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The first batch of proposed legislation for the Secondary Legislation Scrutiny Committee to consider have been published.

These proposed Statutory Instruments (SIs) are the start of a series of proposed legislative changes that will be necessary for when the UK leaves the European Union on "exit day". Prior to being implemented into law, these SIs will pass through the newly established Secondary Legislation Scrutiny Committees. Each House will have its own designated Committees.

The Committees will be taking up the role of "sifting" through proposed negative instruments following the passing of the European Union (Withdrawal) Act 2018.

The European Union (Withdrawal) Act 2018 gives Ministers wide powers to make Regulations to deal with the deficiencies in retained EU law which will result from the UK's withdrawal from the EU. It allows them a choice of procedure and most Regulations will first be laid as "proposed negative instruments", which after a "sifting" process, will be laid as SIs.

The process

How the process will work:

  • Ministers will propose negative instruments for consideration;
  • the Committees will have 10 days, starting the day after the proposed negative instrument is laid to scrutinise the proposed legislation and make their recommendations;
  • if either Committee recommends a proposed negative instrument should be upgraded to an affirmative procedure, the Minister may either accept or reject the recommendation, and if rejected give a written statement explaining why;
  • any instruments recommended for upgrade will be listed online.

What are negative instruments?

Negative instruments are made by a Minister before they are laid before Parliament, and they come into force generally 21 days after being laid.

To prevent a negative instrument coming into force or remaining in force, a motion to annul it has to be agreed by the Parliament in the Chamber no later than 40 days after the instrument was laid. If no such motion is made, the instrument automatically becomes law.

This process is different to the affirmative procedure where an instrument will usually first be presented in draft format and will not come into force until it has been approve by Parliament.

The current proposed negative statutory instruments relevant to health, safety and environmental legislation are the:

Published statutory instruments

As time goes on, the negative instruments will be laid before Parliament and then passed into law. The following list shows the confirmed statutory instruments that will come into force on exit day:

  • Vehicle Drivers (Certificates of Professional Competence) (Amendment) (EU Exit) Regulations SI 2018/1004;
  • Timber and Timber Products and FLEGT (EU Exit) Regulations SI 2018/1025;
  • Seal Products (Amendments) (EU Exit) Regulations SI 2018/1034;
  • Feed-in Tariffs and Contracts for Difference (Amendment) (EU Exit) Regulations SI 2018/1092;
  • Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) (EU Exit) Regulations SI 2018/1093;
  • Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations SI 2018/1388;
  • Animal By-Products and Transmissible Spongiform Encephalopathies (England) (Amendment) (EU Exit) Regulations SI 2018/1120;
  • Rail Passengers’ Rights and Obligations (Amendment) (EU Exit) Regulations 2018 SI 2018/1165;
  • Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations SI 2018/1202;
  • Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations SI 2018/1221;
  • Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations SI 2018/1232;
  • Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations SI 2018/1234;
  • Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations SI 2018/1235;
  • Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations SI 2018/1278;
  • Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations SI 2018/1286;
  • Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations SI 2018/1325;
  • CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations SI 2018/1336;
  • INSPIRE (Amendment) (EU Exit) Regulations SI 2018/1338;
  • Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations SI 2018/1342;
  • Health and Safety (Amendment) (EU Exit) Regulations SI 2018/1370;
  • Health and Safety (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2018/1377;
  • Marine Environment (Amendment) (EU Exit) Regulations SI 2018/1399;
  • Merchant Shipping (Accident Reporting and Investigation) and the Railways (Accident Investigation and Reporting) (Amendment) (EU Exit) Regulations SI 2018/1400;
  • Persistent Organic Pollutants (Amendment) (EU Exit) Regulations SI 2018/1405;
  • Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations SI 2018/1407;
  • Trade in Endangered Species of Wild Fauna and Flora (Amendment) (EU Exit) Regulations SI 2018/1408;
  • Aquatic Animal Health and Alien Species in Aquaculture (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/9;
  • Fisheries (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/24;
  • Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/24;
  • Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations SI 2019/25;
  • Environment (EU Exit) (Scotland) (Amendment etc.) Regulations SSI 2019/26;
  • Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/31;
  • Water and Floods (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/32;
  • Renewables Obligation (Amendment) (EU Exit) Regulations SI 2019/35;
  • Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations SI 2019/39;
  • Marine Environment (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/55;
  • Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/57;
  • Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations SI 2019/74;
  • Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations SSI 2019/80;
  • Wildlife and Countryside Act 1981 (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/84;
  • Genetically Modified Organisms (Amendment) (England) (EU Exit) Regulations SI 2019/88;
  • Genetically Modified Organisms (Amendment) (EU Exit) Regulations SI 2019/90;
  • Animal By-Products and Transmissible Spongiform Encephalopathies (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/94;
  • Control of Mercury (Amendment) (EU Exit) Regulations SI 2019/96;
  • INSPIRE (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/103;
  • Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations SI 2019/107;
  • Pesticides (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/118;
  • Water (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/112;
  • Conservation (Natural Habitats, &c.) (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/113;
  • Radioactive Contaminated Land (Modification of Enactments) (Wales) (Amendment) (EU Exit) Regulations SI 2019/114;
  • Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations SI 2019/131;
  • Export Control (Amendment) (EU Exit) Regulations SI 2019/137;
  • Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations SI 2019/156;
  • Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations SI 2019/170;
  • Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations SI 2019/188;
  • Genetically Modified Organisms (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/190;
  • Nuclear Safeguards (EU Exit) Regulations SI 2019/196;
  • Metrology, Health and Safety and Product Safety (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/202;
  • Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations SI 2019/223;
  • Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (EU Exit) Regulations SI 2019/244;
  • Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/245;
  • Environmental Noise (Wales) (Amendment) (EU Exit) Regulations SI 2019/247;
  • Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations SI 2019/270;
  • Waste (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations SI 2019/271;
  • Animal By-Products and Transmissible Spongiform Encephalopathies (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/273;
  • Management of Extractive Waste (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations SSI 2019/273;
  • Environmental Liability etc. (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/276;
  • Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations SI 2019/277;
  • Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations SI 2019/279;
  • Fluorinated Greenhouse Gases and Ozone-Depleting Substances (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/281;
  • Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/289;
  • Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/306;
  • Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations SI 2019/311;
  • Railways (Interoperability) (Amendment) (EU Exit) Regulations SI 2019/345;
  • Fisheries and Marine Management (Amendment) (Wales) (EU Exit) Regulations SI 2019/370;
  • Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/377;
  • Genetically Modified Organisms (Deliberate Release and Transboundary Movement) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/379;
  • Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations SI 2019/390;
  • Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/414;
  • Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations SI 2019/451;
  • Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (England and Wales) (EU Exit) Regulations SI 2019/452;
  • Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations SI 2019/453;
  • Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/456;
  • Environment (Amendment etc.) (EU Exit) Regulations SI 2019/458;
  • Flood and Water (Amendments) (England and Wales) (EU Exit) Regulations SI 2019/460;
  • Construction Products (Amendment etc.) (EU Exit) Regulations SI 2019/465;
  • Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations SI 2019/470;
  • Environment and Wildlife (Legislative Functions) (EU Exit) Regulations SI 2019/473;
  • Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations SI 2019/490;
  • Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations SI 2019/518;
  • Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations SI 2019/530;
  • Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations SI 2019/531;
  • Electricity Network Codes and Guidelines (Markets and Trading) (Amendment) (EU Exit) Regulations SI 2019/532;
  • Electricity Network Codes and Guidelines (System Operation and Connection) (Amendment etc.) (EU Exit) Regulations SI 2019/533;
  • Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations SI 2019/534;
  • Employment Rights (Amendment) (EU Exit) Regulations SI 2019/535;
  • Employment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/537;
  • Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations SI 2019/539;
  • Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations SI 2019/544;
  • Road Vehicle Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations SI 2019/550;
  • Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations SI 2019/557;
  • Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations SI 2019/559;
  • Floods and Water (Amendment etc.) (EU Exit) Regulations SI 2019/558;
  • Shipments of Radioactive Substances (EU Exit) Regulations SI 2019/571;
  • Conservation of Habitats and Species (Amendment) (EU Exit) Regulations SI 2019/579;
  • Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/581;
  • Conservation (Natural Habitats, etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/582;
  • Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations SI 2019/583;
  • Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations SI 2019/584;
  • International Waste Shipments (Amendment) (EU Exit) Regulations SI 2019/590;
  • Drivers’ Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations SI 2019/596;
  • Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations SI 2019/601;
  • Waste (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/620;
  • European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations SI 2019/628;
  • Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations SI 2019/630;
  • Aviation Noise (Amendment) (EU Exit) Regulations SI 2019/643;
  • Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations SI 2019/648;
  • Detergents (Amendment) (EU Exit) Regulations SI 2019/672;
  • Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations SI 2019/696;
  • Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations SI 2019/700;
  • Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations SI 2019/708;
  • Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations SI 2019/733;
  • REACH etc. (Amendment etc.) (EU Exit) Regulations SI 2019/758;
  • Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/962;
  • Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations SI 2019/1098;
  • Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/1101;
  • Electricity Network Codes and Guidelines (System Operation and Connection) (Amendment etc.) (EU Exit) (No. 2) Regulations SI 2019/1104;
  • REACH etc. (Amendment etc.) (EU Exit) (No. 3) Regulations SI 2019/1144;
  • Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations SI 2019/1220;
  • Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations SI 2019/1229;
  • Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations SI 2019/1310.

