Ban on Outdoor Use of Metaldehyde (UK)

Metaldehyde is used in slug pellets. It’s use is widespread.

Authorisation of Metaldehyde-containing products is regulated by EU law EC Regulation 1107/2009 (Plant Protection Products). This document is a retained law in Britain.

DEFRA announced in September 2020 it would not renew current authorisations for the outdoor use of mollusc-killer in the UK, where Metaldehyde is the active ingredient.

The details are here.

The effect of this decision is from 1st April 2022 Metaldehyde slug pellets should not be used outdoors.

Environment Act 2021 – summary (UK)

The Act is not yet published, neither is any commencement order, nor any regulation.

The closest text is the text as introduced to the House of Lords – here. Note, Environment is a devolved matter, which means the bulk of the Environment Act 2021 provisions relate to England only.

Key points –

(1) the government must set long-term targets in priority areas for England (and may set other long-term targets) – by regulations – air quality, water, biodiversity, resource efficiency and waste reduction. The government must then review these targets in the context of the significant improvement test in section 6.

(2) the government must publish a statement of environmental principles, to be used in policy making.

(3) the government must publish a report (at specified intervals) on developments in international environmental law.

(4) an Office for Environmental Protection (OEP) must be established in England, to carry out certain scrutiny and advice functions. Schedule 3 deals with the OEP as respects Northern Ireland.

(5) Schedule 4 confers powers to make regulations on producer responsibility, replacing authority in earlier legislation which is revoked. Schedule 5 confers powers to charge for disposal costs.

(6) Schedule 8 confers powers to make regulations to create deposit schemes.

(7) Schedule 9 confers powers to make regulations about charges for single-use plastic items.

(8) the Environmental Protection Act 1990 is amended with provisions about the separate collection of recyclable waste in England – glass, metal, plastic, paper and card, food waste.

(9) the Environmental Protection Act 1990 is amended with updated provisions for hazardous waste in England and Wales.

(10) the Waste and Contaminated Land (Northern Ireland) Order 1997 is amended with updated provisions for hazardous waste.

(11) the Environmental Protection Act 1990 is amended with updated provisions for transfrontier waste shipment.

(12) the government may make regulations to recall vehicles or engines on environmental grounds (section 73).

(13) the Water Resources Act 1991 (applicable England and Wales) is amended to require sewerage undertakers to publish and maintain a drainage and sewerage management plan. These provisions were strengthened slightly following consideration in the House of Lords (final Act text not yet published).

(14) the government (and the relevant authorities in the devolved administrations) may make regulations to change water quality standards.

(15) Schedule 14 provides for biodiversity gain to be a planning condition.

(16) the Natural Environment and Rural Communities Act 2006 section 40 duty to conserve biodiversity (England) is substantively enhanced.

(17) local authorities in England must publish biodiversity reports at specified intervals.

(18) there must be more local nature recovery strategies so that they cover the whole of England.

(19) Natural England is empowered to publish a strategy for improving the conservation status of any species of flora or fauna (a special conservation strategy).

(20) Natural England is empowered to publish a strategy for improving the conservation and management of a protected site (a protected site strategy).

(21) local authorities in England must consult before felling street trees.

Environment Act 2021 (UK)

The long awaited Environment Act 2021 finally received its royal assent on 9th November. The government press release is here.

The document is not yet published, and its provisions will need to be commenced. The detail will be in Regulations, which are not yet available.

I had written extensively when the document was first promulgated, and I will write further blog posts on the subject once the Act is published and we see the provisions that are commenced now.

Environment Bill (announced additions) (UK)

The long awaited and highly significant Environment Bill is revived in the current Parliament session. I Blog posted earlier that it would be.

The UK government has made 3 announcements in May –

(1) new legal duties on water companies and the government will be inserted to reduce sewage discharged into waterways – announcement is here

(2) a new additional legally binding target for species abundance for 2030 will be inserted – George Eustice Speech is here

Environmental targets in the Bill are summarised in the October 2020 updated August 2020 policy paper – here.

(3) a new power will be taken to refocus the Habitats Regulations – see George Eustice Speech

[The George Eustice Speech also makes further announcements on consultation and strategy publication in the areas of Nature, Peat and Trees.]

