link to OPSI website click here.
The List of Wastes (England) (Amendment) Regulations 2005
These Regulations, made on 23 June and coming into force on 15 July 2005, correct minor errors in the List of Wastes (England) Regulations 2005 before those regulations come into force.
In particular, they add to the list of wastes set out in Schedule 1 to the Regulations, certain wastes which are included in the list set out in the Annex to Commission Decision 2000/532/EC (as amended by Decisions 2001/118/EC, 2001/119/EC and 2001/532/EC) (“the List of Wastes Decision”).
For a link to the OPSI website click here.
A consolidated text of the List of Wastes Decision is available here
The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 1) Order 2005
This Order, made on 22 June 2005, brought into force section 32 of the Clean Neighbourhoods and Environment Act 2005 on 1st July 2005.
The Clean Neighbourhoods and Environment Act 2005 applies to England and Wales only.
Section 32 of said Act enacts new rules regarding the sale of aerosol paint to children.
See link to Order on OPSI website.
See link to The Clean Neighbourhoods and Environment Act 2005.
The Waste Management Licensing (England and Wales)(Amendment and Related Provisions)(No. 3) Regulations 2005
These Regulations, made on 29 June and coming into force on 30 June and 1 July 2005 in accordance with Regulation 1, revoke (before coming into force) and remake with amendments the Waste Management Licensing (England and Wales) (Amendment and Related Provisions) (No.2) Regulations 2005 (which in turn revoke S.I. 2005/883).
These Regulations extend to England and Wales, but regulation 6 applies only to England.
Regulation 6 amends regulations 10 and 12 of the 1994 Regulations. Regulation 10 is amended so that each waste regulation authority must enter details of any risk appraisal undertaken for a site to which a waste management licence relates in the public register which the authority maintains under section 64(1) of the Environmental Protection Act 1990 (“the 1990 Act”).
The amendment to regulation 12 varies the descriptions of plant that are to be treated as being mobile plant for the purposes of Part 2 of the 1990 Act.
The remainder of the Regulations concern activities which are exempt from the requirement for a waste management licence under the 1990 Act.
Amendments are made to the conditions which apply to various exempt activities listed in Schedule 3 to the 1994 Regulations by regulations 10 to 17.
A new exempt activity is inserted by regulation 18.
More detailed notification requirements set out in regulation 9 apply to the exempt activities defined as notifiable exempt activities (see regulation 5).
Regulation 3 enables the registration authority to charge for administering these notifications.
Some changes are made which affect all exempt activities.
By regulation 7 the Secretary of State is given the power to issue statutory guidance to registration authorities.
Regulation 8 also clarifies the ability of the registration authorities to remove entries from the register in relation to activities which are not exempt, and increases the penalty for failure to register to level 2 on the standard scale (currently £500).
Failure to register in relation to notifiable exempt activities will be subject to level 3 fines (currently £1,000).
Transitional provisions are included at regulations 19 to 21.
These include the imposition of fees in the period before a charging scheme is put in place.
See link to OPSI website.
The Air Quality Limit Values (Scotland) Amendment Regulations 2005
These Regulations, made on 2 June and coming into force on 25 June 2005, apply to Scotland only and amend the Air Quality Limit Values (Scotland) Regulations 2003 (“the 2003 Regulations”).
Regulation 3 amends the 2003 Regulations so as to implement Article 2 of Directive 2003/35/EC of the European Parliament and of the Council on public participation in respect of the drawing up of certain plans and programmes relating to the environment.
Regulation 3 implements Article 2 in respect of air quality plans and programmes, required by virtue of Article 8(3) of Council Directive 96/62/EC on ambient air quality assessment and management.
For the website of the Scottish Ministers, on which they are required to publish information on public participation in air quality plans and programmes, can be found here.
