Free Legislation Updates December 2019

This free legal update provides selected items from the most recent monthly email. Subscribers to Greenspace receive full updates on new and forthcoming legislation applicable to their organisation each month. These emails also communicate new publications, consultations and legal case studies.

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Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019

These regulations 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 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.


Planning (Scotland) Act 2019 (Commencement No. 2, Saving and Transitional Provisions) Regulations 2019

These regulations 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. 


Waste and Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

These regulations 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).


Conservation (Natural Habitats, &c.) (Miscellaneous Amendments) (Scotland) Regulations 2019

These regulations will amended the Wildlife and Countryside Act 1981 to implement the Invasive Alien Species Regulation (EU) No 1143/2014 in Scotland. 

The Invasive Alien Species Regulation restricts the movement, keeping, breeding, sale and release of listed invasive alien species. This EU Regulation will be retained as UK law post-Brexit. 


Transport (Scotland) Act 2019

This Act enables 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.




Climate Change (Emissions Reduction Targets) (Scotland) Act 2019

This Act raises greenhouse gas emission reduction targets in Scotland. 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.


Greenspace subscribers receive full monthly updates summarising new and forthcoming legislation applicable to their organisation.

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