We will keep this page updated with all the latest developments and proposed negative statutory instruments so you can keep track of any upcoming changes.

Housing Secretary Robert Jenrick, has announced the creation of a new building safety regulator within the Health and Safety Executive (HSE).

The announcement comes as part of the governments' attempts to raise building safety and performance standards, including a more stringent regime for higher-risk buildings, following the tragedy of the Grenfell fire in 2017.

Chair of the HSE, Martin Temple, commented that the HSE were 'proud' to have been asked to establish the new regulator. They will work with industry and other regulators to improve safety, and use their experience implementing the new regime. Dame Judith Hackitt who formerly was chair of the HSE will chair a Board to oversee the transition. 

Richard Jones, head of policy and regulatory engagement at IOSH, said: “While it’s positive to hear the new government declare it won’t tolerate the slow pace of improvement to building safety in the UK, which IOSH and others have raised concern over, we now need to see visible and tangible action, with these announcements just the start of an extensive and active delivery-programme. Working with the HSE will be reassuring for many, given it’s a world-class regulator that secures near universal praise nationally. It has successful experience of co-regulation, as well as of operating permissioning and safety-case regimes and enforcing the Construction (Design and Management) Regulations, so should be ideally placed for such a role.”

Brexit: what happens next?
Published: 24 Jan 2020

Now that the European Union (Withdrawal Agreement) Act 2020 has been published, the UK is set to leave the European Union on 31 January 2020. Given that much of the legislation in the UK is either EU law that is directly applicable or UK domestic laws influenced by EU Directives, it is important to keep up-to-date about what might happen with the legislation after we leave the EU.

What happens with legislation after 31 January?

In short, nothing. Not yet anyway. The European Union (Withdrawal Agreement) Act 2020 introduces an implementation period that will last until 11pm on 31 December 2020.

The implementation period is designed to give the UK time to reach a deal with the EU. During that period, the UK will continue as if it was a member of the EU, only UK representatives won't sit in the European Parliament.

This means that until 11pm on 31 December 2020, all EU legislation will continue to apply to the UK, including anything new that the EU publishes during that implementation period.

However, it is still recommended that companies prepare for a potential no-deal scenario and to evaluate how it may impact them.

What happens after 31 December?

Unfortunately, nobody knows yet what will happen. It depends entirely on the contents of any deal the UK manages to agree with the EU.

We'll be keeping a close eye on the situation and will provide applicable updates as soon as we have them.

What if a deal is not agreed on time?

If no deal is made, then a few things could happen with legislation in the UK:

  • all EU laws currently applicable to the UK will be adopted into the UK statute books as "retained" laws. The EU law will be retained exactly how it was immediately before the end of the implementation period;
  • the EU legislation and some UK legislation will have to be amended to remove references to the EU and EU regulatory bodies. If there is no deal, and our legislation, including retained laws, contain references to the EU it won't work correctly which could cause an issue. As such, there will be several amendments to legislation but very few fundamental changes are predicted.

Prime Minister Boris Johnson has previously stated that he would not accept an extension to the transition period. Meaning, for the time being, 31 December 2020 is the definite deadline for any deal to be made and for clarification about how the legislation will work in a post-EU UK.

However, as has been the case since the referendum back in 2016, it'll be a case of "watch this space".

Will anything change on Cedrec?

For the time being, no. All of the EU legislation on Cedrec is fully consolidated, and EU amendments published before 1 January 2021 will continue to be applied so that subscribers can be assured they have access to the legislation as it stands. New EU laws published before the end of the implementation period will also be added to Cedrec.

Those who have taken advantage of our register of legislation update service will continue to be updated on any changes to applicable laws. In terms of the registers themselves, nothing will change for the time being.

Manufacturer Rolls-Royce has said it plans to install and operate factory-built power stations, which could be generating power in the UK by 2029.

Mini nuclear stations can be mass manufactured and delivered in chunks which makes costs more predictable. Nevertheless critics say the UK should quit nuclear power altogether and should concentrate on cheaper renewable energy instead.

Environmentalists are divided over nuclear power, with some stating it is dangerous and expensive, and others say that to achieve net zero emissions by 2050, all technologies are needed.

