Hazardous Substances/Chemicals

Regulation (EU) 2020/217 amends the Classification, Labelling and Packaging (CLP) Regulation (EC) No 1272/2008 to update classification and labelling requirements for 38 chemicals.

Two new precautionary statements will be introduced and additional labelling requirements will apply to products containing titanium dioxide. 

Waste.

Directive (EU) 2019/904 introduces policies that aim to reduce the use of single-use plastic products across the EU. Products affected include items made of oxo-degradable plastics, cotton bud sticks, cutlery, plates and food and beverage containers.

This Directive is required to be transposed to law in every EU Member State by 3 July 2021. This is after the date the UK is expected to have left the EU. Therefore, it is not clear whether this Directive will be implemented in the UK or not.

Planning (Scotland only)

The Planning (Scotland) Act 2019 (Commencement No. 4 and Transitional Provision) Regulations 2020 bring further sections of the Planning (Scotland) Act 2019 into force.

These sections will require that planning applications will need to be submitted for the use of dwelling houses as short-term holiday lets in certain areas. Specified large developments will also be required to include 'changing places' public toilet facilities.

Climate Change/Energy

The Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations 2020 will apply mandatory minimum energy efficiency standards on domestic private rented properties in Scotland.

Landlords of domestic private rented properties may not let these properties if they do not meet the respective energy performance certificate rating by the dates stated.

Waste

These Landfill Disposals Tax (Tax Rates) (Wales) (Amendment) Regulations 2020 increase the rates of landfill tax payable on these disposals in Wales, where made on or after 1 April 2020.

Climate Change/Energy (Great Britain)

The Feed-in Tariffs (Amendment) (Coronavirus) Order 2020 extends deadlines for accreditation of certain eligible installations under the feed-in tariff (FIT) to account for the impact of the COVID-19 outbreak.

This includes certain large-scale installations under the ROO-FIT scheme and community energy installations registered between 1 and 31 March 2019. 

Planning (England only)

The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020 provides temporary permitted development rights for restaurants, cafes and drinking establishments.

These rights allow these businesses to temporarily provide a takeaway service for hot or cold food.

Climate Change/Energy (Scotland only)

The Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 (Commencement) Regulations 2020 brought outstanding sections of the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 into force. 

The Act sets a legally binding 'net zero' target across all greenhouse gases by 2045. 

Brexit

A draft text of the agreement on the new partnership between the UK and EU has been published by the European Commission.

If agreed by the UK, this includes a range of commitments on the environment. Notably, a non-regression duty would apply on the protection of the environment and actions to tackle climate change applied jointly both before and after the end of the post-Brexit transition period.

Miscellaneous

The 2020 budget included a range of commitments regarding the environment and climate change.

This includes the introduction of a plastic packaging tax, a digital waste tracking system, a UK-only emissions trading/carbon tax system and an extension to the climate change agreement scheme.

Brexit

The UK has published its mandate for post-Brexit trade talks. The mandate aims to achieve a free trade agreement between the UK and EU.

Elements of the mandate are relevant to environmental law. This includes a proposed commitment to not weaken or reduce the level of protection from environmental law to encourage trade or investment. 

However, the mandate aims to allow either party to adopt or modify environmental laws in line with its priorities.

Hazardous Substances/Chemicals

Regulation (EU) 2020/171 amending Annex XIV (the Authorisation List) to the REACH Regulation (EC) no 1907/2006 added 11 substances to the authorisation list under the REACH Regulation (EC) No 1907/2006.

An application for authorisation to continue the use of these chemicals must be submitted by the deadlines specified. The use or placing on the market of each chemical is not permitted after the sunset date unless specifically authorised.

Marine

The Merchant Shipping (Ship-to-Ship Transfers) Regulations 2020 revoked and replaced the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 and its amendments.

Cargo transfer operations by ships above 150 gross tonnes may not be undertaken in controlled waters unless pre-notified and undertaken in accordance with an approved plan.  

Significant impacts on European protected sites will need to be assessed in applications for harbour authority oil transfer licences.

Brexit

The EU's mandate for post-Brexit trade defines intended principles for an agreement with the UK. The EU aims to have as close as possible a partnership with the UK in the future.

The mandate aims to ensure a level playing field for open and fair competition, including common environmental and climate change standards.

Climate Change/Energy

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2020 amended the Greenhouse Gas Emissions Trading Scheme Regulations 2012.

Amendments correct errors and allow the UK to participate in the EU ETS before the end of the Brexit transition period on 31 December 2020.

Wildlife/Biodiversity

The Countryside Stewardship (England) Regulations 2020 replace the countryside stewardship grant scheme for land managers in England from 2021.

