Environmental Liability Directive implemented
The Environmental Damage (Prevention and Remediation) (England) Regulations 2009 and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 finally implement the EU Environmental Liability Directive in England and Wales, some two years after the deadline for implementation expired. These regulations impose obligations on specified types of operators (including those carrying out regulated waste management operations) to prevent, limit or remediate serious environmental damage concerning land, water, protected species or natural habitats, as well as sites of special scientific interest. Where environmental damage has occurred, these regulations prescribe procedures for appropriate remedial measures to be put in place, and introduce a requirement for operators to notify the appropriate regulator when steps to prevent damage have failed. The regulations will supplement, rather than replace, existing environmental protection legislation.

Delay to revised waste exemptionsNew legislation introducing changes to the scope of exemptions from the requirement for an Environmental Permit under the Environmental Permitting (England and Wales) Regulations 2007, which was due to come into effect in October 2009, has been delayed. The implementation of the new legislation has been put back to April 2010 to allow sufficient time to ensure that policy issues raised during the consultation process are resolved and to ensure that guidance, new permits and registration systems are in place. As part of the Environment Agency’s (EA) preparatory work prior to the implementation of the changes to the waste exemptions, it has been preparing new sets of rules for Standard Permits – there are now 35 activities covered by Standard Permits – and is consulting on revisions to some of the existing sets. Until 28 August 2009, the EA is seeking views on 16 new or revised sets of rules for Standard Permits for low to medium risk waste operations in England and Wales that are currently exempt from the requirement for an Environmental Permit. Those waste operators currently relying on exemptions will need to closely monitor the changes to the exemptions, to see whether their activities will continue to be exempt. To the extent that they are not, falling within the scope of the rules making up the Standard Permits will be very important if the need for a bespoke permit is to be avoided. Batteries Directive implemented Certain aspects of the EU Batteries and Accumulators Directive have now been implemented by The Waste Batteries and Accumulators Regulations 2009. The regulations establish the scope of ‘producer responsibility’ in relation to waste batteries and accumulators, so that producers of automotive, industrial and portable batteries and accumulators are required to take responsibility for the separate collection, treatment and recycling of waste batteries and accumulators. Extending to England, Scotland, Wales and Northern Ireland (with the exception of Regulation 56 which does not extend to Scotland) the Regulations entered into force on 5 May 2009, with the exception of Regulations 56 and 57 (disposal, treatment and recycling), which enter into force on 1 January 2010 and Part 4 (the obligations and rights of portable battery distributors), which enters into force on 1 February 2010.

New Renewables Obligation Order
takes effect
The Renewables Obligation Order 2009 entered into force on 1 April 2009. This order continues the obligation on suppliers to source an increasing percentage of their electricity from renewable sources. However, the key changes introduced by the new order are: (a) the requirement for sustainability reporting on biomass used as fuel for generating electricity; and most significantly of all, (b) the principle of ‘banding’, which provides for different levels of support for different renewable technologies, in order to encourage the greater deployment of less-established technologies. Many types of technologies, including landfill gas generating stations (which will receive less support) and those using advanced conversion technologies (which will receive more support) are affected, although there are provisions protecting existing projects from any reduction in financial support.