(QMS) Environmental Legal Register

16/03/2021 (QMS) Environmental Legal Register
(QMS) Environmental Legal Register 6.1.3
For further information and guidance For further information and guidance please see www.gov.uk/topic/environmental-management
https://www.qmsconnect.co.uk/clientregister/edit/d59bea9d-b5b3-4c9e-9013-dbd175ad2f3a?step=preview 1/21
Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance
Waste is disposed of in
The Environmental Protection
Wastes to be stored categorised waste All waste streams
(Duty of Care) (England)
securely. Controlled containers as provided by are securely stored
(Amendment) Regulations 2003
Waste Management wastes to be disposed of the Managers. Evidence of in labelled
and the Waste Management Duty
– General to a licensed waste compliance: Documented containers?
of Care Code of Practice 1996.
carrier. Vetting of waste transfer of waste to a waste Responsibility of
Enforced by the Environment
carriers. carrier is held by the the Managers
Agency or SEPA.
Managers.
This legislation provides

powers for the relevant
Waste Collection
Authority to serve a
Environmental Protection (Duty of notice on any person
Duty of care
Care) (England) (Amendment) required to keep copies
Waste Management Necessary documentation collections note
Regulations 2003 (SI 2003/63). of transfer notes,
- Documentation controlled by procedures. completed for
Enforced by the Waste Collection requiring that person to
collections
Authority. provide copies of transfer
notes within a specified
time. This is in addition to
the powers of the
Environment Agency.
As well as the
requirement for
accreditation, the
Regulations introduced
other changes including:
•A single control limit of
0.1fibres per cm3 of air
for work with all types of
asbestos. • Specific
mandatory training
requirements for anyone All potential asbestos clad
liable to be exposed to buildings to be
asbestos. • A investigated with samples
requirement to analyze sent for analysis to UKAS
The Control of Asbestos the concentration of accredited laboratories. New building so
Emissions to Air Regulations 2012. Enforced by asbestos in the air with Maintenance of asbestos no reports of
HSE measurements in materials to be strictly asbestos
accordance with 1997 controlled to ensure staff
World Health are adequately protected
Organisation from any potential asbestos
recommended method. airborne fibres
All work with asbestos
containing materials,
whether licensed or not,
must be undertaken by
trained workers following
a risk assessment and in
accordance with
appropriate controls to
prevent exposure to
asbestos fibres
Domestic burning of wood

and coal is a major source
The supply of bituminous of these emissions,
coal and wet wood as therefore the following
solid fuels for use in steps are taken in these
domestic premises is regulations: Domestic
phased out. Smoke burning of wood and coal
emission limits for is a major source of these
manufactured solid fuels emissions, therefore the
Unless otherwise
are introduced.These following steps are taken in
The Air Quality Domestic Solid stated in the duties
Regulations restrict the these regulations: the
Emissions to Air Fuels Standards) (England) section, these
supply of some solid supply of traditional house
Regulations 2020 Regulations apply
fuels with the aim of coal (bituminous coal) is
from 1st May 2021.
improving air quality. In phased out; • the supply of
particular, they aim to wet wood in units up to 2
reduce the PM2.5 cubic metres is phased out;
emissions which are small • smoke emissions limits
particles in smoke that are introduced for
can cause long term manufactured solid fuels.
health problems. This only applies to fuel
supplied for combustion in
domestic premises.
REACH is a regulation of
the EU, adopted to
improve the protection of
human health and the
environment from the
risks that can be posed
by chemicals, while
enhancing the
competitiveness of the
EU chemicals industry. It
also promotes alternative
The burden of proof is
methods for the hazard
placed on companies to
assessment of substances
identify and manage the If the risks cannot
in order to reduce the
risks asthe substances they be managed,
number of tests on
manufacture and market in authorities can
Chemicals REACH Regulations animals. In principle,
the EU. They must restrict the use of
REACH applies to all
demonstrate to ECHA how substances in
chemical substances. This
the substance can be safely different ways.
not only includes
used, and this must also be
chemicals used in
communicated to users.
industrial processes but
also more common
chemicals, such as
cleaning products, paints
and in some cases those
found in electrical
appliances, furniture and
clothes. As a result, the
regulation has an impact
on the majority of
companies across the EU.
The aim of the

