Environmental guidance for your business in Northern Ireland & Scotland
The Environmental Better Regulation Act (NI) 2016 received Royal Assent on 11 April 2016. The Act is a key element of the Department’s Regulatory Transformation Programme. The overall aim of the Programme is to provide a more streamlined and effective regulatory system for businesses and regulators.
During the consultation process businesses raised criticism of environmental regulations, and regulation itself, for being complex, inflexible, incoherent and time-consuming to understand. The lack of integration between environmental permits and the resource intensive nature of complying with multiple, un-coordinated inspections were identified as regulatory burdens, particularly by small/medium sized businesses, hindering them from doing business.
The proposals will affect all businesses undertaking regulated activities under environmental legislation and the regulators of environmental legislation in NIEA, Marine Division and District Councils.
The Act is primarily enabling legislation. Its key provisions are aimed at:-
1. Creation of an integrated environmental permitting regime.
The aim is that the new regime will allow the Department to issue an integrated permit that, where possible, will cover all environmental controls that relate to activities being undertaken at a site. The first phase will seek to integrate the permits currently issued by the NIEA's Environmental Protection Directorate i.e. governing pollution prevention and control, waste, water and radioactivity. Further phases will be undertaken to integrate, where possible, permits issued by the Natural and Built Heritage Directorates, and by the Marine Division.
2. Rationalising powers of entry and associated powers (inspection and investigation)
3. Amend the Clean Air (Northern Ireland) Order 1981
To provide for a new method for authorising fuels and exempted fireplaces in a smoke control area.
4. Amendments to the Environment (NI) Order 2002
District Councils will not be obligated to conduct further assessments of air quality within air quality management areas once established. This will allow district councils to prepare and implement air quality action plans more quickly and avoid duplicating information already gathered, either in the earlier detailed assessment stage or in the preparation of the air quality plan.
5. Amendments to the Water and Sewerage Services (NI) Order 2006
To transfer responsibility for the regulation of drinking water quality for public supplies from DRD to DOE. DOE currently has responsibility for private drinking water supplies. That will result in a more streamlined, efficient and transparent administrative structure that is in line with the aims of the better regulation agenda. It will help businesses and consumers by removing the potential for confusion over which Department is responsible for the regulation of public and private supply.
Consultation paper on proposals for an Environmental Better Regulation Bill
Environmental Better Regulation Act (Northern Ireland) 2016
Environmental Better Regulation (2016 Act)(Commencement No.1) Order (Northern Ireland) 2016
The Northern Ireland Environment Agency has published a short guide to the duty of care responsibilities including advice and information for waste producers, carriers and those accepting, storing and treating waste.
Any person intending to alter the use or management of areas of uncultivated or semi-natural land must obtain prior approval from the Department of Agriculture, Environment and Rural Affairs (DAERA).
Read more on the DAERA website
The NetRegs team at SEPA, in partnership with The Northern Ireland Environment Agency, Natural Resources Wales and a number of industry bodies have produced 9 new GPPs to replace out of date PPGs. More are coming! Check the available topics
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