Legal Guidance and Research / Experts / Begonia Filgueira

Begonia Filgueira , FIEMA

Begonia is an accomplished commercial environment, energy and climate change lawyer with over 20 years’ experience advising companies, developers, governments and the United Nations Environment Programme.

Her practise covers all aspects of environment and climate change regulation including, waste, water, environmental liabilities, project finance, prosecutions, judicial reviews, green finance, ESG, human rights and climate change governance.

An expert in her field, Begonia is a trusted advisor to Boards, advising on managing environmental risk and enabling resilience through climate change governance. She has also given expert evidence to the House of Lords on new environmental legislation and continues to support Parliamentary Committees with her expertise.

Begonia is also working on preparing the UK for a post-Brexit world by Co-chairing UKELA’s Governance and Devolution Group.

Begonia was made a Fellow of the Institute of Environmental Management and Assessment (IEMA) in 2020.

Practice Areas

Panels

  • Contributing Author
  • Other Publications

Qualified Year

  • 1997

Experience

  • Foot Anstey (2018 - 2019)
  • Freshfields Bruckhaus Deringer LLP (1998 - 2003)
  • Simmons & Simmons (1997 - 1998)

Membership

  • Vice-Chair of the UK Environmental Lawyers Association

Qualifications

  • 1993 LLB (Hons)
  • Abogada Licenciada, Ilustre Colegio de Abogados de Vigo

Education

  • 1993 UCL London
  • 1989 Santiago de Compostela

25 Contributions by Begonia Filgueira

Controlled waste: carriers, brokers and dealers—registration requirements and exemptions (England and Wales) and England’s permitting reforms
PRACTICE NOTES
Controlled waste: carriers, brokers and dealers—registration requirements and exemptions (England and Wales) and England’s permitting reforms
Why is registration required? The Waste (England & Wales) Regulations 2011, SI 2011/988, stipulate that no person may act as a carrier, broker or dealer of controlled waste unless registered with the Environment Agency in England, or with Natural Resource Wales in Wales. Registration is a legal obligation, and failing to register when required constitutes an offence. Registering carriers, brokers and dealers helps organisations to meet their duty of care obligation to ensure controlled waste is transported and disposed of legally and safely. This duty applies broadly to any person who produces, imports, carries, keeps, treats or disposes of controlled waste, or who, as a broker, has control of such waste. Breach of the duty of care is an offence, with a penalty of an unlimited fine if convicted on indictment. It also helps the Environment Agency clamp down on fly-tipping. For more information, see Practice Notes: Waste types and controls—controlled waste Litter enforcement, fly-tipping offences and abandoned vehicles Waste duty of care—controlled waste Who needs to register? Registration does not only apply to businesses that transport waste, for example skip operators and waste disposal companies. Subject to the exempt categories...
Environment
Environmental Damage (Prevention and Remediation) regime in England and Wales: operators’ duties, liability, enforcement, offences, penalties and appeals
PRACTICE NOTES
Environmental Damage (Prevention and Remediation) regime in England and Wales: operators’ duties, liability, enforcement, offences, penalties and appeals
Environmental damage regime Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability created a European framework for preventing and remedying environmental harm. In England and Wales, the Environmental Damage Regime (EDR) is set out in the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (EDR England), SI 2015/810, and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 (EDR Wales), SI 2009/995. EDR focuses on averting imminent threats of environmental damage and addressing actual damage caused by certain activities, and also applies to any other activity involving protected species, special habitats or a site of special scientific interest (SSSI) where the operator intended to cause environmental damage or was negligent. ‘Environmental damage’ is harm to: a protected species or natural habitat that significantly adversely affects achieving or maintaining the favourable conservation status of the species or habitat a SSSI where the integrity of the site is adversely affected marine waters where the environmental status is significantly adversely affected surface water or groundwater that results in a deterioration in the status of the water body...
Environment
Environmental Damage (Prevention and Remediation) Regulations: scope and assessment of land, water, species, habitats and SSSIs; exclusions and nutrient significant sewage disposal works (England and Wales)
