Environment Law Update: September 2003

Round up of recent environment law developments from Casella Stanger.

Packaging Waste

The Packaging (Essential Requirements) Regulations 2003 (SI 2003 No. 1941) came into force on 25 August 2003.

These Regulations revoke and replace with amendments the Packaging (Essential Requirements) Regulations 1998, which partly implemented the Packaging and Packaging Waste Directive. The 2003 Regulations implement in addition two European Commission decisions providing for derogations in respect of plastic crates and pallets and glass packaging (99/177/EC and 2001/171/EC).

The Finance Act 2003

The Finance Act 2003 has now been published, and affects a number of environment-related economic instruments. The Act confirms the increased rates for the landfill tax to £14 per tonne in 2003/04 and to £15 per tonne in 2004/05.

Environmental Protection (Duty of Care) (Amendment) (Wales) Regulations 2003

The new Regulations allow waste collection authorities (WCAs) to serve a notice on any person not complying with the 1991 Regulations, requiring them to submit copies of their waste transfer notes within a specified period.

Air Emissions

The Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2003 (SI 2003 No. 1744).

The Capital Allowances (Energy-saving Plant and Machinery) Order 2001 (SI 2001 No. 2541), as amended by the Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2002 (SI 2002 No. 1818), specifies energy-saving plant and machinery eligible for a 100% first-year allowances scheme. These can be found on the Energy Technology Criteria and Product Lists published by the Department for Environment, Food and Rural Affairs (DEFRA).

Hazardous Substances

The Creosote (Prohibition on Use and Marketing) (No. 2) Regulations 2003 (SI 2003 No. 1511) came into force on 9 and 30 June 2003, prohibiting the use and marketing of creosote, except for industrial or professional use, when the requirements as to composition, packaging and labelling are complied with.

Planning

The Town and Country Planning (General Development Procedure) (England) (Amendment) Order 2003 (SI 2003 No. 2047) came into force on 5 September 2003.

This Order, which applies in England only, amends the Town and Country Planning (General Development Procedure) Order 1995. The main changes relate to the introduction of a requirement to consult the Regional Development Agency before the grant of planning permission for certain categories of development.

Hazardous Waste

The Environment Agency has released technical guidance WM2 entitled, 'Interpretation of the Definition and Classification of Hazardous Waste'. This document aims to clarify the criteria for determining the classification of wastes as hazardous or non-hazardous, as defined by the EC Hazardous Waste Directive (HWD).

The Control of Pollution (Oil Storage) (England) Regulations 2001 (SI 2001/2954)

Existing oil storage facilities (those in use prior to 1 September 2001) at significant risk as of 1 September 2003 are now required to comply with the requirements of the Control of Pollution (Oil Storage) (England) Regulations 2001 SI2001/2954.

The Landfill (England and Wales) Regulations 2002 (SI 2002/1559)

As of 1 September 2003, the description of a waste as provided on a waste transfer note must now be identified in relation to the appropriate codes in the European Waste Catalogue.
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