Regulation 4 amends the 2003 Regulations so as to insert an alternative method for the sampling and measurement of PM10 to bring it into line with the methods provided for in Council Directive 99/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide, and oxides of nitrogen, particulate matter and lead it ambient air.
See link to OPSI website.
The Nitrate (Public Participation etc.) (Scotland) Regulations 2005
These Regulations, made on 2 June and coming into force on 25 June 2005, apply to Scotland only and amend the Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996 (“the 1996 Regulations”) and the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002 (“the 2002 Regulations”).
Regulation 2 amends the 1996 Regulations, principally to give effect to the requirements of Article 2 of Directive 2003/35/EC of the European Parliament and of the Council on public participation in respect of the drawing up of certain plans and programmes relating to the environment.
Regulation 2 gives effect to Article 2 in respect of action programmes for nitrate vulnerable zones required by virtue of Article 5(1) of Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources.
The website of the Scottish Ministers on which they are required to publish information on public participation in action programmes is
Regulation 2 also amends the 1996 Regulations to refer to the updated version of the Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity issued by the Scottish Ministers on 11th March 2005.
Regulation 3 makes a similar amendment to the 2002 Regulations.
See link to OPSI website.
The Wildlife and Countryside Act 1981 (Variation of Schedule) (Scotland) Order 2005
This Order, made on 7 June and coming into force on 25 June 2005, applies in Scotland only and varies Part II of Schedule 9 to the Wildlife and Countryside Act 1981, by adding thirteen species of plant to the list of species of plants which may not be planted or otherwise caused to grow in the wild.
The listed plant species are: fanwort; hyacinth (water); lettuce (water); salvinia (giant); fern (water); parrot’s-feather; pennywort (floating); stonecrop (Australian swamp); waterweed (curly); false-acacia; fig (Hottentot); leek (few-flowered); and shallon.
See link to OPSI website.
The Genetically Modified Organisms (Transboundary Movements) (Scotland) Regulations 2005
These Regulations, which came into force on 30 June 2005, make provision for the execution and enforcement of Regulation (EC) No. 1946/2003 on the transboundary movements of genetically modified organisms.
The EU Regulation implements at Community level the procedures laid down in the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, which was signed by the Community and its Member States in 2000.
In accordance with the Protocol, Community exporters are required to ensure that all requirements of the Advance Informed Agreement Procedure, as set out in the Protocol, are fulfilled.
Regulation 3 designates the Scottish Ministers as “competent authority” for the purpose of the EU Regulation.
Article 3(19) of the EU Regulation provides that the competent authority is responsible for performing the administrative functions required by the Protocol.
Regulation 4 makes provision for the appointment of inspectors.
Regulation 5 and Schedule 2 set out the powers of the inspectors, including powers of entry, the power to carry out tests and inspections, to take samples, and to require the provision of information.
Regulation 6 makes provision for the Scottish Ministers and local authorities to obtain information.
Regulation 7 makes it an offence to contravene Community provisions specified in Schedule 1; to obstruct inspectors and fail to comply with any requirements they impose in the exercise of powers under these Regulations; and to give false information.
Regulation 8 makes provision for offences by third parties.
Regulation 9 provides for offences committed by corporate bodies. Regulations 10 and 11 respectively specify time limits for bringing prosecutions, and prescribe penalties.
Regulation 12 makes provision about notices under these Regulations.
See link to OPSI website.
The Pollution Prevention and Control (Scotland) Amendment (No. 2) Regulations 2005
These Regulations, which came into force on 2 July 2005 and apply to Scotland only, amend the Pollution Prevention and Control (Scotland) Regulations 2000 (the “PPC Regulations”).
Regulation 4 also inserts a new paragraph (10A) to provide that where a substantial change has resulted in the issue of a permit applicable to the part of the installation affected by the change, SEPA may on determination of an application for a permit for the remainder of the installation issue a consolidated permit for the whole installation.