Regulations is to deal
with the disposal of PCBs
and other similar
dangerous substances,
and make provisions for
their identification,
The Environmental Protection registration and .Waste
(Disposal of Polychlorinated disposalMember States management
Test reports showing
Waste Generation Biphenyls and other Dangerous shall identify and remove records related to
equipment contains no
and Control Substances) (England and Wales) from use equipment (e.g. the disposal of
PCB.
(Amendment) Regulations 2020 transformers, capacitors PCB containing
(SI 2020/489) or other receptacles equipment
containing liquid stocks)
containing more than
0.005 % PCBs and
volumes greater than
0.05 dm3, as soon as
possible but no later than
31st December 2025.
Establishes a legal
framework for the Disposal of end of life
separate collection, batteries should be
Waste Generation Waste Batteries and Accumulators
treatment and recycling separate from other waste Waste Notes
and Control Regulations 2009
of waste industrial, streams, following
automotive and portable appropriate duty of care.
batteries.
Waste Generation Hazardous Waste (England and Segregation of waste - Consignment Notes - Any Wate License -
and Control Wales) Regulations 2016 Hazardous waste should organisation involved in the Waste transfer
be segregated at the transfer of hazardous waste Notes
point of production, not must ensure that the
mixed with other wastes transfer is covered by a
and held securely, consignment notes.
protected against wind, Consignment notes
rain and interference. provide details of each
party involved in the
transfer of waste and the

type of waste being moved
in order to ensure it is
handled safely. These notes
must be kept on file for a
period of 3 years. In
England and Wales the
consignee i.e. person who
receives the hazardous
waste must complete a
quarterly declaration to the
Environment Agency to
confirm they have received
the waste onto their site or
they have produced
hazardous waste on and
disposed of it on the same
site. Waste Hierarchy -
Anyone who produces,
handles or manages
hazardous waste must take
all reasonable measures to
apply the waste hierarchy
when they transfer the
waste i.e. they must
manage the waste in order
of preference by:
Prevention, Re-use,
Recycling, Recovery and
Disposal. Consignment
notes now include a
declaration that the waste
hierarchy has been applied
before transferring the
waste.
The main requirement of

the regulations is that no
one who is responsible
for packing or filling
products into packaging
or importing packed or Packaging volume and
The Packaging (Essential Waste Transfer
Waste Generation filled packaging into the weight must be the
Requirements) Regulations 2015 Notes - Packaging
and Control United Kingdom, may minimum amount and
(with amendments) (SI 2015/1640) Specifications
place that packaging on permit reuse
the market unless it fulfils
the Essential
Requirements and is
within the heavy metal
concentration limits.
The company must

register and meet their
waste packaging
recycling and recovery
responsibilities if: Have
an annual turnover over
Registration
£2 million AND Perform a
The Producer Responsibility The company must be records - Monitro
Waste Generation relevant activity on any of
Obligations (Packaging Waste) registered with the quantity of
and Control the packaging handled
Regulations 2007 appropriate agency. packaging used
AND Own the packaging
per annum
or packaging materials
handled AND Handle
more than 50 tonnes of
packaging and/or
packaging materials a
year.
The intent of the Act is to