The interim scheme introduced by these regulations supports the transition away from the EU Common Agricultural Policy towards a new Environmental Land Management Scheme in 2024.

The interim scheme will continue to provide grants to farmers, woodland owners, foresters and land managers in order to make environmental improvements.

Waste.

The Waste and Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 will make technical amendments to four Northern Irish regulations on and immediately before the date the UK leaves the EU. References to “best available techniques” are removed in the context of municipal waste planning requirements under the Waste Framework Directive (2008/98/EC).

Wildlife / Biodiversity.

The Conservation (Natural Habitats, &c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 amended the Wildlife and Countryside Act 1981. The regulations implement the Invasive Alien Species Regulation (EU) No 1143/2014 in Scotland, which restricts the movement, keeping, breeding sale and release of listed invasive alien species.

Air Pollution.

The Transport (Scotland) Act 2019 will enable local authorities to establish low emissions zones (LEZs) in Scotland. A penalty charge will be payable by persons driving vehicles that do not meet specified emissions standards within a LEZ, unless the vehicle is exempt.

Brexit

Under the European Union (Withdrawal Agreement) Act 2020, the UK left the EU on 31 January 2020. This implemented the withdrawal agreement between the UK and EU.

The post-Brexit transition period under this Act runs until 11pm on 31 December 2020. During the transition period the UK will remain part of the European Economic Area, single market and customs union.

Miscellaneous  / Air Quality. 

The Environment Bill is intended to update Local air quality management legislation and require action plans for designated areas. The Water Resources Act 1991 would also be amended to enable the Environment Agency to modify abstraction licences without providing compensation on certain circumstances.

Miscellaneous / Biodiversity. 

The Environment Bill is intended to amend the planning regime to require 'biodiversity net gain' for developments. Conditions on planning permission would only allow development to proceed once a binding plan stating biodiversity gain actions has been accepted by the planning authority. Additionally, in most circumstances Local highway authorities would be required to consult members of the public before felling street trees.

Legally-binding Conservation Covenants would also be introduced by the bill, enabling landowners to reach voluntary agreements to do (or not do) something with the land to deliver conservation benefits.

Miscellaneous. 

The Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019 transfer powers previously held by the European Commission or other EU authorities to national authorities in England, Wales, Scotland and Northern Ireland. The retained functions may be used to make regulations in respect to air quality, environmental noise marine strategy and water quality.

Climate Change / Energy.

The Smart Export Guarantee Order 2019 will require electricity suppliers with more than 150,000 electricity customers to pay small-scale low-carbon generators for the electricity they export to the grid.

To quality for SEG export tariff payments, generators may not have a capacity exceeding 5MW. The SEG is intended to replace the Feed-in Tariff scheme which closed to new entrants on 31 March 2019.

Plant and Machinery.

The Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019 will continue to recognise the conformity status of products from Switzerland after Brexit. These products include pressure equipment, lifts and personal protective equipment. UK-based importers will also be able to provide their details on a conformity document accompanying products from Switzerland for a limited time, rather than marking their details on the product itself.

Miscellaneous / Waste.

The Environment Bill is intended to introduced 'extended producer responsibility' to parties placing packaging or packaged products on the UK market. These will require these companies to pay sums reflecting the cost of collection, transport, management and administration of waste, not just its processing as at present. In England, Wales & Northern Ireland National authorities may establish deposit schemes to increase recycling and reuse or reduce littering and fly-tipping. Charges may also be applied on single use plastic items.

Planning. 

The Planning (Scotland) Act 2019 (Commencement No. 2, Saving and Transitional Provisions) Regulations 2019 will bring two sections of the Planning (Scotland) Act 2019 into force. Planning authorities will be required determine whether new developments include sufficient measures to “mitigate, minimise or manage” the effect of noise. The maximum level of fines for non-compliance with planning notices and conditions will also be increased.

Wildlife/Biodiversity

The Plant Health Regulation (EU) 2016/2031 applies a consolidated, common regime for the control of plant pests and diseases.

The Regulation applies controls on plant pests, plants, plant material, seeds and other material and will be retained as UK law. A range of regulations implement this Regulation across the UK.

Wildlife / Biodiversity.

The Conservation (Natural Habitats, &c.) Amendment (No. 2) (Scotland) Regulations 2019 will amend the Conservation (Natural Habitats, &c.) Regulations 1994. Scottish Ministers will be able to appoint a body to establish and maintain the register of European sites, which is expected to be the Scottish Natural Heritage. The duty to review existing authorisations under the marine licensing regime when an area becomes a protected site will no longer apply to certain spent licences under the Marine (Scotland) Act 2010.

Wildlife/Biodiversity.

The Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019 will enforce the Invasive Alien Species Regulation (EU) No 1143/2014 in Northern Ireland. This Order aims to prevent and manage the introduction and spread of invasive alien species through the application of offences, enforcement powers and permit and licence regimes for activities involving invasive alien species.

Climate Change / Energy.

The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 would amend the Greenhouse Gas Emissions Trading Scheme Regulations 2012 to implement Phase IV of the EU ETS, if the UK remains an EU Member State until 1 January 2021. The 2019 regulations would establish rules for the handling of EU emissions allowances, greenhouse gas permits and monitoring and reporting obligations from 2021. Extended opt-outs for ultra-small emitters would also be introduced.

Waste.

Existing low risk waste positions, which are collected in an existing document, will be withdrawn and replaced on 20 November 2019. Unless covered by a new low risk waste position, a permit will be required for activities previously covered by a position.

Planning.

The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 amends terms, definitions and references within Scottish planning legislation to reflect that the UK will no longer be an EU Member State after Brexit. The regulations do not introduce any policy changes.

Climate Change / Energy.

The Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 raises greenhouse gas emission reductions targets in Scotland under the Climate Change (Scotland) Act 2009. A net-zero emissions reduction target is applied by 2045. The Scottish Ministers are required to report on progress against targets annually. A citizens’ assembly on climate change will also be created to make recommendations to ministers on the net-zero transition.

Wildlife / Biodiversity Legislation.

The Conservation (Natural Habitats, &c.) (EU Exit) (Scotland) (Amendment) Regulations 2019 will create a UK network of sites previously designated under the Habitats Directive 92/43/EEC and Wild Birds Directive 2009/147/EC.

The European Commission’s role regarding the designation of protected sites will be transferred to the Scottish Ministers. The Scottish ministers will assume the European Commissions administrative and enforcement powers under retained EU law.

Hazardous substances / Chemicals Legislation.

The REACH Etc. (Amendment Etc.) (EU Exit) Regulations 2019 would introduce a UK regime for the registration, evaluation, authorisation and restriction of chemicals (REACH) after Brexit if the UK leaves without a deal, or with a deal that does not include future participation with the European Chemical Agency (ECHA).

The HSE will be the UK regulator for this regime, assuming ECHA's previous roles. Companies manufacturing, importing or supplying chemicals in the UK would ultimately be required to participate in the UK REACH system.

Hazardous substances / Chemicals Legislation.

The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment Etc.) (EU Exit) Regulations 2019 may apply a UK-only system under the Biocidal Products Regulation.

This regime would only be introduced if the UK leaves the EU without a deal or with a deal that does not involve continued cooperation with ECHA. All active substance and product approvals prior to Exit Day would be transferred to the UK regime. Ultimately biocides and biocidal products would need to be included on an approved UK list to place them on the market.

Hazardous substances / Chemicals Legislation.

The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment Etc.) (EU Exit) Regulations 2019 may apply a UK-only Prior Informed Consent (PIC) regime. This regime will only apply if the UK leaves the EU without a deal or with a deal that does not involve continued cooperation with European institutions.

The HSE would become wholly responsible for the export and import of hazardous chemicals covered listed under the PIC Regulation. UK-based companies intending to export chemicals listed under the PIC Regulation would need to notify this via a new HSE system after Exit Day.

Environmental Protection Legislation. 

The Environmental and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 will amend 10 EU Regulations that will be retained as UK law after Brexit. European Commission powers are transferred to policymakers and regulators within the UK.

These regulations also enable the UK Secretary of State or devolved administrations to determine Best Available Techniques (BAT) for permitted industrial sectors after Brexit.

Climate Change/ Energy Legislation.

The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 will amend the Energy Information Regulations 2011 and Ecodesign for Energy-Related Products Regulations 2010.

The 2019 regulations establish UK ecodesign and energy labelling requirements while maintaining existing EU-derived standards and their enforcement. A UK conformity assessment regime for the ecodesign standards will apply.

Miscellaneous.

The Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019 transfer a series of legislative functions currently exercised by the European Commission to various UK administrations to ensure the respective regimes continue to function after Brexit.

Wildlife / Biodiversity.

The Environmental Liability etc. (EU Exit) (Scotland) (Amendment) Regulations 2019 will update references and terms within the Environmental Liability (Scotland) Regulations 2009 to ensure they continue to operate effectively after Brexit.  Competent authorities other than the Scottish Ministers will also be required to notify any environmental damage they become aware of to the Scottish Ministers. 

Producer Responsibility.

The Environmental Protection (Cotton Buds) (Scotland) Regulations 2019 prohibit the manufacture and supply of plastic-stemmed cotton buds. It will be an offence to manufacture, supply, offer to supply or to possess plastic-stemmed cotton buds for supply.