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
PRACTICE NOTES
UK carriage of dangerous goods: multi‑modal legal framework, post‑Brexit changes, classification, packaging and labelling, documentation, exemptions, enforcement and penalties (including 2024 Merchant Shipping amendments)
Introduction
When moving hazardous goods, various international requirements must be observed relating to how consignments are packaged, labelled and transported, including how items are prepared, marked and moved. There are also mandatory training obligations for everyone engaged in the transport chain and involved in carriage. These requirements span the UN Model Regulations, pan-European accords, EU directives and regulations, with matching domestic statutes that transpose and implement the international framework. Provisions differ depending on whether consignments travel by road, rail, sea or air, as appropriate. Where only limited quantities are sent, the regime can be less stringent and more flexible. The core idea is a set of shared, cross-border rules and regulations across nations, establishing common standards for carrying dangerous goods. A principal UK measure is the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009, SI 2009/1348 (as amended) (the CDG Regulations SI 2009/1348). They incorporate post-Brexit changes from the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2020, SI 2020/1111, and the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2021, SI 2021/1370. Those amending instruments expressly adjusted the underlying legislative basis for...
Environment
PRACTICE NOTES
UK Corporation Tax: Land Remediation Relief for Contaminated and Derelict Land—Eligibility, 150% Deductions, Tax Credits, Exclusions and 2024–2025 Policy Developments
What is land remediation relief? (LRR)
LRR provides corporation tax relief on expenditure incurred in remediating contaminated land or in bringing derelict sites back into use. In 2009, the regime was broadened to address market failure by returning long-term derelict land to use, bringing such sites back into use. An incentive applies where land, whose development has been affected by various kinds of continuing dereliction, is brought back into productive use. The extension was intended to correct market failure by encouraging activity on sites blighted by ongoing dereliction. The relief was at risk of being discontinued after 2012; however, the 2012 Budget confirmed it would continue.
The October 2024 HM Treasury Corporate Tax Roadmap, published alongside Autumn Budget 2024, notes the new Labour government’s commitment to a brownfield-first approach, prioritising the development of previously used land wherever possible. Given the time since the last review of LRR, and the potential for it to help progress the government’s objectives, the Roadmap announced that a consultation would be launched to review the effectiveness of the relief. The Autumn Budget also noted the launch of the consultation, to consider whether the relief is still meeting its objectives and is good value for money...
Environment
PRACTICE NOTES
Wales: hazardous waste premises registration—thresholds, exemptions and mobile services; England registration requirement revoked
The Hazardous Waste (England and Wales) (Amendment) Regulations 2016, SI 2016/336, revoked Part 5 of the Hazardous Waste (England and Wales) Regulations 2005, SI 2005/894, thereby removing the need for any premises in England that produced or had hazardous waste removed to register with the Environment Agency (EA). The obligation for premises in Wales to register with Natural Resources Wales (NRW) was not altered by this change and, therefore, this Practice Note chiefly covers the registration requirements in Wales.
What is hazardous waste?
Almost every business will create some hazardous waste. Typical examples include:
solvents, eg aerosols, paint remover
chemicals, eg printer toner
batteries
refrigerators containing ozone-depleting substances
asbestos
Waste is generally considered hazardous if it, or the substances within it, are harmful to human health or the environment. The definition of waste refers to Directive 2008/98/EC (the Waste Directive). Annex III to the Waste Directive lists the properties that make waste hazardous. Waste is also classified using the List of Waste, which places waste into categories, each with a classification code. It is found at Annex 1 to the technical guidance produced by the...
Environment
PRACTICE NOTES
Waste carriers, brokers and dealers: applications, determinations, renewals, variations, transfers and surrenders, and forthcoming permit-based reforms and digital waste tracking (England and Wales)
Reform to the waste carrier, broker and dealer system
The 2018 Independent Review into Serious and Organised Crime in the Waste Sector revealed that waste is increasingly handled by multiple, often unclear, intermediaries. It advised overhauling registration and duty of care obligations for carriers, brokers and dealers, including for hazardous waste. In its Resources and Waste Strategy, the government outlined how it would address waste crime, aiming to strengthen the transport, management and description of waste by reforming current regulations, and to stop illegal practices being masked by waste exemptions through changes to the existing regime. Through the Environment Act 2021, the government proposed a comprehensive upgrade to waste record keeping, introducing a digital waste tracking system and replacing registration with a permit-based system, to improve background checks and bring in a technical competency requirement. In 2022, the government launched a consultation on reform of the waste carrier, broker and dealer registration system in England, seeking views on:
the shift from registration to a permit-based system and the types of permits that should be available
...
Environment
PRACTICE NOTES
Waste carriers, brokers and dealers: registration, compliance, enforcement powers, offences, penalties and appeals (England and Wales)
Compliance
All carriers must:
The following obligations apply:
register with the Environment Agency in England and with Natural Resources Wales in Wales, as applicable
present authorisation (for example, a registration certificate) promptly when asked
avoid transporting controlled waste unless properly registered, unless operating as an exempt carrier
provide relevant information requested by the regulator
update registration details within 28 days of any change
These duties are required.
Brokers and dealers are required to:
register with the Environment Agency (EA) in England and Natural Resources Wales (NRW) in Wales
amend registration information within 28 days when any changes occur
Enforcement Carriers
The EA in England and NRW in Wales enforce a carrier’s duties under the Control of Pollution (Amendment) Act 1989 (CP(A)A 1989) and the Waste (England and Wales) Regulations 2011, SI 2011/988. Under CP(A)A 1989, local authorities, acting as the waste collection authority, may, in certain circumstances, also be a regulatory authority, but only for upper tier carrier registration and not for lower tier carriers. The EA has entered into a formal agreement with the Driving and Vehicle Standards Agency (DVSA) to share intelligence and conduct joint, co-ordinated operations to stop illegal waste carriers and help to significantly improve the...
Environment
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