Regulation 8 amends section 1.2 (refining mineral oil and gas, operating coke ovens and coal gasification and liquefaction activities) of Part A of Part 1 of Schedule 1 to the PPC Regulations to qualify the reference to sewage as sewage “sludge”.
Regulation 8 also inserts a new paragraph (j) in that section to regulate odorising natural gas or liquefied petroleum gas where that activity is related to a Part A activity.
Regulation 9 replaces paragraph (i) of section 2.2 (non-ferrous materials) of Part A of that Schedule to include a reference to “furnace, bath or other holding vessel” instead of “installation”.
Regulation 9 also replaces section 2.3 (surface treating metals and plastic materials) of Part A of that Schedule to regulate activities involving the release of surface treating materials using cadmium or any compound thereof in certain quantities.
Regulation 10 also replaces Part A of section 4.7 (manufacturing activities involving carbon disulphide or ammonia) so as to include (unless falling within any description set out in section 6.7 of that Part of that Schedule) any manufacturing activity involving rubber.
Regulation 11 also inserts a new paragraph (1A) in Part A (interpretation of Part A) of section 5.4 (recovery activities) such that Paragraph (a) of that Part applies to recovering by distillation unless carried on as part of an activity falling within any description in Part B of section 6.4 of Chapter 6 or Part B of Chapter 7 of that Schedule.
Regulation 12 replaces paragraphs (b), Part A of section 6.8 (the treatment of animal and vegetable matter) to exclude the disposal of or recycling of animal carcasses or animal waste associated with the production of fishmeal or fish oil for food.
However, it applies to any waste incineration installation only if it is used solely for research, development and testing in order to improve the incineration process and which treats less than 50 tonnes of waste per year.
See link to OPSI website.
The Water Environment (Controlled Activities) (Scotland) Regulations 2005
These Regulations, made in June 2005 but which will not in the main come into force until 1st April 2006, except for Regulation 54 which shall come into force (for the purposes of paragraphs 7 and 8 of Schedule 10) on 1st July 2005, and Regulation 54 (for all other purposes and the remainder of Schedule 10) on 1st October 2005.
They are made under section 20 and 25 of, and schedule 2 to, the Water Environment and Water Services (Scotland) Act 2003 (“the Act”).
The Act transposed European Parliament and Council Directive 2000/60/EEC establishing a framework for Community action in the field of water policy (“the Directive”).
These Regulations provide the mechanism by which most of the measures required under Article 11(3) (other than those required by Article 11(3)(b)) of the Directive will be taken.
They also make provision to meet the requirements of Article 23 of the Directive in respect of those measures. Regard has been had to the requirements of Article 4, in particular Article 4.6, and to the terms of Article 14.1 of the Directive.
Part I of the Regulations sets out the scope of the Regulations and the main objectives to be achieved.
Regulation 2 and Schedule 1 sets out definitions of expressions used in the Regulations.
Words and expressions used in the Regulations and not defined in regulation 2 take the meaning given in the Act (see in particular sections 1(2), 3, 20(3) and (6), and 28).
Regulation 3 amends the definition of controlled activities in section 20(3) of the Act, and amends the definitions of “abstraction” and “impounding works” for the purposes of that definition. Regulation 4 sets out the application of the Regulations.
Regulation 4(1) and schedule 2 sets out the category of activities to which the Regulations apply – the “controlled activities”.
Regulation 5 prohibits the carrying out of any controlled activity unless authorised under the Regulations.
Regulation 6 makes provision for a duty to secure efficient and sustainable water use.
Part II of the Regulations describes the authorisations which are given under them and which are necessary to avoid breach of the prohibition in regulation 5.
Regulation 7 makes provision for the carrying out of particular activities in accordance with general binding rules. The activities and the rules are specified in Schedule 3.
Regulation 8 makes provision for the regulation of activities which are not considered to be likely to have significant adverse impact on the water environment, to be authorised in accordance with a registration, to which conditions may be attached.