The Bill, as we see it now, was originally revived from the previous May Government after the 2019 general election.

In 2020, the majority of the 2019-2020 Bill provisions were substantially the same as its predecessor, although a number of minor technical changes had been made to the drafting. The substantive additions to the Bill (at the start of 2020) were :

• a requirement on Ministers to make a statement to Parliament setting out the effect of new primary environmental legislation on existing levels of environmental protection (Clause 19); and

• a requirement on the Secretary of State to conduct a two-yearly review of the significant developments in international legislation on the environment, and to publish a report on their findings every two years (Clause 20).

The Commons Library analysed the Environment Bill in March 2020 – here.

Most of the Bill extends to England and Wales and applies in England. There are some parts that extend to the whole of the UK or apply to specific UK nations. For example, there are specific provisions on environmental governance, managing waste and water quality that extend and apply to Northern Ireland only. Provisions on waste including producer responsibility, resource efficiency and exporting waste extend and apply to the whole of the UK, as do the provisions on environmental recall of motor vehicles, and the provisions on the regulation of chemicals.

Note – DEFRA has current consultations relating to the Environment Bill –

(1) Consultation on the Draft Policy Statement on Environmental Principles – here.

(2) Consultation on Introducing a Deposit Return Scheme in England, Wales and Northern Ireland (a Deposit Return Scheme is already legislated for in Scotland) – here.

EU REACH lead shot ban (EU)

25 Jan 2021 amendment to EU REACH – here – bans lead shot in or around wetlands. The amendment is made to EU REACH Annex XVII (the marketing and use restrictions).

From 15 February 2023, a list of activities involving use of lead shot in or within 100 metres of wetlands is banned.

“wetlands” means areas of marsh, fen, peatland or water, whether natural or
artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed 6 metres.

Reaction to this ban is here.

In addition, ECHA (the European Chemicals Agency) has published its proposals for further restrictions on the use of lead in ammunition for hunting, outdoor sports shooting and fishing.

The ECHA proposals are described and found here.

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.

New SSSI for Tees Estuary (England)

Natural England has today confirmed its 2018 notification of the Teesmouth and Cleveland Coast Site of Special Scientific Interest (SSSI) – map area here. Citation is here.

The Tees Estuary is a unique environment where industrial facilities share the landscape with a wide range of coastal habitats which teem with wildlife.

There were previously seven SSSIs protecting parts of the Tees Estuary, which have now been merged and expanded into a single, landscape-scale SSSI, totaling nearly 3000 hectares (or 12 square miles).

The extensions have more than doubled the area of SSSI in the Tees Estuary. Additional areas of sand-dune, saltmarsh, mudflat, grassland, lagoons and estuarial waters are protected, along with the populations of breeding and wintering birds, the iconic population of harbour seals and sand-dune invertebrates.

The extended SSSI also continues to protect two areas of nationally-important geology, notably the mysterious prehistoric ‘submerged forest’, a part of which was exposed on the beach at Redcar after the ‘Beast from the East’ in 2018.

Natural England provides advice on day-to-day operations on the estuary ‘up front’ to set out how current activities can take place in a way that continues to allow wildlife to flourish. The advice is set out in the Memorandum of Understanding of the Tees Estuary Partnership, which has a vision to enhance both the economic and environmental assets of the area.

Per the Natural England press release – The approach embodies the ambitions set out in Defra’s 25 Year Environment Plan, which seeks to put people at the heart of nature by working closely with others and developing shared objectives at a landscape-scale.

The consultation on the SSSI took place alongside a consultation on the extension of the existing Special Protection Area (SPA) and Ramsar site to include additional marine, coastal and freshwater habitats and new bird species for protection. Following the consultation, Natural England will submit its recommendations on these extensions to DEFRA for consideration.

Natural England also designates the Teesmouth National Nature Reserve, and the long sandy beaches, and harbour seal haul-outs are integral and well-loved parts of the local landscapes.

[we welcome Tony Juniper to his role at Natural England, and hope for many more such announcements]

IPBES Report on Biodiversity Loss (International)

A new global report by the UN Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) published yesterday, finds that 1 million species are at risk of extinction — more than ever before in human history.