PRACTICE NOTES
Environmental Damage (Prevention and Remediation) Regulations: scope and assessment of land, water, species, habitats and SSSIs; exclusions and nutrient significant sewage disposal works (England and Wales)
The EDR is given effect in England and Wales by the Environmental Damage (Prevention and Remediation) (England) Regulations 2015, SI 2015/810, together with the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, SI 2009/995. Under the EDR, operators whose activities are responsible for serious environmental incidents must take steps to prevent harm and to remedy any resulting damage. See Practice Notes: Environmental damage regulations—overview Environmental damage—when does the environmental damage regime apply? Environmental damage—potential liabilities Environmental damage—operators’ obligations, enforcement, offences and appeals The environmental damage regulations implement the requirements of the Environmental Liability Directive 2004/35/EC. See Practice Note: EU Environmental Liability Directive—snapshot. Environmental damage includes damage to: land marine waters protected species or natural habitats sites of special scientific interest (SSSI) surface water or groundwater Environmental damage to land Environmental damage to land means contamination of land by substances, preparations, organisms or micro-organisms which results in a 'significant risk of adverse effects on human health'...
Environment
Environmental Damage Regime (England and Wales): preventive, remediation and charging notices, liability, consultation and appeals
PRACTICE NOTES
Environmental Damage Regime (England and Wales): preventive, remediation and charging notices, liability, consultation and appeals
Liability for environmental harm arises under the environmental damage regime (EDR), derived from the Environmental Liability Directive 2004/35/EC. See Practice Note: EU Environmental Liability Directive—snapshot. In England and Wales, the EDR is given effect by the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (EDR England), SI 2015/810, and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 (EDR Wales), SI 2009/995. Under the EDR, operators whose activities cause serious environmental incidents must both prevent and remediate the damage. For further detail on the EDR, see the following Practice Notes: Environmental damage regulations—overview Environmental damage—when does the environmental damage regime apply? Environmental damage—what does it cover? Environmental damage—potential liabilities Environmental damage—operators’ obligations, enforcement, offences and appeals Environmental damage—Summary of enforcement options Where harm has occurred and there are reasonable grounds to believe it is, or might be, environmental damage, the enforcing authority must decide whether it meets the definition of environmental damage. Notices The regulators may issue the following notices under EDR England, SI 2015/810, and EDR Wales, SI 2009/995. Notice to prevent damage The enforcing authority may serve a notice to prevent damage where there is an imminent threat of environmental damage, or...
Environment
Environmental Damage regime (England and Wales): scope, geography, timing and activities; strict/fault liability, 2023 sewerage undertaker nutrient rules, authorised damage and exemptions
PRACTICE NOTES
Environmental Damage regime (England and Wales): scope, geography, timing and activities; strict/fault liability, 2023 sewerage undertaker nutrient rules, authorised damage and exemptions
The environmental damage regime (EDR) The environmental damage regime (EDR) governs harm to the environment within England and Wales. Operators carrying out activities that cause serious incidents must avert and repair such harm. Liability follows the polluter-pays principle. Refer to Practice Notes as follows: Environmental damage—potential liabilities and Environmental damage regulations—overview...
Environment
Environmental Damage Regime in England and Wales: operator liabilities, triggers, exemptions, remediation standards, enforcement, costs, time limits and insurance
PRACTICE NOTES
Environmental Damage Regime in England and Wales: operator liabilities, triggers, exemptions, remediation standards, enforcement, costs, time limits and insurance
