Environment Bill (published) Part 3 (England & UK part)

The Bill is here. 130 Clauses in 8 Parts, and 20 Schedules.

The Explanatory Memorandum is here.

The Environment Bill (“the Bill”) is comprised of two thematic halves.

(1) A legal framework for environmental governance once the UK leaves the EU.

This was earlier published in part as the draft Environment (Principles and Governance) Bill on 19 December 2018, fulfilling a legal obligation set out in section 16 of the European Union (Withdrawal) Act 2018. The measures published at that time related only to environmental principles and governance, and placing the government’s 25 Year Environment Plan on a statutory footing.

I posted two Blog posts about this (Brexit) – one on Parts 1&2 and one on the Environment Bill changing UK REACH (Brexit Law).

(2) Provision for specific improvement of the environment, including measures on waste and resource efficiency, air quality and environmental recall, water, nature and biodiversity, and conservation covenants.

SPECIFIC IMPROVEMENT of the ENVIRONMENT

Part 3 – the Waste and Resource Efficiency Part of the Environment Bill – includes –

– requiring producers to pay the full net cost of managing their products at end of life to incentivise more sustainable use of resources;

[some of this aligns with EU policy]

– allowing deposit return schemes to be established, whereby a deposit is included in the price of an in-scope item (such as a drink in a bottle or can) which is redeemed when the item is returned to a designated point;

[some EU member states have deposit return schemes, this aspect has been pre-consulted on by DEFRA]

– enabling producer responsibility obligations to be applied at all levels of the waste hierarchy to, for example, facilitate the prevention of food waste and increase the redistribution of food surplus;

[extended producer responsibility is also an EU objective in changes already made to some EU waste law]

– enabling charges to be applied to specified single-use plastic items;

[this aspect has been pre-consulted on by DEFRA]

– requiring local authorities in England to collect the same range of materials for recycling from households;

– ensuring households have a weekly separate food waste collection;

– ensuring businesses and public bodies present recyclable materials for separate collection and arranging for its separate collection;

[some of this is already provided for in existing Law, with regional variants]

– enabling government to set resource efficient product standards and information and labelling requirements, to drive a shift in the market towards durable, repairable and recyclable products;

[I wrote a recent Blog post about changes in EU eco-design law in this area]

– improving proportionality and fairness of litter enforcement, by issuing statutory guidance on the use of enforcement powers and extending an existing power to set out conditions to be met by all those carrying out enforcement activity;

– improving the management of waste, by enabling the Secretary of State to make regulations in relation to waste tracking digitally;

– improving the regulators’ effectiveness in tackling waste crime, reducing the cost of that criminal activity on the wider economy, environment and society;

– allowing the Environment Agency to be more flexible and responsive in managing exempt waste sites and ensure proportionate controls are in place to avoid environmental harm or illegal activity as waste market practices change;

– filling a gap in existing powers to ensure that waste can be collected and disposed of when normal processes fail;

– enabling the Secretary of State to make regulations to amend the permitted range of penalties for existing Fixed Penalty Notices; and

– enabling the Secretary of State to regulate the import, export or transit of waste and hazardous waste.

[Brexit Law makes provision for the international shipment of radioactive waste, shipments of waste to the EU after EU Exit will be subject to EU third country rules, unless new bi-laterals are agreed, or this matter is addressed in the trade deal]

As a Bill, this document would need to pass both Houses of Parliament to enter the statute books. You note, I pegged this as England.

Scotland and Northern Ireland already have Law on food waste. Waste is a devolved matter.

However, some Clauses are intended to have effect outside England – see page 194 of the Explanatory Memorandum which has a table.

If the Bill enters the statute books, the provisions then need to be commenced, some may be commenced immediately, such as those that are needed directly for EU Exit, but there could be a substantive delay in the commencement of other Part, such as Part 3.

I will issue further Blog posts, please look out for them.

Environment Bill (published) Parts 1&2 (UK Brexit)

Exit day is 31st October (this date is set out in a Statutory Instrument)

The Bill is here. 130 Clauses in 8 Parts, and 20 Schedules.

The Explanatory Memorandum is here.

The Environment Bill (“the Bill”) is comprised of two thematic halves.

(1) A legal framework for environmental governance once the UK leaves the EU.

This was earlier published in part as the draft Environment (Principles and Governance) Bill on 19 December 2018, fulfilling a legal obligation set out in section 16 of the European Union (Withdrawal) Act 2018. The measures published at that time related only to environmental principles and governance, and placing the government’s 25 Year Environment Plan on a statutory footing.

