Recent Changes to Legislation Surrounding Environmental and Energy Aspects

15th November 2016

So far in 2016 there have been a number of legislative and regulatory introductions and changes that have the potential to affect the way in which you manage your real estate environmental and energy related aspects. These amendments and introductions are explained in further detail below:

The Waste (Meaning of Recovery) (Miscellaneous Amendments) Regulations 2016

On the 3rd August 2016 The Waste (Meaning of Recovery) (Miscellaneous Amendments) Regulations 2016 came into force in England, Northern Ireland, Scotland and Wales; updating various waste enactments which define waste recovery, to adopt the use of The Waste Framework Directive 2008 (2008/98/EC) as follows:

  • The Hazardous Waste Regulations 2005 have been amended such that the use of the term “waste directive” now relates to The Waste Framework Directive 2008 (2008/98/EC) as opposed to The Waste Framework Directive 1975 (75/442/EEC);
  • The Environmental Permitting Regulations 2010 have been amended to adopt The Waste Framework Directive 2008 (2008/98/EC) instead of the outdated codified Waste Framework Directive 2006 (2006/12/EC);
  • The Waste Electrical and Electronic Equipment Regulations 2013 have been amended to incorporate the definition of the “waste directive” as The Waste Framework Directive 1975 (75/442/EEC).

However, it should be mentioned that these amendments will not affect how to practically manage these waste related aspects of your sites.

It is also important to remember that as of 1 April 2016 premises in England that produce more than 500kg of hazardous waste a year are no longer required to register such sites with the Environment Agency (EA) as hazardous waste producers.

The Energy Performance of Buildings (England and Wales) (Amendment No. 2) Regulations 2016

On the 1st October 2016 The Energy Performance of Buildings (England and Wales) (Amendment No. 2) Regulations 2016 were adopted in England and Wales. This amendment has implications on the importance of energy efficiency improvement in your buildings, as well as implications relating to the production of and access to site Energy Performance Certificates. These amendments are explained in further detail below:

  • The adoption of the Energy Act 2011 definition of ‘energy efficiency improvement’ such that:
    • measures for improving efficiency in the use in the property of electricity, gas conveyed through pipes or any other source of energy which is specified in an order made by the Secretary of State, or;
    • measures for increasing the amount of electricity generated, or heat produced, by microgeneration, and any other measures for increasing the amount of electricity generated, or heat produced, using low-emissions sources or technologies, and measures for reducing the consumption of such energy, or;
    • they are installed at the property for the purpose of supplying to it any of the following types of energy—
      • electricity generated by a generating station operated for the purposes of producing heat, or a cooling effect, in association with electricity;
      • heat produced in association with electricity or steam produced from (or air or water heated by) such heat;
  • any gas or liquid subjected to a cooling effect produced in association with electricity
  • The “electronic production of Energy Performance Certificates” identified in the original regulations has now been replaced with “electronic service of Energy Performance Certificates etc.” to allow for a wider range of Energy Performance Certificates, Display Energy Certificates (etc.) to be made available electronically if the intended recipient so wishes;
  • In an effort to drive energy efficiency improvements through greater access to data, the keeper of the register may now disclose bulk access data to an increased number of interested parties – provided the purpose of access is in relation to energy efficiency improvements. Interested parties now include: green deal representatives, the secretary of state (or person acting on their behalf), gas and electricity markets authority.

Furthermore, it is important to remember that as of 1st April 2018 the Minimum Energy Performance Standard (MEPS) regulations are expected to be introduced. This will require non-domestic properties within England and Wales to meet a minimum energy efficiency – which is thought to be equivalent to an Energy Performance Certificate (EPC) rating of E – before being let to tenants or sold, except where certain exemptions apply.

The S2 Partnership is encouraging those who may be affected to follow these top 3 tips to prepare for the changing energy efficiency regulations:

  1. Get an up-to-date EPC which is reflective of the current property performance;
  2. Formulate an energy action plan to improve the rating of the property where necessary;
  3. Implement these plans and review performance against them for continual improvements.

The Environment (Wales) Act 2016

The Environment (Wales) Act 2016 – which was passed by parliament on 21st March 2016 – has been introduced to plan and manage Wales’ natural resources in a more sustainable way; positioning Wales as a low carbon, green economy, ready to adapt to the impacts of Climate Change.  The highlights of the Act which may have an effect on the way in which sites in Wales are managed include:

  • Prohibition of the disposal of food waste to the sewer;
  • The legal foundation for preventing the incineration of certain waste streams; this is expected to be outlined in regulations to be produced following January 2017;
  • An occupier of premises in Wales who presents controlled waste for collection must do so in accordance with any applicable separation requirements – which are to be outlined in forthcoming regulations after January 2017.

With the right guidance and support, risk management needn’t be a time-consuming or expensive exercise. For further information or guidance, contact us.