However, the industry is confident the mini reactors can compete on price with low-cost renewables such as offshore wind. Rolls-Royce is leading a group to build small modular reactors (SMRs) and install them in former nuclear sites in Cumbria or Wales, with 10 to 15 stations in total in the UK. They are about 1.5 acres in size, sitting in a 10-acre space, a 16th of the size of a major power station such as Hinkley Point. SMRs are so small that technically every town could have its own reactor, but using existing sites avoids the problem of how to secure them against terrorist attacks.

It is a rare positive from the nuclear industry, which has struggled as the cost of renewables has plummeted. In the past few years, major nuclear projects have been abandoned as companies Toshiba and Hitachi pulled out due to lack of funding. Also the construction of Hinkley Point could cost £3 billion more than was expected.

Paul Stein, the chief technology officer at Rolls-Royce, said "the trick is to have prefabricated parts where we use advanced digital welding methods and robotic assembly and then parts are shipped to site and bolted together".

He believes the approach would dramatically reduce the cost of building nuclear power sites, which would lead to cheaper electricity.

However Paul Dorfman, from University College London, commented "the potential cost benefits of assembly line module construction relative to custom-build on-site construction may prove overstated".

He warned that production line mistakes can lead to generic defects that spread throughout an entire fleet of reactors, and are costly to fix. It is "far more economic to build one 1.2 GW unit than a dozen 100 MW units".

Rolls-Royce is hoping to overcome the cost barrier by selling SMRs abroad to achieve economies of scale.

Critics have warned that SMRs will not be ready in substantial numbers until the mid 2030s, by which time electricity needs to be carbon-free in the UK already, to meet climate change targets.

A Carlisle auto-salvage company was fined after a customer was trapped and fatally crushed, when a lift truck he had purchased was loaded onto his own recovery vehicle.

Carlisle Crown Court heard that in February 2018 the lift truck purchased was lifted using the company's skip lorry onto a recovery vehicle. The metal ring on the lift truck that the winch wire was attached to failed, causing the lift truck to fall and trapping the customer against the skip lorry.

An investigation by the Health and Safety Executive (HSE) found that the company had failed to ensure that the lifting process was properly planned by a competent person, and failed in its duty not to expose customers to risk. HSE confirmed that a competent person would have identified this loading method as fundamentally unsafe.

The company pleaded guilty to breaching the Health and Safety at Work etc Act 1974, was fined £23,000, and ordered to pay costs of £8,000.

HSE inspector Matthew Tinsley commented: "this incident could so easily have been avoided should the lift have been properly planned and appropriate equipment and safe working practices been employed as a result".

"Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards".

A woman from Kent, whose family business was running an illegal waste operation, has been given a total of 30 weeks custodial sentence.

The woman helped her father and sister run the operation for two years at their farm near Faversham. The Environment Agency prosecuted the family after obtaining evidence that 135 lorry loads of soil and builders waste were dumped and treated at the farm in Hernhill between 2014 and 2016. The work required an environmental permit, which it did not have.

In April 2015 officers from the Environment Agency and Kent Police raided the farm following a number of reports of waste being tipped there. Officers found many large piles of waste soils and rubble, as well as machinery for processing it.

During the trial at Maidstone Crown Court in March 2019, the court heard from an expert witness that the volume of materials on the site had increased by over 40,000 cubic metres between January 2011 and September 2015. This equates to roughly 53,000 tonnes of material. The jury found the family guilty of breaking environmental law.

Both a lorry driver and the owner of a building supplies firm gave statements to the Environment Agency, saying that the father was their main contact at the farm, despite him saying in interview he did not encourage firms to drop waste there.

At the hearing this month,  the court heard how the woman who owned part of the farm, allowed her father to use the farm to deposit and treat the materials, against the law. She was given a 26 week custodial sentence for one count of breaching the Environmental Permitting (England and Wales) Regulations SI 2010/675. Due to failing to appear at court for sentencing, she received a 4 week custodial sentence, both to be served consecutively for a total of 30 weeks.

A warrant remains in force for the arrest of her father for also failing to attend court for sentencing in March. In July 2019 the sister was sentenced to six weeks in prison, suspended for two years. She was also given 28 days in jail for breaching the terms of her bail by not attending court in March, but walked free from court having already served more than half of this amount.

Each family member was convicted of breaching the Environmental Permitting (England and Wales) Regulations SI 2010/675.

Alan Cansdale, Environment Manager for the Environment Agency in Kent, commented that this was a deliberate breach of the law. The family all knew their actions amounted to a criminal offence, but still allowed waste to be dumped, kept and treated at the farm for a number of years, with no permit from the Environment Agency. He added that this illegal activity affected the public's enjoyment of the area, as a footpath ran through the site.

"To help us take enforcement action, like we have in this case, we encourage legitimate waste operators and the public to report any suspicious waste operations on 0800 807060".


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