Producer Responsibility (UK)

Draft legislation to implement the plastic packaging tax has been published. This tax will apply to plastic packaging components manufactured in the UK or imported that have a recycled content of less than 30% of their total weight.

The tax will apply to organisations manufacturing or importing 10 tonnes or greater of plastic packaging components in any 12-month period. The tax will be charged at a proportional rate of £200 per tonne of packaging.

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.

Air Pollution (Scotland)

The Low Emission Zones (Scotland) Regulations 2021 apply procedures for the proposal and introduction, amendment or revocation of Low Emissions Zones (LEZs) in Scotland. These regulations also specify ‘approved devices’ that may be used for the enforcement of LEZs.

Air Pollution England)

The Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020 place restrictions on the sale of wet wood for domestic burning and limits on the emission of sulphur and smoke from manufactured solid fuels. The regulations also phase out the sale of bituminous coal (traditional house coal).

Producer Responsibility (England)

The Single Use Carrier Bags Charges (England) (Amendment) Order 2021 increases the single use carrier bag charge to 10p.  The charge will also be extended to bags supplied by all sellers of goods, rather than just large enterprises

Planning (Wales)

The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (Wales) Order 2021 will apply additional temporary changes of land use until 3 January 2022. This includes using buildings under use classes A1 (shops), A2 (financial and professional services) or A3 (food and drink) for other purposes.

A temporary development right until 29 April 2022 also allows the installation of awnings on the frontage of hospitality premises.

Climate Change/Energy (UK)

The Capital Allowances Act 2001 (Car Emissions) (Extension of First-year Allowances) (Amendment) Order 2021 extends the enhanced first-year capital allowance rate for cars with low carbon dioxide emissions until 31 March 2025. This allows the full cost of cars to be deducted from profits before tax.

To qualify for this allowance, cars purchased on or after 1 April 2021 must have emissions of 0 grams of carbon dioxide per kilometre driven.

Water (Wales)

The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 supersede the existing nitrate pollution prevention regime in Wales. Organic manure, silage, slurry and nitrogen fertiliser will need to be stored and applied in accordance with this legislation

Climate Change/Energy (Scotland)

The Heat Networks (Scotland) Act 2021 provides powers to regulate the construction and operation of district heat networks and communal heating systems. The Act also sets targets for the uptake of heat networks.

Powers under this Act will be brought into force by forthcoming regulations.

Climate Change / Energy (UK)

The Carbon Accounting (Provision for 2019) Regulations 2021 apply rules for the UK’s net carbon account in 2019. This determines debits and credits from the carbon account, including for domestic aviation.

Climate Change/Energy (Wales)

The Environment (Wales) Act 2016 (Amendment of 2050 Emissions Target) Regulations 2021 revised the 2050 emissions reduction target under the Environment (Wales) Act 2016.

The 2050 emissions reduction target was increased from 80% of the baseline to 100%. As a result, greenhouse gas emissions in Wales must be net zero by year 2050.

Climate Change/Energy (Wales)

The Climate Change (Interim Emissions Targets) (Wales) (Amendment) Regulations 2021 applied more stringent interim emissions reductions targets for Wales for 2030 and 2040.

Producer Responsibility (Scotland)

The draft Environmental Protection (Single-Use Plastic Products And Oxo-Degradable Plastic Products) (Scotland) Regulations 2021 would ban a broad range of single-use plastic products and all oxo-degradable plastic products.

If adopted, products affected would include single-use expanded polystyrene cups and containers, plastic cutlery and plates.

Buildings / Fire Safety (Scotland)

The Building (Scotland) Amendment Regulations 2020 will extend the building standards system to require automatic fire suppression systems to be installed in further buildings. These systems will be required in buildings containing a flat or maisonette, social housing dwellings or shared multi-occupancy residential buildings.

Climate Change / Energy (Great Britain)

The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2021 will provide a 12 month accreditation extension for certain installations under the non-domestic renewable heat incentive until 31 March 2022. The domestic scheme will close to new applicants from 31 March 2022.

