The Environment (Amendment etc.) (EU Exit) Regulations 2019
| Year | 2019 |
2019 No. 458
Exiting The European Union
Environmental Protection
The Environment (Amendment etc.) (EU Exit) Regulations 2019
Made 27th February 2019
Coming into force in accordance with regulation 1(1)
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 1 of Schedule 4 and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
In accordance with paragraphs 1(1) and 12(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
In accordance with paragraph 3(1) of Schedule 4 to that Act, the Treasury has consented to the making of regulation 3(3)(a)(ii) and (v).
PART 1
Introductory
Citation, commencement, extent and application
1.—(1) These Regulations may be cited as the Environment (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.
(2) An amendment made by Part 2 has the same extent as the provision amended.
(3) An amendment made by Part 3 extends to England and Wales and applies to England only.
(4) Part 4 extends to Great Britain.
(5) A revocation made by Part 5 in respect of retained direct EU legislation in Part 1 of the Schedule extends to the United Kingdom.
(6) A revocation made by Part 5 in respect of subordinate legislation in Part 2 of the Schedule extends to England and Wales and applies to England only.
(7) A revocation made by Part 5 in respect of subordinate legislation in Part 3 of the Schedule has the same extent as the provision revoked.
PART 2
Amendment of primary legislation
The Environmental Protection Act 1990
2.—(1) The Environmental Protection Act 19902is amended as follows.
(2) In section 7—
(a)
(a) in subsection (2)(b), for “obligations of the United Kingdom under the EU Treaties” substitute “retained EU obligations”;
(b)
(b) for subsection (12)(b) substitute—
“(b)
“(b) retained EU law;”.
(3) In section 19(3), omit “the EU Treaties or”.
(4) In section 113(5), for “the implementation of Council Directive 90/220/EEC” substitute “retained EU law which implemented Directive 2001/18/ECof the European Parliament and of the Council3”.
(5) In section 116(2)—
(a)
(a) after “Secretary of State of” insert “a function under retained EU law or”;
(b)
(b) omit “the EU Treaties or”.
(6) Omit section 140(4)(a).
(7) In section 142(2)(a), after “State” insert “or in the United Kingdom”.
(8) In section 156—
(a)
(a) in the heading, for “EU and other” substitute “retained EU obligations and”;
(b)
(b) in subsection (1)(a), for “EU obligation” substitute “retained EU obligation”.
3.—(1) The Environment Act 19954is amended as follows.
(2) In section 405—
(a)
(a) in subsection (2)—
(i) in the opening words, omit “for the implementation of”;
(ii) for paragraph (a) substitute—
“(a)
“(a) for securing that any retained EU obligation is met, or”;
(iii) in paragraph (b), at the beginning insert “for the implementation of”;
(b)
(b) in subsection (4)—
(i) in the opening words, omit “for the implementation of”;
(ii) for paragraph (a) substitute—
“(a)
“(a) for securing that any retained EU obligation is met, or”;
(iii) in paragraph (b), at the beginning insert “for the implementation of”.
(3) In section 416—
(a)
(a) in subsection (1)—
(i) paragraph (c) is omitted (as it applies in relation to England and as it applies in relation to Wales);
(ii) after paragraph (c) insert—
“(ca)
“(ca) as a means of recovering costs incurred by it in performing functions conferred by the Hazardous Waste (England and Wales) Regulations 2005, the Agency may require the payment to it of such charges as may from time to time be prescribed;
(cb)
(cb) as a means of recovering costs incurred by it in performing functions conferred by the Hazardous Waste (Wales) Regulations 2005, the Natural Resources Body for Wales may require the payment to it of such charges as may from time to time be prescribed;”;
(iii) in paragraph (f) as it applies to England and Wales, for the words from “regulations made for the purposes of” to “(as amended from time to time)” substitute “retained EU law which implemented Council Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel (as it had effect immediately before exit day)”;
(iv) in paragraph (g), for the words from “regulations made for the purpose of” to “as amended from time to time,” substitute “retained EU law which implemented Directive 2006/66/ECof the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators (as it had effect immediately before exit day)”;
(v) after paragraph (k) insert—
“(l)
“(l) as a means of recovering costs incurred by it in performing functions conferred by Regulation (EC) No 1005/2009on substances that deplete the ozone layer, the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;
(m)
(m) as a means of recovering costs incurred by it in performing functions conferred by Regulation (EU) No 517/2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006, the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;”;
(b)
(b) in subsection (2)(g), for “obligations of the United Kingdom under the EU Treaties” substitute “retained EU obligation”.
