Edie Environmental Legislation Summary November 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 laws covering amendments to Scottish environmental impact assessments, renewable fuel for transport and the control of persistent organic pollutants (POPs) are among the issues considered by legislators.



The Renewable Transport Fuel Obligations Order 2007, SI No. 3072, came into force on 26 October 2007. Amongst other things the Order imposes an obligation on transport fuel suppliers who supply hydrocarbon oil in the United Kingdom to produce evidence that a certain portion of renewable transport fuel has been supplied in the United Kingdom.

The Order also provides for the imposition of civil penalties for those acting in contravention of certain provisions.

Details can be seen here.

Landfill Tax

The Landfill Tax (Material Removed from Water) Order 2007, SI No. 2909, came into force on 30th October 2007 amending section 43 of the Finance Act 1996.

Article 2 of this Order adds new subsection (5) to section 43. This exempts from landfill tax the disposal of material all of which comprises material that has been removed from water and other material that has been added to it so that it is not liquid waste.

This order applies to all of the United Kingdom.

Details can be seen here.


The Persistent Organic Pollutants Regulations 2007, SI No. 3106, come into force on 3rd December 2007.

These Regulations shall enforce Regulation (EC) No. 850/2004 of the European Parliament and of the Council on persistent organic pollutants and amending Directive 79/117/EEC.

They designate competent authorities and enforcement authorities; enforce provisions relating to production, placing on the market and use of specified substances, stockpiles of specified substances and waste management; and provide for applications for a derogation to use different methods of disposal of waste.

Details can be seen here.


Sustainable Development

The Sustainable Communities Act 2007 came into force on 23 October 2007.

The Act aims to promote the sustainability of local communities through encouraging the improvement of the economic, social or environmental well-being of the authority’s area.

Details can be seen here.



The Environmental Impact Assessment (Scotland) Amendment Regulations 2007, S.S.I. No. 484, come into force on 22nd November 2007.

These Regulations, made under section 2(2) of the European Communities Act 1972, amend the Environmental Impact Assessment (Scotland) Regulations 1999.

They implement, in Scotland, Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directives 97/11/EC and 2003/35/EC in relation to applications for the approval of reserved matters made in connection with the grant of outline planning permission.

Details can be seen here.

The Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Scotland) Regulations 2007, S.S.I. No. 485, come into force on 23rd November 2007.

These Regulations implement, in Scottish marine waters, Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (as amended by Directives 97/11/EC and 2003/35/EC); and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora in so far as they relate to the extraction of minerals by marine dredging.

Details can be seen here.

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