Hazardous Substances and Chemicals (Scotland)

The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Amendment Regulations 2020 will reduce the polychlorinated biphenyl contamination threshold that triggers the requirement for decontamination and disposal.

The new threshold requires decontamination and disposal of affected equipment by 31 December 2025.

Transport (England)

The High Speed Rail (West Midlands - Crewe) Act 2021 grants deemed planning permission for the development of High Speed 2 (HS2) Phase 2a between a junction of HS2 Phase 1 (near Fradley Wood in Staffordshire) and a junction of the West Coast Main Line near Crewe.

The Act also provides rights to compulsory acquire land and associated access rights for the project.

Climate Change / Energy (Scotland)

The UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 will apply a variety of Brexit-related powers in Scotland.

The Act enables the application of five ‘guiding environmental principles’, which must be applied with a view to protecting and improving the environment and contributing to sustainable development.

The Act also enables the Scottish Ministers to align Scottish legislation with EU law after 1 January 2021

Details of the UK-only version of REACH that is expected to operate from 1 January 2021 have been published.

UK manufacturers and importers will ultimately be required to register chemicals under UK REACH to continue selling them in the UK. UK downstream users of chemicals may also assume responsibilities for notification and registration under UK REACH.

Hazardous Substances / Chemicals (UK)

The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 makes arrangements for the trade in chemicals between Great Britain and Northern Ireland after the end of the Brexit transition period.

Northern Irish manufacturers, formulators and producers of chemicals will remain subject to the EU version of REACH, while companies in Great Britain will be subject to the UK REACH regime only.

Waste (UK)

The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 will amend a range of legislation to reflect the end of the transition period.

For example, the UK government will become able to amend the list of waste in England, which may also be updated across the UK with consent of the devolved administrations. A range of EU-derived legislation no longer applicable will be revoked.

Hazardous Substances / Chemicals (UK)

The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 will amend a range of chemical legislation to reflect the end of the transition period. This will include the transfer of powers to implement Great Britain-only regimes and modifications to reflect the Northern Ireland protocol.

Miscellaneous (UK)

Guidance has been published on the UK Conformity Assessment (UKCA) mark, which will be introduced after the end of the post-Brexit transition period. The mark will support a UK equivalent to the EU CE marking and conformity assessment regime.

UKCA conformity will be mandatory for qualifying products placed on the market in Great Britain after 1 January 2022.

Producer Responsibility (England and Scotland)

Amendments apply increasing recycling targets for 2021 and 2022 that will apply to packaging supplied by obligated producers. These targets will apply to recycling only: no further recovery targets will be met.

Climate Change / Energy (UK)

The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 establishes a UK registry of emissions allowances under the UK emissions trading scheme (UK ETS), which replaces the EU ETS for most installations in the UK.

Methods to determine and apply free allocations of allowances are also defined.

Waste (Great Britain)

The International Waste Shipments (Amendment of Regulation (EC) No 1013/2006) Regulations 2020 amended the Shipment of Waste Regulation (EC) No 1013/2006 (as retained).

The amendments reflect stringent restrictions applied on plastic waste exports under the Basel Convention.

Producer Responsibility (Scotland Only)

The Deposit and Return Scheme for Scotland Regulations 2020 will introduce a deposit and return scheme for single-use packaging used to supply soft drinks in Scotland. To place these products on the market, organisations will be required to register with the Scottish Environment Protection Agency or a Compliance Scheme.

Producer Responsibility (Scotland Only)

The Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2020 will enable regulators to apply civil sanctions for breaches of the forthcoming deposit return scheme for single-use soft drinks packaging in Scotland.

Monetary penalties and enforcement undertakings may be applied.

Hazardous Substances (EU)

Regulation (EU) 2020/878 will amend the REACH Regulation (EC) No 1907/2006. This amendment updates the information that must be included in safety data sheets. 

Organisations required to prepare safety data sheets have until 31 December 2022 to update these documents.