The environmental damage regime (EDR) obliges operators of activities that cause serious environmental incidents to both prevent harm and put it right. It rests on the polluter-pays principle and implements the requirements of the EU Environmental Liability Directive. For more information, see: Environmental damage regulations—overview. Who is liable? Liability for environmental damage sits with the operator of the activity. Operator: any natural or legal person, whether private or public, who runs or controls an activity. This also covers the holder of a permit and anyone who registers or notifies an activity. Activity: any economic undertaking, public or private, whether or not for profit. Purely domestic or recreational activities are excluded. The enforcing authority may proceed against more than one operator. Where more than one person could be the operator, the authority must decide whom to enforce against. When environmental damage has occurred, a single operator—the responsible operator—will receive a remediation notice. That operator may, however, seek to recover some or all costs from any other person who also contributed to the damage...
Environment
Environmental Damage Regulations: interface with permitting, contaminated land, water and waste regimes, and planning—England and Wales
PRACTICE NOTES
Environmental Damage Regulations: interface with permitting, contaminated land, water and waste regimes, and planning—England and Wales
This Practice Note examines the intersection of the environmental damage regime (EDR) with: the environmental permitting regime (EPR) pursuant to the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 the contaminated land regime under Part IIA of the Environmental Protection Act 1990 (EPA 1990) the unlawful deposit of waste regime under the EPA 1990, s 59 the anti-pollution works regime under the Water Resources Act 1991 (WRA 1991) the National Planning Policy Framework and Planning Policy Wales Type of damage covered under different legislation Environmental Damage Regulations Under the Environmental Damage (Prevention and Remediation) (England) Regulations 2015, SI 2015/810, and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, SI 2009/995 (EDR), environmental damage is defined as harm to: a protected species or natural habitat where there is a significant adverse effect on attaining or sustaining the favourable conservation status of the species or habitat a site of special scientific interest (SSSI) where the integrity of the site is adversely affected surface water or groundwater where the status of the water body is reduced land that results in a significant risk of adverse... ...
Environment
Environmental permits, licences and consents in England and Wales: applications, fees and timeframes across environmental permitting, water abstraction, trade effluent, reservoirs, waste carriers, UK ETS, wildlife, marine and hazardous substances
PRACTICE NOTES
Environmental permits, licences and consents in England and Wales: applications, fees and timeframes across environmental permitting, water abstraction, trade effluent, reservoirs, waste carriers, UK ETS, wildlife, marine and hazardous substances
This Practice Note sets out many different categories of permits, licences, exemptions, notifications, registrations and consents that may often be needed in relation to environmental matters in England and Wales. environmental permitting water abstraction and impounding licences trade effluent consents reservoir registration waste carrier registration CRC energy efficiency scheme registration greenhouse gas permits wildlife licences marine licences hazardous substances consents Environmental permitting Summary Historically, separate regulatory authorities managed pollutant releases to air, land and water, often without a full picture of the cumulative environmental impacts that a single installation could impose on the wider environment. A system of partially integrated pollution control (IPC) was first introduced in England and Wales in 1990, and in 1996 moved under the control of the EA and local authorities. However, it was not until the adoption of an EC directive on integrated pollution prevention and control (IPPC), when the UK was still part of the EU, that a fully integrated permitting system for ‘installations’ was established. From 6 April 2008, the environmental permitting regime superseded the pollution prevention and control (PPC) regime. For further detail, refer to Defra’s core guidance: Environmental Permitting Guidance. The Environmental Permitting (England and Wales) Regulations 2016, ...
Environment
Environmental Permitting (England and Wales) Regulations 2016: organic solvent installations and activities—permitting (Part A/B/C), IED Chapter V thresholds, emission limits, BAT, monitoring, compliance and solvent management plans
PRACTICE NOTES
Environmental Permitting (England and Wales) Regulations 2016: organic solvent installations and activities—permitting (Part A/B/C), IED Chapter V thresholds, emission limits, BAT, monitoring, compliance and solvent management plans