Regulation 9, which applies where an authorisation under regulations 7 or 8 is inappropriate, may authorise the carrying on of an activity, also subject to any conditions which are necessary or expedient for the purposes of the protection of the water environment.
The matters which require to be taken into account in setting conditions under regulation 8 or 9 are set out in regulation 15.
Regulation 10 makes specific provision to ensure that any activities authorised are fully compliant with Council Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances.
Regulation 11 gives the Scottish Environment Protection Agency (“SEPA”) powers to impose an authorisation where it considers an unauthorised activity is being carried out in contravention of regulation 5, or an activity regulated under regulation 7 requires additional measures to protect the water environment, or where an existing authorisation under regulation 8 would be more appropriately authorised under regulation 9, or vice versa.
Part III of the Regulations makes provision for applications and their determination. Regulation 12 makes provision for an application to SEPA to be in such form as SEPA may require from time to time.
An application requires to be accompanied by a charge prescribed in accordance with schedule 5, and such information as SEPA may require.
Regulation 13 makes provision for advertisement of applications where the activity has, or is likely to have, an adverse impact on the water environment.
Regulation 14 makes provision for SEPA to request additional information.
Regulation 15 sets out the requirements that SEPA must comply with when determining an application.
This includes assessing the risk to the water environment posed by the activity concerned and applying the requirements of the legislation set out in Part I of Schedule 4.
Regulation 16 makes provision for the time limits within which SEPA must deal with applications and for periods that may be disregarded in calculating those time limits.
Regulation 17 makes provision for Scottish Ministers to direct SEPA to refer to them for their determination, any application or applications under these Regulations.
Discretion is given to Ministers as to whether or not to hold a local inquiry into an application and provision is made for the determination of the application by Scottish Ministers to be implemented by SEPA.
Part IV of the Regulations makes provision for the modification and termination of authorisations.
Regulation 18 requires SEPA to periodically review the authorisations it grants under regulations 8 and 9, and to make recommendations to Scottish Ministers regarding any changes that may be necessary to Schedule 3 (general binding rules).
Regulation 19 gives power to SEPA to review any authorisation under regulations 8 or 9 and regulation 20 makes provision for the procedure to be followed in such a variation.
Regulation 21 makes provision for the responsible person or operator in respect of an authorisation to apply for a variation of it, and makes provision for the procedure to be followed in such cases.
Regulation 22 makes provision for transfer of an authorisation and regulation 23 makes provision for conditions to be attached to such transfers.
Regulation 24 makes provision in respect of the surrender of authorisations and regulation 25 makes provision for the determination of a surrender application in relation to authorisations under Regulation 9. Regulation 26 makes provision for revocation or suspension of an authorisation.
Part V makes provision for enforcement of the Regulations.
Regulation 27 places a duty on SEPA to monitor compliance with and enforce the provisions of the Regulations.
It requires SEPA to consult and collaborate with the Environment Agency in respect of the discharge of their functions under the Regulations in the Solway Tweed River Basin District and the Northumbria River Basin District.
Regulation 27 also gives SEPA power to have other persons carry out examination and investigation on its behalf for the purposes of discharging its duties under the Regulations, and the power to authorise persons to exercise the powers specified in Part I of Schedule 6 in accordance with the requirements of Parts II and III of that Schedule.
Parts IV and V of Schedule 6 make provision for the evidential status of certain matters dealt with in accordance with Schedule 6 and for compensation in certain circumstances.
Regulation 28 gives SEPA the power to issue enforcement notices to ensure compliance with the Regulations and to remedy or prevent significant adverse impacts on the water environment or any part of it.
SEPA may issue a notice requiring the responsible person or operator to carry out steps, within such time limits as it may consider appropriate, and those steps may include cessation of the controlled activity for a specified period.
Regulation 29 gives the SEPA the power to itself carry out steps that could be required in an enforcement notice and to be entitled to recover the cost of doing so from the responsible person or operator.