prevent metal theft that
can then be sold on for
cash. Scrap metal dealers
will need to take details The company must hold Waste Licenses -
Waste Generation
Scrap Metal Dealers Act 2013 of the seller and record it the proper licences for Payment terms i.e.
and Control
rather than pay cash for scrap metal Bread card
metal. Incorporates the
Cash Ban introduced in
December 2012 and
requires scrap"
Waste Generation The Waste Electrical and These regulations apply The company must ensure Waste Licensing -
and Control Electronic Equipment Regulations to all Electrical and that the WEEE waste is Supply Chain -
2013 (with amendments) Electronic Equipment consigned to carriers that Waste Transfer
(EEE) placed on the are registered and that it is Notes
market in the UK covered properly stored and
by the scope of the disposed of at licenced
Regulations. The facilities.
company has a
commitment in terms of
financing the collection,
treatment, recovery and
environmentally sound
disposal of WEEE. The
company has a duty of
care to ensure that wastes
are consigned to
registered carriers and
properly stored and
disposed of at
appropriate licensed
facilities. The WEEE
Directive 2012/19/EU
introduced "open scope"
from 15 August 2018, so
all EEE placed on the
market falls into scope
unless specifically
exempt or excluded.
These changes involved a
re-categorisation of EEE
from the existing 10
categories (the UK has
four additional sub-
categories) to six new
categories. These six new
categories are as follows'
temperature exchange
equipment: fridges,
freezers, air conditioning,
etc; screens, monitors,
and equipment
containing screens
having a surface greater
than 100cm²: TVs,
computer monitors, etc;
lamps; large equipment
(any external dimension
more than 50cm):
washing machines,
dishwashers, electric
stoves, cookers,
luminaires, large printers,
copying equipment, etc;
small equipment (no
external dimension more
than 50cm): vacuum
cleaners, calculators,
video cameras, cameras,
hi-fi equipment, watches
and clocks, smoke
detectors, payment
systems, etc; small IT and
telecommunication
equipment (no external
dimension more than
50cm): mobile phones,
tablets, routers, laptops,
GPS, printers, etc.
Controlled waste is waste

that is subject to
legislative control in
either its handling or its
disposal. The types of
waste covered include
domestic, commercial
Company must ensure that
and industrial waste. They
waste produced which is
are regulated because of
classed as controlled waste
The Controlled Waste (England their toxicity, their Waste Licenses -
Waste Generation must be sorted and
and Wales) Regulations 2012 (with hazardous nature or their Waste Transfer
and Control disposed of in the proper
amendments) capability to do harm to Notes
fashion to the proper waste
human health or the
carrier, and that the correct
environment either now
documentation is held.
or at some time in the
future. A prime concern is
the effects of
biodegradation or
biochemical degradation
and the by-products
produced.
Technical files must be

drawn up by
There are different These files may be
The Eco-design for Energy- manufacturers or
regulations for each type of examined by the
Related Products and Energy importers containing
Other Requirements product, defining the National
Information (Amendment) design calculations and
energy performance Measurement
Regulations 2019 (SI 2019/1253) test reports in support of
requirements. Office
the declaration of
conformity.
If the local authority

The Environmental
decides that a statutory
Protection Act is further
nuisance exists, or is likely
qualified by this Act by
to occur, it must serve an
including noise that is
abatement notice. If
prejudicial to health or a Monitor Sound
Noise and Statutory Nuisance Act possible the notice must be
Noise and Vibrations nuisance and is emitted Levels - Abatement
1993 served on the person
from or caused by a Notices
responsible, but if the
vehicle, machinery or
vehicle, machinery or
equipment in a street
equipment is unattended
within the definition of
the notice can be fixed
statutory nuisance.
directly to it.
Local & Wider Wildlife & Countryside Act 1981 This Act aims to protect The company must ensure Project feasibility,
Environment (Amended 1985 and 1991) wild birds, plants, that any works carried out project justification
animals, areas of nature follows this regulation and - Inspections
conservation and public does not affect the habitat
rights of way. The Act of the surrounding wildlife.
forms the basis of most
statutory wildlife
protection in the UK. Part
I deals with the
protection of birds,
animals and plants. Part II
is concerned mainly with
the designation and
protection of areas of
nature conservation and
Sites of Special Scientific
Interest. The Act makes it
an offence (subject to
exceptions) to
intentionally kill, injure, or
take, possess, or trade in
any wild animal listed in
Schedule 5, and prohibits
interference with places
used for shelter or
protection, or
intentionally disturbing
animals occupying such
places. The Act also
prohibits certain methods
of killing, injuring, or
taking wild animals. The
Act aims to prevent the
introduction and spread
of invasive species, such
as Japanese knotweed
(Fallopia japonica). It is
illegal to plant or
otherwise encourage its
growth. The Regulations
amend the definition of
"wild bird" in section 27
of the Act which now
includes any species
which is ordinarily
resident in or is a visitor
to the European Territory
of any member State.
Regulation 3 makes
consequential changes to
the defence provided
under section 1(3) of the
Act. The Wildlife and
Countryside Act 1981
(Variation of Schedule 5)
(England) Order 2008
adds 4 new species to
Schedule5 to the Wildlife
and Countryside Act
1981 (WCA) and extends
the current protection
afforded to the water
vole. Exceptions to these
prohibitions may be
authorised by licence
issued under section 16
of the WCA by Natural