(4) In section 41A(1)7, for paragraph (a) substitute—
“(a)
“(a) as a means of recovering costs incurred by it in performing functions conferred under or by virtue of—
(i) the Greenhouse Gas Emissions Trading Scheme Regulations 2005 ( S.I. 2005/925)8;
(ii) the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 ( S.I. 2010/1996)9;
(iii) the Greenhouse Gas Emissions Trading Scheme Regulations 2012 ( S.I. 2012/3038)10.”.
(5) In section 56(1)11—
(a)
(a) in the definition of “environmental licence” in relation to an appropriate agency—
(i) in paragraph (aa)(i), for “regulations made for the purpose of implementing the EU ETS Directive” substitute “the Greenhouse Gas Emissions Trading Scheme Regulations 2005 ( S.I. 2005/925) and the Greenhouse Gas Emissions Trading Scheme Regulations 2012 ( S.I. 2012/3038)”;
(ii) in paragraph (h), for “any provision which gives effect in England and Wales to” substitute “retained EU law which, in England and Wales, implemented”;
(b)
(b) in the definition of “environmental licence” in relation to SEPA, in paragraph (ja), for the words from “or accumulators to” to the end, substitute “(including accumulators) as defined in regulation 2 of those Regulations, and where those batteries have been collected in accordance with Article 8 of Directive 2006/66/ECof the European Parliament and of the Council on batteries and accumulators”;
(c)
(c) omit the definition of “the EU ETS Directive”.
(6) In section 80(2)—
(a)
(a) in the opening words, omit “implementing”;
(b)
(b) for paragraph (a) substitute—
“(a)
“(a) securing that any retained EU obligation is met, or”;
(c)
(c) in paragraph (b), at the beginning insert “the implementation of”.
(7) In section 85(5)—
(a)
(a) in the opening words, omit “for the implementation of”;
(b)
(b) for paragraph (a) substitute—
“(a)
“(a) for securing that any retained EU obligation is met, or”;
(c)
(c) in paragraph (b), at the beginning insert “for the implementation of”.
(8) In section 86(8)—
(a)
(a) in the opening words, omit “for the implementation of”;
(b)
(b) for paragraph (a) substitute—
“(a)
“(a) for securing that any retained EU obligation is met, or”;
(c)
(c) in paragraph (b), at the beginning insert “for the implementation of”.
(9) In section 87(1)(b)—
(a)
(a) omit “, implementing”;
(b)
(b) for sub-paragraph (i) substitute—
“(i)
“(i) securing that any retained EU obligation is met, or”;
(c)
(c) in sub-paragraph (ii), at the beginning insert “the implementation of any”.
(10) In section 93(3)(a), for “obligations of the United Kingdom under the EU Treaties” substitute “retained EU obligations”.
(11) In section 94(2)(a)(i), for “obligations of the United Kingdom under the EU Treaties” substitute “retained EU obligations”.
(12) In section 108(15)12—
(a)
(a) in the definition of “pollution control functions” in relation to the Agency, the Natural Resources Body for Wales or SEPA, for paragraph (m) substitute—
“(m)
“(m) EU-derived domestic legislation (as defined by section 2 of the European Union (Withdrawal) Act 2018) to the extent that it relates to pollution;”;
(b)
(b) in the definition of “pollution control functions” in relation to a local enforcing authority, for paragraph (c) substitute—
“(c)
“(c) by or under EU-derived domestic legislation (as defined by section 2 of the European Union (Withdrawal) Act 2018) to the extent that it relates to pollution;”.
(13) In section 111(5)13, for the definition of “relevant regulations” substitute—
““relevant regulations” means—
(a) the Greenhouse Gas Emissions Trading Scheme Regulations 2005 ( S.I. 2005/925);
(b) the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 ( S.I. 2010/1966);
(c) the Greenhouse Gas Emissions Trading Scheme Regulations 2012 ( S.I. 2012/3038).”.
(14) In section 122—
(a)
(a) for subsection (3) substitute—
“3 Subsections (4) and (5) apply to any direction which is—
(a) given to—
(i) the Agency or SEPA under any provision of this Act or any other enactment, or
(ii) any other body or person under any provision of this Act, and
(b) to any extent given—
(i) before exit day, for the implementation of any obligation of the United Kingdom under the EU Treaties, or
(ii) for securing that any retained EU obligation is met.”;
(b)
(b) in subsection (4), for the words from “the obligations mentioned” to “continue to be...
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