Regulation 30 deals with the circumstances in which an enforcement notice requires a responsible person or operator to carry out work on land outwith the ownership or control of that person.
In particular, it makes provision for the payment of compensation in certain circumstances and Schedule 7 makes provision for application for and assessment of the level of compensation.
Regulation 31 makes provision for SEPA to take proceedings in any court of jurisdiction against a person who has failed to comply with the requirements of an enforcement notice where it considers prosecution for such failure would not afford an effectual remedy.
Part VI of the Regulations make provision for obtaining information and for the maintenance of a public register of information in respect of the Regulations.
Regulation 32 gives Scottish Ministers power to obtain information from SEPA, and for SEPA to obtain information from other persons.
Regulation 33 requires SEPA to maintain a register of the particulars specified in Schedule 8.
SEPA has a duty is to make the register available at all reasonable times for inspection by the public, free of charge.
Regulations 34 to 39 make provision in respect of confidential information.
Regulation 34 defines confidential information; regulation 35 makes provision for a person giving information to have it determined commercially confidential; regulation 36 makes provision for SEPA itself to determine that information is commercially confidential; regulation 37 enables SEPA to periodically review its determinations of commercial confidentiality and regulation 38 makes provision in relation to information that has been determined not to be commercially confidential.
Regulation 39 allows Scottish Ministers to give SEPA directions that particular information or descriptions of information are to be included in the register.
Part VII makes provision in relation to offences. Regulation 40(1) specifies the actions or inactions which are created as offences under the Regulations.
Regulation 40(2) makes provision for penalties on conviction.
Regulation 41 makes provision in respect of the commission of offences by bodies corporate.
Regulation 42 makes provision for when the commission of an offence by one person is due to the act or default of another person.
Regulation 43 makes provision as to the admissibility of evidence in specified circumstances.
Regulation 44 specifies defences to the offences set out in Regulation 40(1).
Regulation 45 makes provision for the court, in addition to, or instead of, imposing a punishment, to order the convicted person to carry out steps to remedy the adverse impact on the water environment resulting from the commission of the offence.
Part VIII makes provision for appeals. Regulation 46 specifies the circumstances in which appeals may be made to Scottish Ministers.
Regulation 47 makes provision as to the decisions Scottish Ministers may make and the action to be taken to implement those decisions. Regulation 48 makes provision for the continuation or the suspension of the effect of the decision appealed against.
Regulation 49 makes miscellaneous provisions in respect of appeals, gives effect to Schedule 9 in respect of appeal procedures and applies section 114 of the Environment Act 1995 to appeals under the Regulations.
Part IX makes various general provisions. Regulation 50 applies the Regulations to the Crown.
Regulation 51 makes provision for the application of the Regulations to SEPA.
Regulation 52 makes provision for Scottish Ministers to issue guidance to SEPA.
Regulation 53 makes provision in respect of all notices served under the Regulations.
Regulation 54 introduces the supplementary and transitional and savings provisions contained in Schedule 10 to the Regulations.
These make provisions for the transfer of authorisations under the Control of Pollution Act 1974 to the new regime; for the interaction between existing pollution control regimes and this regime and for applications in respect of abstractions and impoundments to be made between 1st October 2005 and 31st March 2006.
See link to OPSI website.
The Genetically Modified Organisms (Traceability and Labelling) Regulations (Northern Ireland) 2005
These Regulations, published in early June and coming into force of 30 June 2005, make provision in respect of Northern Ireland only for the execution and enforcement of Regulation (EC) No. 1830/2003 concerning the traceability and labelling of genetically modified organisms and the traceability and labelling of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC.
Regulation 3 provides for the enforcement of the Regulations and the specified Community provisions (the provisions of Regulation (EC) No. 1830/2003 specified in the Schedule) and makes provision for the appointment of inspectors.