England.
The Act provides local

authorities with more
effective powers to tackle
poor environmental
quality and anti-social
behaviour. In particular
the Act includes sections
on nuisance and
abandoned vehicles,
litter, graffiti, waste, noise
and dogs. Many of the
new provisions relate to If waste is placed in the
powers not duties. street for collection plans
Local & Wider Clean Neighbourhoods and
Councils need to decide should be in place to Monitoring
Environment Environment Act 2005
which powers they will ensure waste is only placed
use. in this instance out at the relevant times
section 2.4 4) Street Litter
Control Notices is of
particular relevance.
Introduces additional
noise, litter and waste
controls including site
waste management
plans, and classifies
artificial lighting and
insects as statutory
nuisances.
Local & Wider Hazardous Waste (England & Defines Hazardous Waste The company must classify Waste Transfer
Environment Wales) (Amendment) Regulations – to include waste the waste, ensure carriers Notes - Waste
2016. considered to display have permits and complete Consignment
particular hazardous consignment notes Notes
properties and
introduced a
consignment note for the
transfer of such waste.
Producers, carriers and

disposers are required to
keep a register of
consignment notes.
Tractability of
Consignment notes - In
line with 2016 amends all
notes from 1 April 2016,
if waste is produced in
England, will need to
amend the first six
characters of your
consignment note code
(currently the premises
registration number),
replacing them with the
first six letters or numbers
(not symbols) of the
business name. The
producer should ensure
consistent use of the
organisation name in this
regard. ‘EXEMPT’ will not
be valid. Only 2007
Standard Industrial
Classification (SIC) codes
can be used. During
collection, transportation
and temporary storage,
the waste must be
properly packaged and
labelled in accordance
with international and
community standards.
Accurate records of
hazardous waste
(Consignment Notes)
must be kept for 3 years.
These must include the
six-digit EWC code.
Hazardous waste includes
all waste materials that

are potentially
toxic/dangerous to
humans and the natural
environment e.g. oil;
solvent-based paints;
fluorescent tubes and
computer monitors.
These Regulations
require members of the
public to wear face
coverings whilst using
public transport (such as
Health Protection (Coronavirus,
buses, trains, the London Any staff travelling to work
Wearing of Face Coverings on
Prevention Underground, trams, by public transport should gov.uk
Public Transport) (England)
aircraft and water taxis) in adhere to this guidance
Regulations 2020
England to protect
against the risks to public
health arising from
coronavirus, except in
certain limited cases.
Requirements include: -
finding out what the health
hazards are; -deciding how
to prevent harm to health
(risk assessment); -
providing control measures
to reduce harm to health; -
The regulation states
making sure they are used ;
general requirements
-keeping all control
imposed on employers to
measures in good working
protect employees and
order; -providing
Control of Substances Hazardous other persons from the COSHH
Hazardous information, instruction and
to Health Regulations 2002 hazards of substances Assessments and
Substances training for employees and
(COSHH) used at work by risk Exposure Records
others; -providing
assessment, control of
monitoring and health
exposure, health
surveillance in appropriate
surveillance and incident
cases; drawing up plans
planning.
and procedures to deal
with accidents and
emergencies involving
hazardous substances &
inspection of Local exhaust
Ventilation by a competent
person (<14 months).
Sets 2050 as the target

