Supplementary material

The Climate Change and Sustainable Energy Act 2006 requires a range of measures to be taken to combat climate change, many of which go a stage further than those found in the Sustainable Energy Act 2003 as amended by the Energy Act 2004. These include annual reporting on actual greenhouse gas emissions (compare s.1 of the Sustainable Energy Act 2003), microgeneration targets (by 2009, though see s.4(2)); a (novel) statutorily required review of permitted development rights to further microgeneration; and a refocusing of the duties on electricity providers in the Electricity Act 1989 from energy efficient to carbon reduction. See www.opsi.gov.uk/acts/acts2006/ukpga_20060019_en.pdf

Minor changes, in England, to the Pollution Prevention and Control Regulations 2000 come into force on 1 October, see www.opsi.gov.uk/si/si2006/20062311.htm

The Environmental Noise (England) Regulations 2006

Under Directive 2002/49/EC, Member States must complete 'noise maps' for all major conurbations above 250,000 people, roads, railways and airports by 2007. Smaller towns and roads need to be mapped by 2012. The Directive also requires action plans to be produced to reduce high noise levels and protect quiet areas, by 2008 for the major areas and 2013 for the others. These regulations implement this Directive in England. See www.opsi.gov.uk/si/si2006/20062238.htm

Contaminated Land (England) Regulations 2006 (SI 2006 No. 1380)

These Regulations consolidate the provisions of the Contaminated Land (England) Regulations 2000 (SI 2000, No. 227) and the Contaminated Land (England) (Amendment) Regulations 2001 (SI 2001, No. 663) (the Regulations are on p. 428 of the Statutes). The Regulations also incorporate amendments since 2001, including amendments which make provision for an additional description of contaminated land that is required to be designated as a 'special site', that is, 'land which is contaminated land wholly or partly by virtue of any radioactivity possessed by any substance in, on or under that land'. (The basic definitions of contaminated land, and other general provisions, are in Part IIA of the Environmental Protection Act 1990, see p. 84 onwards of the Statutes).  Land is only radioactive contaminated land if harm is being caused, or there is a significant possibility of harm being caused by radioactivity, to human beings. The term 'harm' is given the same meaning as that under the Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006, which defines it as 'lasting exposure to any person resulting from the after-effects of radiological emergency, practice or past work activity.' Unlike s.78A(4) of the EPA 1990, 'radioactive' harm does not apply in respect of wider ecological health or water pollution. Appeals against contaminated land remediation notices, whether served by a local authority or the Environment Agency, will be heard by the Secretary of State pursuant to the provisions made under the Clean Neighbourhoods and Environment Act 2005. The Regulations came into force on 4 August 2006.

The Regulations are at www.opsi.gov.uk/si/si2006/20061380.htm

The Waste Management (England and Wales) Regulations 2006 (SI 2006, No. 937)

These Regulations, which came into force on 15 May 2006, implement in part the Waste Framework Directive and the Landfill Directive. Following a ruling by the European Court of Justice, these Regulations were introduced to remove the exclusion of wastes from farms, mines and quarries from the waste licensing regime. Farmers will no longer be allowed to bury, burn or dump waste on their land without a waste management licence, landfill permit or exemption. The Regulations amend, amongst other things, s.33 of the EPA 1990; the Controlled Waste Regulations 1992; the Waste Management Licensing Regulations 1994; the Landfill (England and Wales) Regulations 2002; and the Hazardous Waste (England and Wales) Regulations 2005

The Regulations are at www.opsi.gov.uk/si/si2006/20060937.htm

Back to top