Relevant Legislation The Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154) establish the permitting and compliance framework for England and Wales across a range of sectors. Activities involving solvent emissions are addressed in Schedule 14. The 2016 Regulations consolidate and revoke the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010/675) and implement the necessary provisions of the Industrial Emissions Directive 2010/75/EU. Under Schedule 14, regulatory functions must be carried out to secure compliance with specified IED articles. After Brexit, any references to the IED are to be read in accordance with Schedule 1A, paragraph 6 of the 2016 Regulations. For further information on the IED, see the EU Practice Note: Industrial and Livestock Rearing Emissions Directive 2010/75/EU. Requirement for an environmental permit Permits are required for identified operations that may pose a risk to the environment or human health. Unless excluded, solvent emission activities will need an environmental permit. Here, “permit” means environmental permit. Installations and activities using organic solvents can be regulated either under an individual permit or by way of general binding rules. A “general binding rule” in this setting signifies a standard rule published under regulation 26 of...
Environment
Environmental Permitting (England and Wales) Regulations 2016: Radioactive Substances—Objectives, Definitions, Exemptions, Permitting, and Standard Rules for Unintentional Receipt of Radioactive Materials and Waste
PRACTICE NOTES
Environmental Permitting (England and Wales) Regulations 2016: Radioactive Substances—Objectives, Definitions, Exemptions, Permitting, and Standard Rules for Unintentional Receipt of Radioactive Materials and Waste
This Practice Note explores the aims and guiding principles of radioactive substances regulation in England and Wales, including justification, safeguarding wildlife, best available techniques (BAT), and key environmental permitting requirements for radioactive substance activities. What are the key principles and purpose of radioactive substances regulation? In December 2021, the Environment Agency (EA) released guidance outlining its objectives and principles for radioactive substances regulation. The central objective is to protect people and the environment from the harmful impacts of ionising radiation, both now and in the future, while also protecting and enhancing the environment as a whole. The EA pursues this by applying the relevant legislation, government policy, and international standards. justification — a permit for any practice involving radioactive substances will only be issued where it is justified; decisions on remediating radioactively contaminated land, or in emergencies, should result in more good than harm optimisation — radiological protection must be optimised so that exposure to ionising radiation from the disposal of radioactive waste is kept as low as reasonably achievable (ALARA), taking environmental, social and economic factors into account dose limitation — radiation doses to the public from radioactive ...
Energy
EU CCS Directive 2009: geological CO2 storage legal framework—site selection, permits, monitoring, closure/transfer, financial security; linked regimes (ETS, IED, ELD, NZIA); 2024 Commission guidance updates
PRACTICE NOTES
EU CCS Directive 2009: geological CO2 storage legal framework—site selection, permits, monitoring, closure/transfer, financial security; linked regimes (ETS, IED, ELD, NZIA); 2024 Commission guidance updates
Key information Carbon Capture and Storage Directive Official title: Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide (Carbon Capture and Storage (CCS) Directive) In force since: 25 June 2009 Transposition deadline: 25 June 2011 Amendments: Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on assessing the effects of certain public and private projects on the environment Decision (EU) 2018/853 of the European Parliament and of the Council of 30 May 2018 amending, among others, Directive 2009/31/EC regarding procedural rules for environmental reporting Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action National transposition measures: see Eur-Lex for information on national measures provided by Member States Subject areas: Climate change, Energy; Carbon capture; Carbon storage; CCS What is carbon capture and why is it necessary? Carbon capture and storage (CCS) technologies are designed to trap, transport, and permanently contain carbon dioxide (CO2) that would otherwise be released into the atmosphere. Effective deployment of CCS should assist in...
EU Law
EU CLP chemicals labelling: obligations, exemptions and 2024–2025 reforms (digital labelling, online sales, refill stations, advertising) with transitional timelines
PRACTICE NOTES
EU CLP chemicals labelling: obligations, exemptions and 2024–2025 reforms (digital labelling, online sales, refill stations, advertising) with transitional timelines