Regulation 4 sets out the powers of inspectors, including the power to carry out tests and inspections and to take samples.
Regulation 5 makes provision for district councils and the Department to obtain information.
Regulation 6 provides for the service by inspectors of notices dealing with incorrectly labelled products. Regulation 7 makes it an offence to contravene the specified Community provisions; to obstruct inspectors in the exercise of powers under these Regulations; and to give false information.
It sets out a due diligence defence in respect of the contravention of the specified Community provisions.
Regulation 8 makes provision for offences committed by third parties.
Regulation 9 makes provision for offences committed by corporate bodies.
Regulations 10 and 11 prescribe penalties and specify time limits for bringing prosecutions.
See OPSI website link.
The Genetically Modified Organisms (Deliberate Release) (Amendment) Regulations (Northern Ireland) 2005
These Regulations, published in early June and coming into force on 30 June 2005, amend the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003.
The amendments to the 2003 Regulations give effect in Northern Ireland to the consequential amendments made to Council Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms by Council Regulation (EC) No. 1829/2003 on genetically modified food and feed – the so-called Food and Feed Regulation.
These amending Regulations:
See OPSI website link.
Environmentally Sensitive Areas Designation Order (Northern Ireland) 2005
This Order applies to Northern Ireland only and came into force on 8 June 2005.
Article 3 of the Agriculture (Environmental Areas) (Northern Ireland) Order 1987 (“the 1987 Order”) gives the Department of Agriculture and Rural Development (“the Department”) power to designate areas as environmentally sensitive areas where it appears to it particularly desirable to conserve, protect or enhance environmental features in those areas by the maintenance or adoption of particular agricultural methods.
This Order designates certain areas of land as environmentally sensitive areas (Article 3 and Schedule 1).
The designated areas are defined by reference to maps.
Article 3(2) of the 1987 Order enables the Department to enter into an agreement with any person having an interest in agricultural land in a designated area by which that person agrees in consideration of payments to be made by the Department to manage the land in accordance with the agreement.
This Order specifies the requirements as to agricultural practices, methods and operations which must be included in agreements.
It also specifies the matters in respect of which the Department may make payments and the maximum rate of those payments (Article 4 and Schedules 2 to 5).
This Order gives effect in part to the agri-environment element of the programming document based on the rural development plan for Northern Ireland submitted by the UK to the European Commission pursuant to Article 41 of the Council Regulation (EC) No. 1257/1999 and which was approved by Commission Decision C(2000) 3638 of 4th December 2000 as amended and approved by Commission Decision C(2005) 952 of 16th March 2005.
Penalties in respect of any breach of an agreement are provided by Article 72 and 73 of Commission Regulation (EC) No. 817/2004 and by the Environmentally Sensitive Areas (Enforcement) Regulations (Northern Ireland) 2005. This Order revokes, with a saving, an earlier designation order (Article 5).
See link to OPSI website.
Environmentally Sensitive Areas (Enforcement) Regulations (Northern Ireland) 2005
These Regulations came into force on 8 June 2005 and apply to Northern Ireland only. They supplement the Environmentally Sensitive Areas Designation Order (Northern Ireland) 2005 (“the 2005 Order”), detailed above, which gives effect in part to the agri-environment element of the programming document based on the rural development plan for Northern Ireland submitted by the United Kingdom to the European Commission pursuant to Article 41 of Council Regulation (EC) No. 1257/1999 and which was approved by Commission Decision C(2000) 3638 of 4th December 2000, as amended by Commission Decision C(2005) 952 of 16th March 2005.
The Regulations provide for the withholding and recovery of payments payable under an agreement made after the coming into operation of these Regulations under Article 3(2) of the Agriculture (Environmental Areas) (Northern Ireland) Order 1987, as respects agricultural land in any of the areas designated by the 2005 Order.
They also provide for the recovery of interest and the imposition of penalties (regulations 3 to 5).