(2) Provision for specific improvement of the environment, including measures on waste and resource efficiency, air quality and environmental recall, water, nature and biodiversity, and conservation covenants.

Part 1 – the Environmental Governance Part of the Environment Bill – includes –

– allowing the government to set long-term targets (of at least 15 years duration) in relation to the natural environment and people’s enjoyment of the natural environment via statutory instrument;

– requiring the government to meet long-term targets, and to prepare remedial plans where long-term targets are not met;

– requiring the government to set, by October 2022, at least one long-term target in each of the priority areas of air quality, water, biodiversity, and resource efficiency and waste reduction;

– requiring the government to set and meet an air quality target for fine particulate matter in ambient air (PM2.5);

– requiring the government to periodically review all environmental targets to assess whether meeting them would significantly improve the natural environment in England;

– establishing the process by which a long-term target is set and amended, as well as an enhanced process where a long-term target is lowered or revoked;

– requiring the government to have, and maintain, an Environmental Improvement Plan, a plan to significantly improve the natural environment, which sets out the steps the government intends to take to improve the natural environment, and which sets out interim targets towards meeting the long-term targets;

– requiring the government to produce an annual report on the Environmental Improvement Plan, to consider progress towards improving the natural environment and meeting the targets;

– requiring the government to review the plan periodically, to consider progress and whether further or different steps are needed to improve the natural environment and meet the targets, and if appropriate revise the plan;

– requiring the government to collect and publish data used to measure progress in improving the natural environment and meeting the targets;

– requiring the publication of a policy statement on environmental principles setting out how environmental principles specified under the Bill are to be interpreted and applied by Ministers of the Crown during the policymaking process;

creating a new, statutory and independent environmental body, the Office for Environmental Protection (OEP), to hold government to account on environmental law and its Environmental Improvement Plan once the UK leaves the EU;

– defining the scrutiny, complaints and enforcement functions of the OEP and their scope;

– establishing an OEP enforcement process of environmental review in the Upper Tribunal; and

– defining the nature of the OEP, including considerations of membership, remuneration, staffing, powers, reporting, funding, accounts and other issues.

Part 2 – the Environmental Governance: Northern Ireland Part of the Environment Bill – includes –

– extending the application of the OEP to Northern Ireland, and making separate provision for Environmental Improvement Plans and environmental principles in Northern Ireland.

Delegated Powers Statement is here. [Environment is a delegated responsibility in the UK]

The delegated powers in the Bill fall into five thematic categories.

(1) there are powers that are needed as a result of the UK leaving the EU;

(2) there are provisions which modify, or are based upon, existing delegated powers;

(3) there are provisions which create new delegated powers to give effect to new environmental policy;

(4) there are powers for devolved administration ministers to make equivalent provision to UK Ministers;

(5) there are general provisions which are required for the Bill to have effect.

Provisions falling into the first category are intended to avoid a governance gap and to ensure the government can deliver on its environmental ambition when the UK leaves the EU.

All of the powers in Parts 1 and 2, plus six other powers fall into this category, as below:

– Existing environmental targets are largely derived from EU law and when the UK leaves the EU it may wish to set its own targets that differ and go beyond those of the EU that will have been retained for the time being in domestic law.

– Clauses 1 and 2 provide for regulations to set targets for matters relating to improving the natural environment or people’s enjoyment of it, and an air quality target in respect of the pollutant fine particulate matter (“PM2.5”).

– Environmental principles are reflected in various international instruments and are set out in the EU treaties. However, a clear articulation of these principles has never been laid out clearly at a national level. The Environment Bill will change this through requiring the publication of a statutory policy statement (clause 16) on the interpretation and proportionate application of the principles, to which Ministers will have a duty to have due regard when making policy. (This is not a delegated legislative power but it is included in Annex A. Northern Ireland has the same power in paragraph 6 of Schedule 2.)

– Clause 40(5) would allow the Secretary of State to set out in secondary legislation which legislative provisions come within the definition of “environmental law”, if required, in order to ensure that there is clarity about the scope of that definition (which in turn will define the scope of the OEP’s enforcement function). Northern Ireland would have the same power in paragraph 18(6) of Schedule 3. The aim of this power is to provide certainty to the OEP, public authorities and the public about the OEP’s remit, in the unlikely case that uncertainty cannot be resolved by other means.

