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.

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.

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.

Planning.

The Building (Scotland) Amendment Regulations 2019 replace the duty to design and construct buildings in a way to inhibit the unseen spread of fire and smoke in concealed spaces in building structures or fabric with a more general duty to inhibit any spread of fire and smoke (whether seen or unseen) in cavities (rather than just 'concealed spaces').

Climate Change/ Energy Legislation.

The Alternative Fuel Labelling and Greenhouse Gas Emissions (Miscellaneous Amendments) Regulations 2019 apply standard alternative fuel labels for fuel dispensers and motor vehicles.

These must also be communicated at the point of sale or lease for vehicles. The regulations also amend greenhouse gas emissions intensity obligations on fuel suppliers, allowing credits for upstream emissions reductions in 2019 to be claimed against the obligation.

Waste.

The Hazardous Waste (Wales) (Amendment) Regulations 2019 amends the Hazardous Waste (Wales) Regulations 2005. Consignee returns submitted by waste recipients to producers or holders of hazardous waste will need to reflect the Recast Persistent Organic Pollutants Regulation (EU) 2019/1021. Where waste streams received include persistent organic pollutants (POPs) above the respective threshold, the return must state that this material is a POP.

Hazardous Substances / Chemicals.

The Persistent Organic Pollutants (Various Amendments) Regulations 2019 amend the Persistent Organic Pollutants Regulations 2007, Environment Act 1995 and Hazardous Waste (England and Wales) Regulations 2005 to implement the Recast Persistent Organic Pollutants Regulation (EU) 2019/1021. Consignee returns submitted by waste recipients to producers or holders of hazardous waste need to state any wastes classed as POPs.

Waste.

The Landfill Disposals Tax (Wales) Act 2017 (Reliefs) (Miscellaneous Amendments) Regulations 2019 revise definitions under the landfill tax regime in Wales. Landfill tax relief may be claimed on further materials used for ‘restoration work’ at authorised landfills or used in refilling quarries and open-cast mines.

Climate Change / Energy.

The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2019 apply revised budgetary controls for installations subject to the scheme up to and beyond 30 January 2021.  The availability of tariff guarantees is also extended from 31 January 2020 to 31 January 2021 for applications made on or after 17 July 2019.

Hazardous Substances / Chemicals.

Regulation (EU) 2019/1021 revokes and replaces the prior persistent organic pollutants (POPs) Regulation (EC) No 850/2004 and its amendments. The Regulation has been consolidated primarily for clarity purposes. The production, placing on the market and use of POPs are prohibited or restricted by the Regulation, and existing POPs and associated wastes are to be regulated with the aim of eliminate POPs or prevent releases.

Hazardous Substances / Chemicals.

Decision (EU) 2019/1194 identifies 4-Tert-butylphenol (PTBP) as a substance of very high concern (SVHC) under the REACH Regulation (EC) No 1907/2006 due to its endocrine disrupting properties. Once a sunset date is established, the use of this chemical will be prohibited without an appropriate authorisation.

Climate Change / Energy Legislation.

The Energy Act 2011 (Commencement No. 2) (Scotland) Order 2019 enables regulations to be made requiring that private rented domestic and non-domestic properties in Scotland meet a minimum energy efficiency standard.

This standard is defined as a minimum rating on an energy performance certificate (EPC) In the domestic private rented sector, this is anticipated to be EPC Band E initially, later rising to Band D.

Climate Change / Energy. 

The Electricity Capacity (No.2) Regulations 2019 introduce a one-off Capacity Market auction, which will take place in early 2020 (T-3 auction).

This replaces the postponed 'T-4' auction that was originally planned for February 2019 and concerns the 2022/23 delivery year. Further renewable generating technologies will also become eligible to participate in the Capacity Market.

Climate Change / Energy .

The Climate Change Act 2008 required that the UK Government to ensure that UK net emissions of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride in the year 2050 are at least 80% lower than a 1990 baseline.

The Climate Change Act 2008 (2050 Target Amendment) Order 2019 amends this target, increasing it to 100% lower than the 1990 baseline in 2050 (a net-zero target).

Marine Legislation.

The Merchant Shipping (Prevention of Air Pollution from Ships) (Miscellaneous Amendments) Regulations 2019 impose a requirement for ships of more than 400 gross tonnes to be issued with an international energy efficiency certificate. Ships of more than 5,000 gross tonnes will be required to report fuel consumption data.

Climate change/ Energy Legislation.

Directive (EU) 2018/2001 aims to promote the use of energy from renewable resources. 32% of energy supplied by 2030 must be from renewable sources. 14% of transport fuels will also need to be from renewable origin by 2030. Individual renewable energy targets will be set on each EU Member State. The proportion of energy from renewables used in heating and cooling is required to increase by an annual average of 1.3%.

This Directive is due to be transposed to national law by 30 June 2021. The UK is due to leave the EU before this date, and therefore this Directive may not be brought into force

Hazardous Substances Legislation.

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2019 will amend the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012.

Exclusions from the restriction of hazardous substances (RoHS) regime on electrical and electronic equipment (EEE) are extended. Amendments made authorise wider use of spare parts and cables, with the objective of improving the application of the waste hierarchy.

Brexit Legislation.

Views are sought on potential gaps in environmental principles and governance that may arise in Wales following the UK’s departure from the EU.

Proposals from the Welsh Ministers aim to apply extended principles and a governance by building upon the Wellbeing of Future Generations (Wales) Act and Environment (Wales) Act.

