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In this issue: Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental disputes and proceedings Environmental information ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content United Kingdom Environmental Law Association (UKELA) Annual Conference Air emissions and climate change DESNZ releases evaluations of CCUS and Industrial Fuel Switching and Hydrogen Supply innovation programmes The Department for Energy Security and Net Zero (DESNZ) has issued two independent evaluations of its Energy Innovation Programme (EIP). The first evaluation reviews the Carbon Capture and Utilisation Demonstration (CCUD) innovation programme, the Carbon Capture, Usage and Storage (CCUS) Innovation programme, and the Accelerating CCS Technologies (ACT) programme, spanning 2016–21. The second evaluation examines the £21m Industrial Fuel Switching and £33m Hydrogen Supply programmes. Both evaluations consider...
In this issue: Building safety Assignment Payment Planning in construction Product safety Daily and weekly news alerts New and updated content Construction trackers Building safety BSR introduces external remediation improvement plan The BSR has unveiled an external remediation improvement plan to speed up higher-risk building (HRB) safety works across England, improving the pace of essential remediation. The plan introduces several measures, including: (1) a new external remediation multidisciplinary team (MDT), expanding on BSR’s Innovation Unit to streamline communication and processing through account managers and a single contact; (2) a recruitment drive to grow regulatory lead capacity, cutting caseloads from about 25 to roughly 10, to benefit both applicants and BSR processes; (3) the application of ‘approval with requirements’ to allow projects to commence safely while resolving technical issues and (4) updated external remediation guidance to help industry tackle key challenges within the building control process for existing buildings. Proportionality in building control—a government...
In this issue: Key developments Air emissions and climate change Energy for environmental lawyers Environmental disputes and proceedings Environmental enforcement and prosecutions Environmental information ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Key developments OEP submits advice to UK government on strengthening Planning and Infrastructure Bill The Office for Environmental Protection (OEP) has provided guidance to the UK government aimed at reinforcing environmental safeguards in the Planning and Infrastructure Bill. While acknowledging the intention to deliver better outcomes for development and the natural environment, the OEP cautions that the Bill, as presently framed, may erode protections embedded in existing environmental law. Its advice highlights priority improvements, including fortifying the ‘overall improvement test’ and embedding safeguards across the full network of protected sites. See: LNB News 01/01/0001 3141....
Marine planning in the UK Part 3 of the Marine and Coastal Access Act 2009 (MCAA 2009) underpins marine planning across the UK. Under MCAA 2009, devolved administrations act as the responsible marine planning authorities for their inshore and offshore waters, except for Scottish and Northern Ireland inshore waters, as marine planning for these areas is already provided for by the Marine (Scotland) Act 2010 and the Marine Act (Northern Ireland) 2013 (not available in Lexis Library). MCAA 2009 introduced a framework for safeguarding and managing the marine environment. It: set up a strategic marine planning regime that defines local and national objectives and priorities for the seas, supplying the policy basis for licensing choices revised licensing requirements and processes for specified activities in the marine area created the Marine Management Organisation (MMO) as the government licensing and regulatory authority for the marine area created a coastal path, enabling wider public access to the shoreline introduced powers to designate and safeguard a...
International regime under UNCLOS The deployment of cables and pipelines is recognised as a High Seas freedom under the 1981 UN Convention on the Law of the Sea (UNCLOS). UNCLOS also permits every State to place submarine cables and pipelines on the continental shelf. Existing lines must be taken into account so that access and upkeep are safeguarded. Although the UK, as a Coastal State, must not obstruct the laying or servicing of such infrastructure, it may adopt proportionate measures to prevent, minimise and manage pollution arising from pipelines. The precise alignment or corridor of any cable or pipeline on the continental shelf remains subject to UK approval. Cables Scenario 1—cable route exclusively within inshore waters Where a submarine cable lies solely within UK territorial waters (that is, up to 12 nautical miles from Mean High Water Springs (MHWS)), the activity requires a licence and the standard marine licensing framework under the Marine and Coastal Access Act 2009 (MCAA 2009) applies. The Marine Management Organisation (MMO) may...
Exemptions from the marine licensing regime Certain activities that would typically be treated as licensable under section 66 of the Marine and Coastal Access Act 2009 (MCAA 2009) can, where specific stipulated conditions are satisfied, fall outside the marine licensing regime established by MCAA 2009 and therefore not require a licence. This approach applies only where the relevant criteria are met. Using exemptions allows regulators to act in a proportionate manner in the regulation of the marine environment, by making the licensing process swifter and more cost-effective wherever the activity is considered to present low risk. Although the proposed activity may not require a marine licence, other consents may still need to be obtained. See Practice Note: Marine licensing—construction. Exemptions can be grouped into six categories as follows: activities governed under other legislation activities necessary for the safety of vessels or human lives activities undertaken to prevent pollution operational defence activities certain types of maintenance by relevant statutory bodies routine...