Deposit Return System (DRS) for Bottles and Cans (England & Wales)

Exit day is 31st October 2019

HMG announce today they will bring in a DRS for drinks containers (bottles and cans) in England and Wales via the Environment Bill.

Here

The cost of the deposit would be added to the price of the drinks included in the scheme when they are purchased. This deposit would be redeemed when consumers return their empty drinks containers to a designated return point.

HMG intend the proposed scope and model of the deposit return scheme to be consulted on in 2020, with the scheme to start no later than 2023.

Statement on UK Politics

The Environmental Bill is queued after various Brexit bills. HMG has a majority of only one in Parliament. None of the Brexit bills are announced for Parliament time. 2023 is beyond the date when a General Election would be held under the Fixed-term Parliaments Act 2011.

F-gases Rules (UK Brexit)

Exit day is 31st October 2019

F-gases are regulated by EU Law.

DEFRA issued today clarifying rules on F-gases.

(1) Recovering, reclaiming and recycling F gas – here.

(2) Recording F gas in equipment you own or service – here.

IF these have an impact on ENV Law Checklists, then the Checklists will be updated, and subscribers to EHS Legislation Registers and Checklists will be notified in the next Email Alert.

Subscribers will note that the Brexit Consolidated Law List (found at the top right of the ENV and OHS Registers home page) has F-gases laws identified as HTML Done (green text) (meaning the changes are now incorporated, and linked from that list).

National Food Strategy – call for evidence (UK England)

Exit day is 31st October.

Today HMG announced a call for evidence to help build a new National Food Strategy for England. Closing date is 25th October 2019.

On 27 June, Defra’s Secretary of State commissioned Henry Dimbleby to conduct an independent review to help HMG create a new National Food Strategy for England (the last one dates 75 years ago).

The purpose of the review is to address the environmental and health problems caused by the food system, to ensure the security of food supply, and to maximise the benefits of emerging agricultural technology.

The terms of reference for the Review is here.

A separate National Food Strategy onsite site has been created and this is the page on that site about the engagement – here.

The online address of the National Food Strategy site is here.

The Review will be published Summer 2020.

The Call for Evidence Closing Date is 25th October 2019 and see the Programme of Engagement on the National Food Strategy site here.

HMG stated it will publish a summary of responses 12 weeks after the consultation closes.

The Call for Evidence is accessed here (and from the National Food Strategy site).

This is a wide ranging exercise, covering obesity, food security, land management, fishing, animal welfare.

The National Food Strategy will examine activity across several departments of state, and build on the Brexit Agriculture and Fisheries Bills, the Industrial Strategy, the Childhood Obesity Plan and the proposed Environment Bill.

Statement about the UK Political Situation (this Blog does not post about Politics, this Statement is now added to Posts where the political situation could alter the content, timing or otherwise affect, the Post itself).

(1) HMG has a majority of one.

(2) Steps are being discussed by Opposition Parties and some backbenchers to prevent a No Deal, in September.

Instructions to Local Governments (UK Brexit)

Exit day is 31st October 2019.

HMG issued today a compilation of Instructions applicable to Local Authorities.

Here.

Local authorities have relevant (to this Blog) functions, and the Instructions sign post to other Instructions issued –

* UK Product Safety and Metrology Guidance in a ‘no deal’ scenario – here (dated 25th March – a Blog post exists already about this)

* Food labelling changes if there’s a no-deal Brexit – here (dated 25th February)

* Health marks on meat, fish and dairy products here (accessed from online compilation dated 7th August – focus on the No Deal instructions)

* Importing high-risk food and animal feedhere (dated 10th April)

* Exporting GM food and animal feed products if there’s no Brexit Deal – here (dated 11th April)

* Importing, exporting and transporting products or goods after Brexithere (dated 22nd February)

* Find a professional to certify export health certificateshere (dated 11th June)

* Importing and exporting waste if there’s no Brexit dealhere (dated 3rd June)

[The UK government has secured an agreement that all UK consents for shipments of notifiable waste that go beyond 31 October 2019 will be rolled over.]

List of Brexit Law applicable to local authorities – here.

Some of these are listed in Cardinal Brexit Law List and are in the midst of being processed into the base law.

Environment Bill (UK)

I posted months ago about HMG proposal for a new Environment Bill. There has not been an Environment Bill since 1995.

Progress to date has been weak, and the aspects that were published so far related only to the Governance and Principles aspects.

Today, 23rd July, the DEFRA Secretary has published an updated Policy Statement (of intentions) – here.

Note : Environment is a policy area that is devolved to the regional nations, so the legislative proposals below would apply in England only. Scotland, Wales and Northern Ireland would decide themselves whether and what to follow.

Note : this Statement identifies the Environment Bill will be introduced in the second Parliamentary Session (we are still in the First).

