News

Environment Minister Alex Attwood has this month welcomed figures which show the amount of household waste collected by district councils has fallen by 4.2%, with recycling and composting rates rising to 41.5%. This averages out at 126kg of waste per person, which is a decrease of 7kg compared to the same point last year.

The tonnage of recycled and composted household waste remains unchanged. However, as a result of the reduction in waste generated, the household recycling and composting rate rose to 41.5%, the highest figure recorded for the April - June period. The Northern Ireland Waste Management Statistics for this period also highlight a 15.3% decrease in the amount of biodegradable municipal waste being landfilled by councils compared to the same quarter last year.

Minister Attwood said, "Biodegradable waste should not be ending up in landfill as it produces a double hit of greenhouse gases and leachate which harm the environment. I am therefore heartened to see both this reduction and the good progress made towards meeting our European commitments and targets. We all know that prevention is better than cure so it is particularly encouraging to see a decrease in waste produced by households. Waste prevention is my key message to all - and is more easily summed up in the well known phrase "Reduce Reuse Recycle". It is heartening to see that recycling and composting rates are rising. These changes made by householders and industry together save us all money and help create an environment and society where citizens want to live, work and invest."

He continued, "This good news should be an impetus for more challenging targets. I plan to set them. I want this part of these islands to lead the way on emission and recycling targets. I hope to make announcements soon."

Further information on practical suggestions and what more you can do are available at www.rethinkwasteni.org.

For more information see:

• Landfill Tax Regulations SI 1996/1527;
• Landfill Regulations (Northern Ireland) SR 2003/496;
• Waste Regulations (Northern Ireland) SR 2011/127;
• Towards Resource Management - The Northern Ireland National Waste Management Strategy 2006 - 2020.

The Department of Energy and Climate Change (DECC) has published a consultation on several proposals aimed at simplifying the Climate Change Agreements (CCA) Scheme. The CCA Scheme was launched in 2001, and provides an opportunity for a relief from the Climate Change Levy (CCL) in energy intensive industries.

It was announced in the 2011 Budget that the CCA Scheme would be extended until 2023, and that it would also be simplified in an effort to reduce the overlap between it and other climate change policies, such as the EU Emissions Trading Scheme (EU ETS) and the CRC Energy Efficiency Scheme.

The consultation includes proposals to:

• guarantee eligibility for those currently participating in the scheme;
• streamline administration and reporting;
• increase fairness and transparency;
• introduce effective and proportionate incentives for energy efficiency;
• reduce overlap with EU ETS and the CRC Energy Efficiency Scheme.

The consultation closes on 28 October 2011.

See also

For more information, see:

• section on the Climate Change Levy;
• Directive 2003/87/EC, establishing a scheme for greenhouse gas emission allowance trading;
• CRC Energy Efficiency Scheme Order SI 2010/768.

When they came into force in April 2010, the Environmental Permitting (England and Wales) Regulations SI 2010/675 expanded the scope of environmental permitting to include, amongst other things, the radioactive substances regulation system.

New amendments that came into force on 1 October 2011 have again changed the Regulations in order to provide a more modern and user-friendly system for the regulation of radioactive substances.

The Environmental Permitting (England and Wales) (Amendment) Regulations SI 2011/2043 therefore made changes in order to alter the situations in which an environmental permit is needed for activities involving radioactive substances which present a low risk to people and the environment, but at the same time maintaining the necessary level of protection.

The main changes are as follows:

• an extension of the provisions relating to groundwater activities to allow a tracer test involving a radioactive substance to fall within the exemption;
• an amendment to clarify the scope of an exception from the requirement to hold an environmental permit which applies to particular people who dispose of radioactive waste;
• the inclusion of a transitional period so that those affected by the changes have until April 2012 to apply for a permit;
• a conditional exemption from the requirement to hold an environmental permit in respect of certain radioactive substances;
• the inclusion of carbon dioxide streams for storage purposes into geological formations as a regulated activity, meaning an environmental permit is now required for it; and
• the replacement and update of certain definitions.