Climate Change / Energy, UK

The draft Greenhouse Gas Emissions Trading Scheme Order 2020 sets out a UK Emissions Trading Scheme (UK ETS). The UK ETS is planned to operate from the end of the post-Brexit transition period.

If implementation of the UK ETS does not go ahead, a carbon emissions tax will be applied.

Climate Change / Energy (UK)

The Renewable Transport Fuel Obligations (Amendment) Order 2020 will increase the buy-out price for shortfalls against the main renewable transport fuels obligation (RTFO).

This charge applies where fuel suppliers do not meet the required minimum percentage of renewable fuels supplied in each year.

Miscellaneous (UK)

The Trade and Cooperation Agreement between the EU and UK was reached on 24 December 2020 and is now in force.

The agreement applies ongoing requirements on the environment and climate change, including mechanisms to resolve disputes.

Climate Change / Energy (UK)

The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 amended the Greenhouse Gas Emissions Trading Scheme Regulations 2012. Electricity generators in Northern Ireland that supply the wholesale single electricity market in Ireland will remain subject to the EU ETS.

Other amendments made support the exit of all other UK installations from the EU ETS.

Hazardous Substances and Chemicals (UK)

The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 establish a lighter touch notification regime for imports of chemicals from Northern Ireland to Great Britain. Notifications present an alternative to registration under UK REACH for Northern Irish manufacturers, formulators or suppliers of chemicals.

EU REACH requirements will continue to apply in Northern Ireland.

Marine (UK)

The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 apply revised environmental impact assessment (EIA) requirements for a variety of offshore projects. These projects may not start without consent of the Oil and Gas Authority.

Marine 

The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 will update the EIA regime for offshore oil and gas activities.

The regulations include updated requirements on consultation.

Climate Change / Energy (England and Wales)

The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2020 amended the Energy Performance of Buildings (England and Wales) Regulations 2012.

Energy inspections of air conditioning systems must now consider the capabilities of the system for combined air-conditioning and ventilation to optimise performance.

Miscellaneous (Northern Ireland)

The Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020 establish the 'democratic consent process' for the continued application of the Protocol on Ireland and Northern Ireland.

The Northern Ireland Protocol requires the Northern Ireland Assembly to vote periodically to either extend or end Northern Ireland’s alignment with EU law under the Protocol

Environmental Permitting (EU/UK)

Decision (EU) 2020/2009 establishes best available techniques conclusions (BATC) for permitted installations that undertake surface treatment using organic solvents or preservation of wood or wood products with chemicals. Authorities are required to update applicable permit conditions in line with this Decision by 9 December 2024.

Planning (England)

The Town and Country Planning (General Permitted Development) (England) (Amendment) Regulations 2020 extend the expiry deadline for a range of permitted development rights introduced to respond to the COVID-19 pandemic.

Additionally, permitted development rights for new dwellinghouses are revised from 6 April 2021 to require that the national space standard is met.

Climate Change / Energy (England and Wales)

The Electricity Storage Facilities (Exemption) (England and Wales) Order 2020 exempts electricity storage facilities from the obligation to obtain consent under section 36 of the Electricity Act 1989.

This exemption does not include pumped hydroelectric storage facilities.

Climate Change / Energy (UK)

The Heat Network (Metering and Billing) (Amendment) Regulations 2020 amended the Heat Network (Metering and Billing) Regulations 2014​​​​​. Three classes of building supplied with district or communal heating are defined. Metering must be installed for buildings in the 'viable' class in all cases. Meters must be installed for 'open' class buildings where an assessment concludes this is cost-effective and technically feasible. 

Planning (Scotland)

The Town and Country Planning (General Permitted Development) (Reverse Vending Machines) (Scotland) Amendment Order 2020 will permit the installation of compliant reverse vending machines without planning permission, where attached conditions are met. This change aims to help retailers meet take-back duties under the Deposit and Return Scheme for Scotland Regulations 2020.