The Global Assessment Report on Biodiversity and Ecosystem Services, prepared by 145 leading experts from 50 countries, examines the causes of biodiversity and ecosystem change, the implications for people, as well as policy options and likely future pathways over the next three decades. It provides an integrated overview of where the world stands in relation to key international goals, including the Sustainable Development Goals (SDGs) and the Paris Agreement on climate change. In addition to including more than 15,000 scientific and government sources, the report also cites indigenous and local knowledge.

Beginning with the UN Secretary General’s Summit in September and running through the Convention on Biological Diversity (CBD) in 2020, governments are now asked to present commitments.

The media release is here.

The Convention timeline to 2020 is here.

A major UK contribution is the UK Government Commission of Prof Dasgupta, University of Cambridge, to lead a UK government review of the economics of biodiversity. I Blog posted before about this announcement, made recently by the Chancellor.

Information about this Commission is here.

Events today 13th March (UK Brexit, Chancellor’s Statement)

Today a number of key events occurred as follows :

(1) (time limited, no deal) UK customs tariffs were published – a Commons Research Paper gives further details – here. [NB : this Blog does not focus on customs tariffs]

(2) time limited (no deal) special arrangements for the international border on the island of Ireland were publishedhere.

* The UK government would not introduce any new checks or controls on goods at the land border between Ireland and Northern Ireland, including no customs requirements for nearly all goods.

* The UK temporary import tariff announced today would therefore not apply to goods crossing from Ireland into Northern Ireland.

* The UK government would only apply a small number of measures strictly necessary to comply with international legal obligations, protect the biosecurity of the island of Ireland, or to avoid the highest risks to Northern Ireland businesses – but these measures would not require checks at the border.

(3) the UK Chancellor announced :

* Consultation on a new business energy efficiency scheme for SMEshere.

* A review of the Aggregates Levy (put in place in 2002) – here.

* A call for evidence on the strengthening of the UK’s offshore oil and gas decommissioning industryhere.

Offshore oil and gas decommissioning industry – A call for evidence, as announced at Budget 2018, seeking to identify what more should be done to strengthen Scotland and the rest of the UK’s position as a global hub for safe, environmentally-friendly decommissioning that meets the Oil and Gas Authority’s ambitious cost reduction targets.

* A Review on the Economics of Biodiversity – A new global review, led by Professor Sir Partha Dasgupta, to assess the economic value of biodiversity and to identify actions that will simultaneously enhance biodiversity and deliver economic prosperity. The review will report in 2020, ahead of the 15th meeting of the Conference of the Parties to the Convention on Biodiversity in Beijing in October that year.

* Re Biodiversity and conservation in Overseas Territories – A call for evidence inviting creative ideas from stakeholders on how the government can safeguard the biodiversity found in the Overseas Territories.

* Red Diesel: Response to Call for Evidence – A summary of responses to the May 2018 call for evidence on red diesel and air quality.

* In the Environment Bill (so far we have only seen part of the Environment Bill) – mandate net gains for biodiversity on new developments in England to deliver an overall increase in biodiversity.

(4) the Government’s motion to rule out leaving the EU on 29th March 2019 without a Withdrawal Agreement and associated Political Declaration was amended to make it apply universally, and then agreed.

Tomorrow, a Government motion to seek consensus on a delay in the exit date to 30 June 2019 will be debated in Parliament. Note : any delay will require EU approval.

I will issue a new Blog post on the matter of the exit day, tomorrow.

Remember : in international and domestic law the exit day is 29th March 2019.

CITES protected species (UK Brexit)

Instructions were issued recently on how trade in endangered species protected by international CITES convention will operate to and from the UK. CITES applies to listed endangered plants and animals. The instructions are here.

CITES-listed species are listed in Annexes A to D of the EU Wildlife Trade Regulations.

Species in Annex A have the highest level of protection. The instructions state a UK based organisation would still need to apply for a certificate to use an Annex A specimen commercially.

Annex B, C and D species can currently be freely traded in the EU.

The main change will be that a UK based organisation will need CITES permits to move CITES goods between the UK and the EU for species listed in Annexes B to D.

Further information is set out in the instructions.

Note : as with all these current Brexit instructions, a deal (or deals) reached with the EU may change aspects of the instructions. Please keep following this Blog.