Agriculture & Fisheries Bills (UK Brexit)

Exit day is Friday (11pm UK time)

The Brexit Agriculture Bill is already published and has a its Second Reading in February. The Brexit Fisheries Bill is being published later today.

The Agriculture Bill relates to England predominantly (and some provisions apply in Wales and Northern Ireland). It mainly deals with agriculture supports (phasing in a new changed basis for these supports that rewards nature and environmental protection), and government collection of data from economic actors in the food supply chain, in England. It enables England, Wales and Northern Ireland to set their own food marketing standards. Separate Agriculture Bills are expected in Scotland, Wales and Northern Ireland.

The Fisheries Bill is [update 30th Jan] publicised by the UK Government – it is not yet in the list of Bills. It sets up a new system for marine and coastal fisheries management, gives new powers to Devolved Governments, and includes a set of UK-wide objectives to manage fisheries stocks sustainably (and a new objective to move towards “climate-smart” fishing in UK waters). It gives new powers to the Marine Management Organisation to give advice and assistance on sustainable fisheries, marine planning, licensing and conservation overseas.

Further Blog posts will be issued on these matters in due course.

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.

Food and Drink Waste Hierarchy (England)

DEFRA today announced a new Food and Drink Waste Hierarchy, applicable in England. Scotland and Northern Ireland already have Food Waste rules, and Wales has stipulations to prevent down the drain disposal.

The (England) Food and Drink Waste Hierarchy is here.

The Hierarchy is as follows :

1 Prevent surplus and waste in your business.

2 Redistribute surplus food.

3 Make animal feed from former food.

4 Recycle your food waste – anaerobic digestion.

5 Recycle your food waste – composting.

6 Recycle your food waste – landspreading.

7 Incinerate to generate energy.

8 Incinerate without generating energy.

9 Send to landfill or sewer.

I will add to Cardinal Environment EHS Legislation Registers & Checklists.

DEFRA update (UK)

On 1st November, DEFRA Secretary Michael Gove appeared before the UK Environmental Audit Committee hearing (having first appeared before the Lords EU Committee). The recording is here.

(1) Consultation for a new Environmental Regulator would likely take place ahead of the UK’s departure in March 2019.

“The need for a body or bodies has been clearly identified… as a need to safeguard the environment.”

“Outside the EU, the question is what replaces the Commission. How do we have the ECJ’s role replicated? I think that this is an absolutely important question, and my thinking is that we should consult on what type of body would be appropriate to replace the role that the Commission and Court have played.”

“It’s right that… we ensure there is a right balance between ensuring people continue to have recourse to the court through judicial review, but also recognise that you might need an agency, body or commission that has the power to potentially fine or otherwise hold government and public bodies to account.”

“We could have a system in that UK that is stronger and more effective than the EU’s because the Government could be held to account in a way that the EU itself currently cannot.”

(2) Re : DEFRA 25-yr Plan – Defra had initially planned frameworks for two separate 25-year environment and food & farming plans, but there would now be only one document published, which would be released either before Christmas or, at latest, in January 2018. The document would feature new policies in key areas such as recycling and biodiversity. 

The plan could see the UK Government step up its voluntary approach on food waste targets (NB Scotland and NI have specific food waste producer obligations, and Wales prohibits down the drawn disposal of food waste). 

“I am very keen that we should try to reduce food waste at every stage in the cycle”

“Having an ambitious target to reduce avoidable waste is an incredibly useful tool and discipline.”

The plan, which will be open for consultation, would be followed by a command paper on the future shape of agriculture, as a prelude to the agricultural bill expected in early Spring.

(3) Re : China’s ban on 24 grades of waste material imports, due to come into force in January [UK exports around 4.5 million tonnes of waste to China for recycling or recovery.]

“I don’t know what impact it will have.”

“It is a very good question and something to which I’ll be completely honest I have not given sufficient thought.”

Food Waste (UK)

Northern Ireland

The Food Waste Regulations (Northern Ireland) 2015 amend the Waste and Contaminated Land (Northern Ireland) Order 1997 (as amended) to provide for the separate collection of food waste from 1st April 2016.

The duty is on food businesses producing in excess of 5kg of food waste per week to present food waste for separate collection. For the period 1st April 2016-31st March 2017, the threshold is 50kg of food waste per week. These businesses must not deposit food waste in a lateral drain or sewer (this duty applies from 1st April 2017).

Waste transporters must collect and transport food waste separately from other waste. This duty applies from 1st April 2015.

Subscribers to Cardinal Environment Tailored EHS Legislation Registers will have their systems updated nearer the time, and a formal Email Alert will be sent out.

Scotland

The above duties apply in Scotland. The relevant dates is 1st January 2016 for the threshold to drop from 50 kg per week to 5kg per week, and for the ban on disposal to drain.

Cardinal Environment Tailored EHS Legislation Registers are already updated, subscribers are reminded in 2015 Annual Reviews, and a reminder Email Alert will be sent out.

England and Wales

No food waste legislation is yet enacted. A Food Waste (Reduction) Bill is introduced as a 10-Minute Rule Motion and has all party support. This bill will have its second reading in January 2016. 

This bill obliges the Secretary of State to make provision for a scheme to establish incentives to implement and encourage observance of the food waste reduction hierarchy; to encourage individuals, businesses and public bodies to reduce the amount of food they waste; to require large supermarkets, manufacturers and distributors to reduce their food waste by no less than 30 per cent by 2025 and to enter into formal agreements with food redistribution organisations; to require large supermarkets and food manufacturers to disclose levels of food waste in their supply chain.

Information on bill progress is found here.

Republic of Ireland (ROI)

ROI has had food waste legislation in place for some time.

Cardinal Environment Tailored EHS Legislation Systems already include these rules.

Food Loss and Waste (UNEP)

COPENHAGEN//WASHINGTON – The World Resources Institute (WRI) yesterday announced the first step in designing a global standard for measuring food loss and waste. The forthcoming guidance, called the “Food Loss and Waste Protocol,” will enable countries and companies to measure and monitor the food loss and waste that occur within their boundaries and value chains in a credible, practical, and consistent manner.

The announcement was made at the Global Green Growth Forum (3GF) conference in Copenhagen, with the leaders of UN Environment Programme (UNEP), World Business Council for Sustainable Development (WBCSD), Waste and Resources Action Programme (WRAP), WRI, and others. The director general of the Food and Agriculture Organization of the UN (FAO) also participated in the forum.

Further information is found here.

The Protocol is being developed here.

Zero Waste Scotland Query

Zero Waste Scotland is today promoting its range of advice and support in connection with the Waste (Scotland) Regulations 2012. See here for their web page entitled Waste (Scotland) Regulations.

Please note, these Regulations do not stand on their own, they insert text into s.34 of the Environmental Protection Act 1990 (into Duty of Care). The relevant clauses are found in our Cardinal Environment consolidated Environmental Protection Act 1990 Part II document issued for Scotland, and should be read there (in conjunction with changes made by other pieces of law).

The key points are:

(1) separate collection of dry recyclables from 1 January 2014 (dry recyclables are defined to comprise glass, metals, plastics, paper or card, including cardboard). Refer to our consolidated law for the details.

(2) separate collection of food waste – again refer to our consolidated law for the details.

Find here the 2012 issued “Duty of Care – A Code of Practice” document – remember these changes affect Duty of Care (s. 34 EPA).