Background and key developments Regulation (EC) 1272/2008—the EU Classification, Labelling and Packaging (CLP) Regulation—gives effect to the United Nations’ Globally Harmonised System for classifying and labelling chemicals (UN GHS) across the EU. The principal aims of the EU CLP Regulation are to: determine which characteristics of substances and mixtures warrant a hazardous classification; and ensure that this identification is communicated appropriately to customers. The EU CLP Regulation took effect on 20 January 2009 (with various transition periods extending to 2015) and applies directly to suppliers that manufacture, import, use or distribute chemical substances and mixtures. This Practice Note addresses the labelling requirements under the EU CLP Regulation. For details on other parts of the EU CLP framework, see the following Practice Notes: EU classification, labelling and packaging of substances and mixtures (CLP): Regulation (EC) 1272/2008—snapshot EU CLP—chemicals classification EU CLP—chemicals packaging EU CLP—notifications to the classifications and labelling inventory EU Chemicals Strategy for Sustainability reforms (2024) On 14 October 2020, the Commission published its Chemicals Strategy for Sustainability, aiming to support delivery of the circular economy and the EU’s...
EU Law
EU CLP notification obligations: ECHA C&L Inventory requirements, processes and updates, including 2024–2026 reforms, transitional measures and REACH interaction
PRACTICE NOTES
EU CLP notification obligations: ECHA C&L Inventory requirements, processes and updates, including 2024–2026 reforms, transitional measures and REACH interaction
Background and key developments Regulation (EC) 1272/2008—the EU Classification, Labelling and Packaging (CLP) Regulation—gives effect in the EU to the United Nations’ Globally Harmonised System on the classification and labelling of chemicals (UN GHS), aligning EU requirements with that framework. identify which properties and characteristics of substances and mixtures should result in a classification as hazardous, and ensure that adequate communication of that identification is provided to the customers The EU CLP Regulation entered into force on 20 January 2009 (subject to various transition periods up to 2015) and it is directly applicable to suppliers who manufacture, import, use or distribute chemical substances and mixtures. This Practice Note covers the rules governing notification under the EU CLP Regulation. For more information on other aspects of the EU CLP regime, please see the following Practice Notes: EU classification, labelling and packaging of substances and mixtures (CLP): Regulation (EC) 1272/2008—snapshot EU CLP—chemicals classification EU CLP—chemicals labelling EU CLP—chemicals packaging EU Chemicals Strategy for Sustainability reforms (2024) On 14 October 2020, the Commission published its Chemicals Strategy for Sustainability, with the aim of supporting delivery of the circular economy and the EU’s zero pollution goals, as described in that strategy policy document itself...
EU Law
EU CLP packaging of hazardous substances and mixtures: core duties, consumer safeguards, refill station rules (from 2026), exemptions and transport alignment, reflecting 2024–2025 reforms and transitional provisions
PRACTICE NOTES
EU CLP packaging of hazardous substances and mixtures: core duties, consumer safeguards, refill station rules (from 2026), exemptions and transport alignment, reflecting 2024–2025 reforms and transitional provisions
Background and key developments Regulation (EC) No 1272/2008, known as the EU Classification, Labelling and Packaging (CLP) Regulation, gives effect to the United Nations’ Globally Harmonised System for classifying and labelling chemicals (UN GHS) within the EU. Its principal purposes are to: determine which characteristics of substances and mixtures warrant a hazardous classification, and ensure this identification is communicated appropriately to customers The EU CLP Regulation has applied since 20 January 2009 (with staged transition periods up to 2015) and is directly applicable to suppliers that manufacture, import, use or distribute chemical substances and mixtures. This Practice Note addresses the packaging requirements under the EU CLP Regulation. For details on other elements of the EU CLP framework, see Practice Notes: EU classification, labelling and packaging of substances and mixtures (CLP): Regulation (EC) 1272/2008—snapshot EU CLP—chemicals classification EU CLP—chemicals labelling EU CLP—notifications to the classifications and labelling inventory EU Chemicals Strategy for Sustainability reforms (2024) On 14 October 2020, the Commission published its Chemicals Strategy for Sustainability, intended to support delivery of the circular economy and the EU’s...
EU Law