for reducing greenhouse
gas emissions; outlines a
carbon budgeting
system, greenhouse gas
emissions trading
schemes, financial
incentives for businesses
Check for any
to reduce waste and
demand to report
Energy and Climate Change Act 2008 (with recycle more and powers
N/A at present as part of the new
Resource use amendments) to charge for single use
Adaptation
bags. The guidance will
Reporting Power
apply to all organisations
that are required to
report on their risk
assessments and action
plans to the Government
under the new
Adaptation Reporting
Power.
The 2012 Energy

Efficiency Directive
establishes a set of
The Company should
binding measures to help
assess potential energy
the EU reach its 20%
savings through means
energy efficiency target
Energy and such as improving the Monitor energy
Energy Efficiency Directive (2012) by 2020. Under the
Resource use efficiency of heating bills
Directive, all EU countries
systems, installing double
are required to use
glazed windows or
energy more efficiently at
insulating roofs.
all stages of the energy
chain from its production
to its final consumption.
Most vehicles, including

cars and vans, need to
meet the ULEZ emissions
standards or their drivers
must pay a daily charge to
drive within the zone:
To help improve air
£12.50 for most vehicle
quality, an Ultra Low
types, including cars,
Emission Zone (ULEZ)
motorcycles and vans (up
operates 24 hours a day,
to and including 3.5
7 days a week, every day
London Ultra Low Emission Zone tonnes) £100 for heavier Monitor toll
Atmosphere of the year, except
(ULEZ) vehicles, including lorries charges
Christmas Day (25
(over 3.5 tonnes) and
December), within the
buses/coaches (over 5
same area of central
tonnes) From 25 October
London as the
2021, the ULEZ is
Congestion Charge.
expanding from central
London to create a single,
larger zone up to, but not
including, the North
Circular Road (A406) and
South Circular Road (A205).
The F-gas Regulation

follows two tracks of
action: -Improving the
prevention of leaks from
equipment containing F-
gases through
containment of gases and
proper recovery of
equipment; training and
certification of personnel
and of companies
handling these gases,
and labelling of
gases.. -Avoiding the use
of F-gases where Many refrigeration, fire
environmentally superior protection and air
alternatives are cost- conditioning and heat
effective. From 2015 the pump systems contain F Maintain records of
The Fluorinated Greenhouse
Atmosphere volume of HFCs, which gas. Companies that waste, servicing,
Gases Regulations 2018
can be placed on the EU operate or service and etc
market, will be subject to maintain equipment
quantitative limits, which containing F gas must meet
will be phased down over the relevant requirements.
time. In addition,
measures include
restrictions on the
marketing and use of
certain products and
gases. The regulation
also imposes conditions
on the placing on the
market of specific
products and equipment
that contain, or whose
functioning relies upon,
fluorinated greenhouse
gases.

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16/03/2021 (QMS) Environmental Legal Register

(QMS) Environmental Legal Register 6.1.3

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

This legislation provides

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

Domestic burning of wood

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

The aim of the

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

transfer of waste and the

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

The main requirement of

The company must

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

The intent of the Act is to

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

Controlled waste is waste

Technical files must be

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

If the local authority

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

of the WCA by Natural

The Act provides local

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

Producers, carriers and

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

all waste materials that

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

Sets 2050 as the target

The 2012 Energy

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

Most vehicles, including

Ref Aspect Legislation/Enforcement Key Requirements Relevance/Controls Compliance

The F-gas Regulation

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