These Regulations revoke, with a saving, the Environmentally Sensitive Areas (Enforcement) Regulations (Northern Ireland) 2001, (S.R. 2001 No. 270) (regulation 6).
See link to OPSI website.
The Pollution Prevention and Control (Amendment) and Connected Provisions (No. 2) Regulations (Northern Ireland) 2005
These Regulations came into force on 5 June 2005 and apply to Northern Ireland only. They amend the Pollution Prevention and Control Regulations (Northern Ireland) 2003 (“the PPC Regulations”) and the Industrial Pollution Control (Northern Ireland) Order 1997.
Regulation 2(1)(a) removes the definitions of “organic compound” and “volatile organic compound” or “VOC” from the general interpretation section in regulation 2(2) of the PPC Regulations, and regulation 2(4)(l) inserts these definitions into Section 7 of Schedule 1 (SED Activities) to those Regulations.
Regulation 2(1)(b) deletes the definition of “prescribed” in regulation 2 of the PPC Regulations. Regulation 2(2) amends the criteria for determining a fit and proper person under regulation 4 of the PPC Regulations.
Regulation 2(3) deletes paragraph 7 of regulation 27 of the PPC Regulations. Regulation 2(4) amends Part 1 of Schedule 1 (Activities) to the PPC Regulations.
Regulation 2(5) amends Part 2 of Schedule 1 (Interpretation of Part 1) to the PPC Regulations to exclude certain activities carried out in installations or mobile plant used solely for research and development and testing of new products and processes.
Regulation 2(6) inserts a new provision into Part 3 of Schedule 1 (Interpretation of “Part A Installation” etc.) to the PPC Regulations.
Regulation 2(7) deals with amendments to the transitional arrangements in Schedule 3 (Prescribed Date and Transitional Arrangements) to the PPC Regulations and makes further provision with respect to the deemed application process in those Regulations.
Regulation 2(8) makes minor amendments to Schedule 4 (Grant of Permits) to the PPC Regulations.
Regulation 2(9) amends Schedule 7 (Variation of Conditions) to the PPC Regulations.
Regulation 2(10) makes amendments to the information to be contained in a register maintained under regulation 30 of the PPC Regulations.
Regulation 3 provides that an authorisation granted under the Industrial Pollution Control (Northern Ireland) Order 1997 will cease to have effect on the granting of a permit under the PPC Regulations to the extent to which it covers the same authorised process.
Regulation 4 deals with transitional provisions. Regulation 5 revokes the Pollution Prevention and Control (Amendment) and Connected Provisions Regulations (Northern Ireland) 2005.
See link to OPSI website.
The Control of Major Accident Hazards (Amendment) Regulations (Northern Ireland) 2005
These Regulations, made on 29 June and coming into force on 25 July 2005, apply to Northern Ireland only and amend the Control of Major Accident Hazards Regulations (Northern Ireland) 2000 (“COMAH”), so as to give effect to Directive 2003/105/EC amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (to which COMAH gives effect in Northern Ireland), and give belated effect to the latter Directive in one respect.
In addition to minor and drafting changes, these Regulations:
See link to OPSI website.
The Protection of Water Against Agricultural Nitrate Pollution (Amendment) Regulations (Northern Ireland) 2005
These Regulations, made on 21 June and coming into force on 25 July 2005, make provision for implementing, in part, Article 2 of Directive 2003/35/EC on public participation in respect of the drawing up of certain plans and programmes relating to the environment.
The programmes to which that Article applies include action programmes in relation to nitrate vulnerable zones designated under Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources.
Regulation 3 amends the Protection of Water Against Agricultural Nitrate Pollution Regulations (Northern Ireland) 2003 to require provision to be made for public participation in the preparation, review or revision of any action programme in Northern Ireland.
That provision must be made by the Department of the Environment and the Department of Agriculture and Rural Development acting jointly.
Seelink to OPSI website.
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