Air quality

(1) Legislation on key measures in the Clean Air Strategy – sharing responsibility for tackling air pollution (across local government structures and with relevant public bodies), plus enabling local government to tackle emissions from domestic burning.

(2) Powers for government to mandate recalls of vehicles and machinery, when they do not meet relevant legal emission standards.

Nature

(3) Nature policy to have a local community focus – a mandatory approach to biodiversity net gain requiring developers to ensure habitats for wildlife are enhanced, with a 10% increase in habitat value for wildlife compared with the pre-development baseline (national infrastructure projects excepted – we will continue to work to establish potential approaches to achieving biodiversity net gains for nationally significant infrastructure projects and marine development, which remain out of scope of biodiversity net gain in the Bill).

(4) Re net gain, planning and the future Environmental Land Management system (replacing agricultural land subsidies) – a new statutory requirement for Local Nature Recovery Strategies. The aim is for these strategies to help to map out important habitats and opportunities for the local environment to be improved, linking communities’ knowledge and priorities with national environmental objectives.

(5) A new duty on local authorities to consult with local communities to ensure that consultation takes place when a street tree is to be felled.

(6) Legislation on conservation covenants – voluntary agreements between a landowner and others (for example, a conservation charity) to help deliver positive local conservation.

Waste

(7) A series of measures that will fundamentally change the way government, businesses and individuals produce and consume products (this will be a big change).

(8) New legal powers to allow government to set resource-efficiency standards for products, driving a shift in the market towards products that are lasting, can be repaired and can be recycled. Plus clear labelling to enable citizens to make fully informed purchasing decisions.

(9) New powers to introduce Extended Producer Responsibility schemes – for packaging, producers will pay the full net cost of dealing with their packaging waste to incentivise recyclability in its design (this is in line with other countries). At the moment, producers currently only pay about 10% of these costs. This will be a fundamental change to the Packaging and Packaging Waste Producer Responsibility Law.

(10) Legislation to modernise the government’s powers to set producer responsibility obligations, extending them to prevention and redistribution of waste, in particular tackling food waste where there is no Legislation in England.

(11) A simplified approach to recycling across local authorities, making it simpler for the public to recycle. A consistent set of materials will need to be collected from all households and businesses in England, with clearer labelling on packaging.

(12) New powers to enable deposit return schemes, particularly dealing with plastic waste. Plus a new power to be able to introduce charges for specified single use plastic items. (Note, there is new EU Law in this area, I posted about recently).

(13) The Litter Strategy commits to review the mechanism by which councils and other land-managers can be held to account for maintaining their land to the standards set out in the Code of Practice. This includes the current section 91 Environment Protection Act process and other options, taking into account the impacts on local authority prioritisation and costs, the court system and the exchequer.

(14) A series of measures unspecified) to improve the management of waste, enabling better use of resources and to reduce the risk of economic, environmental and social harm.

Water

(15) Legislation to strengthen Ofwat’s powers to update water companies’ licences – in particular bringing the way in which water companies appeal Ofwat decisions in line with that for other utility regulators.

(16) New powers to direct water companies to work together on how they will meet current and future demand for water; making planning more robust, even in drought conditions and/or in areas of water stress, for example by working jointly to transfer between catchments when needed.

(17) A new power to enable future updates to a list of harmful chemicals which must be tackled to protect the aquatic environment.

Review of Marine Protection (England)

DEFRA last week announced the designation of 41 more Marine Conservation Zones in English waters.

Today it is announcing a review of whether and how new stronger protections for areas of the sea known as Highly Protected Marine Areas (HPMAs) could be introduced. This review is to be led by Richard Benyon, a Conservative MP and former Environment and Fisheries Minister who has a particular interest in marine fisheries and their protection. The announcement is here.

The new HPMAs would protect vulnerable areas of England’s coastal, inshore and marine waters by closing them off to any human activity with the potential to cause harm.

The Government’s manifesto includes a commitment to create a Blue Belt of marine protection for Britain’s overseas territories and its own coast.

Per DEFRA – targeted HPMAs would complement the existing network of marine conservation zones and allow vulnerable marine wildlife to fully recover, free from all damaging human activities, with the aim of restoring areas to a pristine state.

The UK’s Blue Belt currently spans 220,000 sq km with 128 Marine Conservation Zones including 89 in English waters.

Targeted Highly Protected Marine Areas would complement the existing network of Marine Conservation Zones, and would mark the most significant expansion of England’s ‘Blue Belt’ of protected areas to date, if it happens.

The review will be asked to establish an evidence-based process and criteria for selecting Highly Protected Marine Areas, and if supported by the evidence, recommend potential locations for pilot sites.

The review is supported by Natural England.

The views of those who use the seas will be at the heart of the review, which will over six months consider the economic and social impacts on businesses and individuals who use the sea, taking into account the views of fishermen, conservation groups, marine industries, and local communities. (DEFRA)