Wildlife / Biodiversity Legislation.

Under the Invasive Alien Species (Enforcement and Permitting) Order 2019 it will become an offence to intentionally bring invasive alien species (IASs) into the UK, to keep them, breed them, place them on the market or to release them to the environment.

The order sets out the permits and licenses required to import, keep and breed specimens and defines offences and enforcement powers

Marine Legislation.

The Marine Licensing (Exempted Activities) (Amendment) Order 2019 introduces three new exemptions from the requirement to hold a marine licence. These relate to the recovery of marine litter etc. in the course of diving activities, using vehicles or vessels to remove marine litter or debris and depositing substances removed from the hull of a vessel in the course of certain activities (e.g. cleaning).

This Order also amends conditions on a number of existing exemptions.

Planning Legislation.

The Town and Country Planning (Permitted Development, Advertisement and Compensation Amendments) (England) Regulations 2019 revise the types of development that may be carried out without full planning permission.

The new class JA allows retail premises (e.g. takeaways, launderettes and betting offices) to be changed to office use (class B1). Permitted development rights to build larger rear extensions to dwelling houses are also made permanent.

Hazardous substances / Chemicals Legislation.

The Carriage of Dangerous Goods (Amendment) Regulations 2019 reintroduce requirements on the design of petrol tanks, applying approved tank requirements in UK law. Emergency preparedness and response plans for the transport of radiological materials will also need to be updated. Lower radiation dose limits are set.

Climate Change / Energy Legislation.

The Electricity Capacity (No. 1) Regulations 2019 provide capacity market rules for the ‘standstill period’. No capacity payments will be provided to holders of capacity agreements during the 'standstill period'.

The ongoing 'standstill period' will end on a ‘trigger event’ when it is determined capacity payments can be made in accordance with State aid law. If the ‘trigger event’ is not reached before 1 October 2020, existing capacity market agreements will be terminated immediately without further payments.

Environmental Taxation

The Finance Act 2019 reflects the 2018 budget. Updated environmental tax policies concern the rate of landfill tax, eligibility for climate change levy exemptions and rates of vehicle excise duty.

The Act also includes powers to apply a carbon emissions tax in place of the EU Emissions Trading System after the UK leaves the EU.

Environmental Taxation

The Scottish Landfill Tax (Standard Rate and Lower Rate) Order 2019 specifies the standard rate and lower rate for Scottish landfill tax for disposals on or after 1 April 2019.

The standard and lower rates increase to £91.35 and £2.90 respectively.

Brexit Legislation

The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 these regulations update references to EU legislation and the associated definitions within 12 UK waste regulations.

The amendments made aim to ensure the respective waste regimes continue to function following the UK's exit from the EU. No substantive changes to duties are introduced.

Brexit Legislation

The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 amend 14 items of legislation concerning environmental permitting, air pollution, water and waste.

References and definitions are updated to ensure that the legislation operates correctly after the UK's exit from the EU.

Climate Change / Energy Legislation.

The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019 aim to ensure that a UK-only version of the Emissions Trading Scheme (EU ETS) operates following the UK's departure from the EU.

This will ensure that the UK maintains a system for greenhouse gas emissions from industrial processes and aviation. References, definitions and processes are updated to reflect that the UK will no longer be an EU Member State.

Air pollution Legislation.

The Air Quality (Miscellaneous Amendment and Revocation of Retained Directive EU Legislation) (EU Exit) Regulations 2018 amend a range of EU legislation concerning air quality that will be retained as UK law after Brexit.

The changes are needed to ensure the amended legislation continues to operate correctly. Legislation amended concerns pollutant release and transfer reporting, large combustion plant, industrial emissions and best available techniques for permitted installations.

The European Union (Withdrawal) Act 2018 will repeal the European Communities Act 1972. The UK will also leave the European Economic Area and Euratom Treaty on this date. The Act converts EU law in force to domestic law on 29 March 2018. The Act retains legislation implementing EU law. The Act does not prevent the UK from replicating any EU law made on or after exit day in the future. By 29 September 2019 a draft Bill must be published setting out binding environmental principles.

Brexit Legislation.

Climate Change Legislation. 

The Climate Change Agreements (Amendment of Agreements) (EU Exit) Regulations 2018 will update the Climate Change Agreements (CCAs) (entered into under the Climate Change (Registration and Miscellaneous Amendments) Regulations 2001), to reflect the UK's withdrawal from the EU. Amendments will specifically affect both underlying and umbrella agreements.

Brexit Legislation. 

The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) Regulations 2018, The Timber and Timber Products and FLEGT (EU EXIT) Regulations 2018 and The Electricity (Guarantees of Origin of Electricity Produced From Renewable Energy Sources) (Amendment) Regulations 2018 all update legislation to represent the transferal of EU powers to the Secretary of State to ensure laws operate effectively following UK withdrawal from the EU

Air Pollution Legislation.

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2019 extended deadlines for installations and aircraft operators to surrender allowances reflecting greenhouse emissions subject to the 2018 EU ETS year.

The previous deadline of 15 March 2019 is replaced with a deadline of 26 March 2019.

Marine Legislation

The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 revoke and replace the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 and its amendments on 1 March 2019.

The 2019 regulations transpose current rules under Annex 1 (Regulations for the prevention of pollution by oil) to the MARPOL convention. The Polar Code, which concerns the protection of ships within and navigation of polar areas, is also transposed.