EU CLP—classification of substances and mixtures: duties, harmonised classification, weight of evidence, 2023 endocrine/PBT/PMT hazards, 2024–2027 reforms, transitional measures, and poison centre submissions
PRACTICE NOTES
EU CLP—classification of substances and mixtures: duties, harmonised classification, weight of evidence, 2023 endocrine/PBT/PMT hazards, 2024–2027 reforms, transitional measures, and poison centre submissions
Background and key developments Regulation (EC) No 1272/2008—the EU Classification, Labelling and Packaging (CLP) Regulation—puts into practice the United Nations’ Globally Harmonised System for classifying and labelling chemicals (UN GHS) within the EU. determine which characteristics of substances and mixtures require them to be classified as hazardous, and ensure customers receive appropriate communication of that classification The EU CLP Regulation has applied since 20 January 2009 (with phased transition periods running to 2015) and is directly binding on suppliers that manufacture, import, use or distribute chemical substances and mixtures. This Practice Note addresses the classification regime under the EU CLP Regulation. For further guidance on other elements of the EU CLP framework, see Practice Notes: EU classification, labelling and packaging of substances and mixtures (CLP): Regulation (EC) 1272/2008—snapshot EU CLP—chemicals labelling EU CLP—chemicals packaging EU CLP—notifications to the classifications and labelling inventory EU Chemicals Strategy for Sustainability reforms (2024) On 14 October 2020, the Commission published its Chemicals Strategy for Sustainability, aimed at helping to deliver the circular economy and the EU’s...
EU Law
Hazardous waste premises registration in Wales: compliance, Natural Resources Wales enforcement, offences, defences, penalties and civil sanctions
PRACTICE NOTES
Hazardous waste premises registration in Wales: compliance, Natural Resources Wales enforcement, offences, defences, penalties and civil sanctions
Scope of Practice Note The Hazardous Waste (England and Wales) (Amendment) Regulations 2016, SI 2016/336, repealed Part 5 of the Hazardous Waste (England and Wales) Regulations 2005, SI 2005/894, thereby scrapping the obligation on any premises in England that generated or had hazardous waste taken away to register with the Environment Agency. This change did not alter in any way the duty on Welsh premises to register with Natural Resources Wales (NRW), and accordingly this Practice Note focuses on the Welsh registration rules applicable in Wales. Compliance in Wales In Wales, the Hazardous Waste (Wales) Regulations 2005 establish the statutory framework for controlling and tracking hazardous waste movements. Where hazardous waste is produced on, or removed from, any non‑exempt premises, those premises in question must be duly notified to NRW as required. On notification, site particulars are entered on an official register and a unique hazardous waste producer registration number, known as a premises code, is issued. Premises are exempt where the total combined amount of hazardous waste produced at, collected at, or removed from the site is below 500 kg within any 12‑month period. To meet the requirements of the Hazardous Waste (Wales) Regulations 2005, SI 2005/1806, relevant producers...
Environment
Hazardous waste producer premises registration in Wales (NRW): applications, determinations, renewals, transfers and surrenders
PRACTICE NOTES
Hazardous waste producer premises registration in Wales (NRW): applications, determinations, renewals, transfers and surrenders
Scope of Practice Note The Hazardous Waste (England and Wales) (Amendment) Regulations 2016, SI 2016/336, repealed Part 5 of the Hazardous Waste (England and Wales) Regulations 2005, SI 2005/894. This change abolished the obligation for any premises in England that generated hazardous waste, or arranged for its removal, to register with the Environment Agency. The duty for Welsh premises to register with Natural Resources Wales (NRW) was not altered by that revocation; accordingly, this Practice Note still focuses on the Welsh registration regime. The List of Wastes (England) Regulations 2005, SI 2005/895, were revoked by the Hazardous Waste (Miscellaneous Amendments) Regulations 2015, SI 2015/1360, from 1 July 2015, which also amended, in England, the Hazardous Waste (England and Wales) Regulations 2005, SI 2005/894. The List of Wastes (Wales) Regulations 2005 were repealed by the Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2015, SI 2015/1417. The catalogue of hazardous waste aligns with the European List of Waste, first set by Commission Decision 2000/532/EC, and is periodically updated in light of new knowledge and, in particular, research outcomes. Following Brexit, authority to create and revise the list of waste for domestic purposes has been transferred into domestic law. For further details, see Practice...
