June 2021 Legal Updates

9 July 2021  |  Environmental Updates  |  Green Element  |  Leave a comment

Section 42 of the Finance Act 1996 Amendments (Landfill Tax)

The amendment to the Section 42 implements new rates covering the disposal of waste to landfill.

Material sent to landfill	Rates from April 1st 2020	Rates from April 1st 2021
Standard Rated	£94.15 per tonne	£96.70 per tonne
Lower Rated	£3.00 per tonne	£3.10 per tonne

The Water Resource (Control of Agricultural Pollution) (Wales) Regulations 2021

The Regulations have been introduced to centre of those farms where the environmental risk related to poor manure management is greatest. The basis of the regulations is on current good practice recommendations, and those farmers already implementing best practice will likely see minimal impact. However, many farms, including those that produce high amounts of excess slurry, will need time and support to comply.

The Regulations will apply from April 1^st 2021 for an initial set of measurements, with the remaining measures to be phased in over a period of 3 years.

Storage of Manure and Silage

• 14 days’ notice to be provided to Natural Resources Wales (NRW) prior to construction beginning on new or improved slurry or silage store
• Other than notification requirements, silage storage requirement are unchanged (from SSAFO)

Exempt Structures

• Any installations built or in use prior to March 1991, or where construction contacts were entered prior to March and completed by September 1991, represent ‘exempt structures’
• Old stores can be used so long as the storage capacity requirements meet these Regulations by August 1^st 2024

Controlling the Spreading of Nitrogen Fertiliser

• This is applicable to manufactured nitrogen fertiliser, slurry and other organic measures
• Field inspections must occur prior to the spread of nitrogen fertiliser, considering the risk of nitrogen contamination of surface water
• If there is a significant risk of nitrogen getting into surface water, accounting for factors such as weather and slope, the spread of nitrogen fertiliser is prohibited
• Mandatory buffer zones will be established (as per existing requirements)
• Closed periods for spreading manufactured nitrogen fertiliser will apply. On grassland land, this period extends from September 15^th to January 15^th. On tillage land, this period extends from September 1^st to January 15^th. Exemptions may apply
• In most circumstances, incorporations of organic manure applied to bare soil must occur within 24 hours

The Ecodesign for Energy-Related Products and Energy Information Regulations 2021

These Regulations look to ensure the eco-effectiveness of the design of specific-energy related products and serve the purpose of an implementing measure for the Ecodesign for Energy-Related Products Regulations 2010 (as amended).

The Regulations denote energy labelling requirements for refrigerating appliances with a direct sales function. These measures are product-specific and are for the purposes of Regulation (EU) 2017/1369 setting a framework for energy labelling.

Part 2 of the Regulations contains ecodesign requirements for:

• Welding Equipment (Chapter 1)
• Commercial Refrigerating Appliances used for Direct Sales (Chapter 2)
• Household Dishwashers (Chapter 3)
• Household Washing Machines and Washer-Dryers (Chapter 4)
• Refrigerating Appliances (Chapter 5)
• Electric Motors and Variable Speed Drives (Chapter 6)
• Electronic Displays (Chapter 7)

Part 3 of the Regulations contains energy-labelling requirements for commercial refrigerating appliances used for direct sales.

Fluorinated Greenhouse Gases (Amendment) (EU Exit) Regulations 2021

The regulations amend retained Regulation (EU) No. 1191/2014 to update reporting duties in Great Britain. Since Brexit, reports shall now only be submitted for F-Gases on the Great British market. They amend the regulation to apply it in a Great Britain-only context, with appropriate powers to be held by respective competent authorities.