– A number of regulation-making powers (clauses 56, 58, 79-81, 122 and Schedule 20) allow Ministers to make changes in relation to regulations made under section 2(2) European Communities Act 1972. This will, for example, ensure that the lists of priority substances for surface waters and groundwater and their environmental quality standards do not remain fixed and therefore potentially out of date or unsuitable for domestic conditions after the UK has withdrawn from the EU. Tying the UK’s standards to those set historically in the EU could increase risks to the water environment. A further example is a power that would ensure the regulation of international waste shipments can respond to the changes in the methods and practices of those engaged in illegal waste shipment activity.

Further Blog posts will cover the other parts of this important Bill.

Environment Bill (England & UK Brexit)

Exit day is 31st October (this date is set out in a Statutory Instrument)

Today, the announced new Environment Bill was given its First Reading. This Bill encompasses the governance aspects already announced by the previous administration (Bill that lapsed) and covers a range of matters, including Waste and Air Quality.

The Policy Statement is here. The Bill generally extends to England only, but its provisions are intended to create a UK wide approach, and some provisions clearly directly extend to the UK (e.g. UK REACH, below) –

On UK REACH – the Environment Bill gives the Secretary of State the power to amend two pieces of legislation regulating the use of chemicals in the UK.

(1) The REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) Regulation regulates the manufacture, placing on the market and use of chemicals. This is a Retained EU Law.

(2) The REACH Enforcement Regulations 2008 set out how the requirements of the REACH Regulation are enforced. This is a domestic UK Law.

Both of these laws are amended by Brexit Law effective from Exit day. Subscribers will find them in the Brexit Consolidated Law List in EHS Legislation Registers & Checklists.

The Policy Statement asserts the powers will enable the Secretary of State to take further steps where necessary to ensure a smooth transition to a UK chemicals regime following the UK’s exit from the EU.

The Policy Statement asserts it will also make it possible to keep the legislation up to date and respond to emerging needs or ambitions for the effective management of chemicals.

The Bill text is not yet public. I will issue further Blog posts once the text is public.

What is happening this week (UK Brexit)

Exit day is 31st October (this date is in a Statutory Instrument)

UPDATE : 26 bills

Today, the minority UK government introduces its new legislative programme of 22 Bills, including a Withdrawal Implementation Bill and an Environment Bill. The debate that ensues is likely to vote down this legislative programme, in whole or in part.

At the same time, the minority UK government is negotiating with the EU for an orderly Exit. We will know on Wednesday if an agreement (UK-EU) is possible to be presented at the European Council meeting of EU leaders on Thursday and Friday.

In the event a UK-EU agreement is reached, the next step is ratification in the UK Parliament and the EU Parliament.

The UK Parliament will sit on Saturday 19th, to decide what it will do.

Please look out for further Blog posts on the matter.

Company Vehicles & Plastic Cotton Buds (Scotland)

The Scottish Government has introduced the following 2 laws :

(1) The Environmental Protection (Cotton Buds) (Scotland) Regulations 2019 – here.

In force from 12th October 2019, they ban the manufacture and sale of plastic stemmed cotton buds in Scotland.

(2) The Transport (Scotland) Act 2019 – here.

This Act introduces low emission zones and workplace parking licensing (Section 4A). Note the consultation provisions.

These laws will be in the next Scotland Email Alert, and will be introduced onto subscribers’ systems shortly.

Medical Devices Notified Bodies (UK Brexit)

Exit day is 31st October (this date is in a Statutory Instrument)

Yesterday (8th October) the MHRA updated its instructions on Notified Bodies.

Here

This link updates on notified bodies: UL International (UK) Ltd address, contact details and EC link updated, BSI Healthcare EC link added, SGS named contact updated and LRQA was removed from the list.

The link also has the published guidance on how medical devices will be regulated.

UK Temporary Import Tariff Regime (UK Brexit)

Exit day is 31st October (this date is in a Statutory Instrument)

Today (8th October) the UK republished it’s temporary Import Tariff Regime that will apply in a no-deal Brexit.

Here

[this Blog does not focus on Customs or VAT]

It is mostly unchanged from the March version. Three aspects have changes – affecting HGVs, bioethanol and clothing –

• lower tariffs on HGVs entering the UK market, striking a better balance between the needs of British producers and the SMEs that make up the UK haulage industry, ensuring that crucial fleet replacement programmes that help to lower carbon emissions can continue

• adjusted tariffs on bioethanol to retain support for UK producers, as the supply of this fuel is important to critical national infrastructure

• tariffs applied to additional clothing products to ensure the preferential access to the UK market currently available to developing countries (compared to other countries) is maintained.