For more information, see:

• Directive 2008/1/EC, on integrated pollution prevention and control;
• Environmental Permitting (England and Wales) (Amendment) Regulations SI 2011/2043.

The Environment Agency has released a regulatory position statement regarding Standard Industrial Classification (SIC) in order to clarify the use of SIC codes on hazardous waste consignment notes.

The Hazardous Waste (England and Wales) Regulations SI 2005/894 state that when hazardous waste is removed from any premises, a consignment note must be completed. Part B of those consignment notes requires a SIC code for the process which produces the waste in question. However, it would appear there is some confusion over which SIC codes to use, as there was a 2003 publication of codes and a 2007 publication.

The Agency statement clarifies that the Hazardous Waste (England and Wales) Regulations SI 2005/894 requires the 2003 SIC codes to be used. However, the statement announces a relaxation to the use of SIC codes on a hazardous waste consignment note.

It states: "We will not pursue breaches of the requirement to include the SIC code on a hazardous waste consignment note. We will also not pursue any corrections of the SIC code if, for example, the 2007 publication of the SIC is provided on a consignment note". However, when a premises registration is made online, by telephone, electronically or on a paper form, the Agency requires the SIC from the 2003 publication of codes.

Despite the relaxation of SIC codes for hazardous waste consignment notes, the Agency states that all other provisions of the Hazardous Waste (England and Wales) Regulations SI 2005/894 still apply to hazardous waste. In addition, it is important to note that the 2007 SIC codes should be used on all waste transfer notes.

The Agency regulatory position statement can be viewed at http://www.environment-agency.gov.uk.

For more information, see:

• Hazardous Waste (Wales) Regulations SI 2005/1806.

The Agency Workers Regulations SI 2010/93 will come into force on 1 October 2011. They implement Directive 2008/104/EC, on the same subject, in order to ensure the protection of temporary agency workers by applying the principle of equal treatment. This means that the basic working and employment conditions (duration of working time, overtime, breaks, rest periods, night work, holidays, public holidays and pay) of temporary agency workers should be, for the duration of their employment, at least those that would apply if they had been recruited directly for the same job.

However, they will first be amended by the Agency Workers (Amendment) Regulations SI 2011/1941, on 1 September 2011. This amendment corrects various drafting errors relating to the meaning of "agency worker" and the provisions regarding permanent contracts providing for pay between assignments and the liability of the temporary work agency and hirer.

They do not change the overall policy intention in any way.

Managers of a Chorley pub have been each fined £1,200 and ordered to pay prosecution costs of £2,620 after failing to buy insurance to protect their employees.

The court heard how Stephen and Karen Martin had employed several people including a manager, a cleaner, a chef and waiting staff at the Hinds Head pub in Charnock Richard, without purchasing Employers' Liability Compulsory Insurance.

As the pair did not buy any insurance, they had no means of paying their employees any compensation in the event of them falling ill or having an accident at work. Despite being warned by Health and Safety Executive inspectors on several occasions between September 2010 and February 2011, the couple failed to address the issue.

Speaking after the hearing, HSE investigating inspector Shellie Bee said, "Employers' Liability Compulsory Insurance is a legal requirement and not an optional extra. Because Stephen and Karen Martin cut corners to save money, they were putting their employees in a position where they could have potentially suffered a life changing illness or injury at work and had no recourse to any kind of compensation. Despite being given ample opportunity to correct this problem over a period of months, they chose to ignore the advice they were given by HSE so we had no choice but to prosecute."

Stephen and Karen Martin, of Ellesmere, Shropshire, were each found guilty of three breaches of the Employers' Liability (Compulsory Insurance) Act 1969 by not insuring their employees against injury or disease sustained at work.

For more information, see:

• Employer's Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order SI 1972/963.