Monday, April 12, 2010

Legislation, legislation, legislation - A post by Catherine


The beginning of April was pretty busy in terms of legislation coming into force, so I thought I’d do a bit of a roundup on all the key pieces that will affect most businesses, as well as the odd bit which is a bit more specific!

The Environmental Permitting (England and Wales) Regulations 2010 further extends the scope of environmental permitting to cover discharge consents, groundwater authorisations and radioactive substances authorisations. If you currently have a discharge or authorisation for any of these activities, you don’t have to re-apply, they will automatically become environmental permits. Revisions to waste exemptions, which we blogged about previously here, are also contained within these new Regulations. Check the Environment Agency’s table to ensure you register your new exemptions by the end of the transitional period.

The £8 per annum landfill tax escalator continues to raise the cost per tonne, and from 1st April the standard rate is now £48 per tonne for active waste, with inert waste staying at £2.50 per tonne.

The Carbon Reduction Commitment Energy Efficiency Scheme went live on the 1st April. If you have a half-hourly meter and used 6,000 MWh of electricity in 2008, you have between now and the end of September to register here. Last week there was a live question and answer session on the CRC with an expert panel, including representatives from the Environment Agency and IEMA, and you can read the discussions here.

The Flood and Water Management Act 2010 received Royal Assent on 8th April. The Bill was introduced partly as a response to the severe flooding of summer 2007. It places obligations on the Environment Agency to develop and maintain a national flood and coastal erosion risk management strategy. One of the more interesting provisions is the removal of the automatic right for new developments to connect to sewers, which is to encourage the uptake of sustainable urban drainage systems (SUDs). You can read the full text of the Act here.

From April 1st, duty rates for biodiesel and bioethanol increased to the same level as conventional petrol and diesel, but the Biodiesel Duty (Biodiesel Produced From Waste Cooking Oil) (Relief) Regulations 2010 means that biodiesel derived from waste cooking oil will continue to benefit from a 20 pence per litre duty until 2013.

With the date now fixed for the general election, it will be interesting in the coming month to see how the main parties play their ‘environmental’ cards, and what hints we’ll get for any future environmental legislation.

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