Environment
Large Raised Reservoirs in England and Wales: Registration, Risk Designation, Duties, Enforcement and Appeals under the Reservoirs Act 1975 and Ongoing Safety Reforms
PRACTICE NOTES
Large Raised Reservoirs in England and Wales: Registration, Risk Designation, Duties, Enforcement and Appeals under the Reservoirs Act 1975 and Ongoing Safety Reforms
What is a reservoir? The Reservoirs Act 1975 (RA 1975), as amended by the Flood and Water Management Act 2010 (FWMA 2010), applies only to “large raised reservoirs”. This includes: a large raised structure intended or used for collecting and storing water a large, raised lake or another area capable of storing water that was created or enlarged by artificial means A structure or area is considered “raised” if it can hold water above the natural level of any part of the surrounding land (RA 1975, s A1(2)). A raised structure or area is “large” if it can hold 25,000 cubic metres of water in England, or 10,000 cubic metres in Wales, above the natural level of any part of the surrounding land. Large raised reservoirs must be registered with the Environment Agency (EA) in England or Natural Resources Wales (NRW) in Wales. The approach to calculating capacity is provided in the Reservoirs Act 1975 (Capacity, Registration, Prescribed Forms, etc) (England) Regulations 2013, SI 2013/1677, and the Reservoirs Act 1975 (Capacity, Registration, Prescribed Forms, etc) (Wales) Regulations 2016, SI 2016/80, by measuring the maximum volume of water in cubic metres...
Environment
Small Waste Incineration Plants under the Environmental Permitting (England and Wales) Regulations 2016: permitting requirements, exclusions, conditions, emission limits, monitoring and compliance
PRACTICE NOTES
Small Waste Incineration Plants under the Environmental Permitting (England and Wales) Regulations 2016: permitting requirements, exclusions, conditions, emission limits, monitoring and compliance
The Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 bring together and replace the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675. EPR 2016 is the principal legislation setting the framework for environmental permitting and compliance across multiple sectors. Small waste incineration plants (SWIP) are included under EPR 2016, SI 2016/1154, Sch 13. Requirement for an environmental permit Permits are required for specified operations that may pose a risk to the environment or human health. Unless specifically excluded, small waste incineration and co-incineration activities must hold an environmental permit. Under EPR 2016, SI 2016/1154 it is an offence to: operate a regulated facility, or knowingly cause or allow the operation of a regulated facility, without an environmental permit; or cause or knowingly permit a water discharge activity or a groundwater activity. The environmental permit must be held by the operator of the regulated facility, being the individual or entity exercising control over its operation. See Practice Note: Environmental Permitting Regulations 2016—permits, applications and exemptions. Regulated facilities Regulated facilities are defined as operations conducting activities listed in EPR 2016, SI 2016/1154, Sch 1, Pt 2...
Environment
Trade effluent consents and agreements: application process, information required, special category effluent, conditions, variation, transfer and surrender (England and Wales)
PRACTICE NOTES
Trade effluent consents and agreements: application process, information required, special category effluent, conditions, variation, transfer and surrender (England and Wales)
Applications for consent Application process Owners or occupiers of trade premises intending to release trade effluent to a sewerage undertaker’s public sewer must apply by serving a trade effluent notice on that undertaker, in line with section 119 of the Water Industry Act 1991 (WIA 1991). Water and sewerage undertakers supply application forms, with many offering online submission and guidance to steer applicants through the steps. Note that this differs from the environmental permit required by regulators for discharges to watercourses. See Practice Note: Trade effluent consents and agreements—when are they required? for further information on when to seek a trade effluent consent. With some undertakers (for example, Thames Water), the process typically begins with initial enquiries by the applicant, after which the undertaker seeks additional information and supporting documents. Once received, the undertaker will assess the material provided and will either refuse consent or grant it, issuing a formal notice to the applicant. If consent is granted, the applicant must sign and date the formal notice and return it to the undertaker...
Environment
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