Legislation index

Comprehensive index of UK environmental laws for Oil & Gas

Main UK LegislationAtmospherics LegislationBiodiversity and Conservation LegislationChemicals LegislationCOMAH and Hazardous Substances LegislationEIA and Public Participation LegislationEMS LegislationEnvironmental Liability LegislationGroundwater and Control Water LegislationNavigation and Decommissioning LegislationPollution Prevention and Discharge LegislationRadioactive Substances LegislationWaste Legislation

Energy Act 2023The Energy Act 2023 came into force in October 2023. The aim of this Act is to improve the resilience and reliability of the energy systems across the UK, to facilitate the delivery of net zero commitments and to increase energy security at a minimum cost to the consumer. In relation to oil and gas activities, this act makes several amendments and provisions, including those relation to environmental protection:

  • Provisions to enable the Secretary of State to make regulations for oil pollution emergency planning, response and inspection (e.g. delegation of functions, offences, new or amended definitions).; and

  • Provisions to enable the Secretary of State to make regulations related to habitats regulations assessments, considering the effects on ‘relevant sites’ from oil and gas activities, where a ‘relevant site’ will relate to natural habitats or habitats of species and will be defined in accordance with any proposed regulations. The regulations also include provisions that a licence may not be granted unless the Secretary of State has or Scottish Ministers have carried out an assessment and confirmed that the outcome of said assessment should not prevent a licence from being granted.


The Energy Act 2023 (Commencement No. 1) Regulations 2024 brought Sections 296 to 299 (subsections 1 and 2) of the Energy Act 2023 into force on 11th January 2024  allowing for the creation of secondary regulations relating to pollution from oil and gas activities and to establish a charging scheme for the Secretary of State’s functions under Part 4 of the Petroleum Act 1998, in relation to the decommissioning of offshore installations. Additionally, these commencement regulations bring Section 300, 301 and Schedule 21 into force which introduce requirements for consent to be granted by the NSTA where a change in control of the licence holder is being sought.
Climate Change Act (Northern Ireland) Act 2022The Northern Ireland Climate Change Act came into force in June 2022 and sets out targets for net-zero emissions by 2050 and intermediate targets for 2030 and 2040. A system of carbon budgeting and reporting is also established through this act.

The Climate Change Committee issued a report in March 2023 to provide advice to Northern Ireland on how to achieve the 2030 and 2040 interim targets and the first thee Carbon budgets, as set out in the Climate Change Act (Northern Ireland) Act 2022. Subsequent to this, the Department for Agriculture, Environment and Rural Affairs (DAERA) published a consultation document seeking views on the proposed interim targets and the first three carbon budgets.
Energy Act 2008The Energy Act of 2008 is instrumental in bearing down the legislative provisions for energy producers and providers in the UK. The Act received Royal Assent on 26 November 2008.
Energy Act 2011This act contains provisions to improve energy efficiency within the UK. This includes provisions on the security of energy supplies such as the necessary applications to use or modify upstream petroleum infrastructure to increase their capacity, and the measures to be taken within the energy industry to reduce carbon emissions, such as applications for re-use of infrastructure.
Energy Act 2016The introduction of the Energy Act 2016 formally establishes the North Sea Transition Authority (NTSA) as an independent regulator, detailing its functions. The regulations transfer functions from the Secretary of State for Business, Energy and Industrial Strategy (formerly DECC) to the North Sea Transition Authority (NTSA) Functions relate to licensing, production and exploration.
Environment Act 2021The Bill for the Environment Act was introduced to Parliament on 15 October 2019, but failed to get through Parliament before its dissolution on 6 November 2019. The revised Environment Bill 2019-2021 was reintroduced to Parliament on 30 January 2020. The Environment Act received Royal Assent on 9 November 2021 and sets out new environmental targets, plans and policies to be included in future regulations in the UK. This paves the way for a new suite of environmental legislation to help improve the natural environment.

The Act aims to create a world-leading system for environmental governance, through a new public body based in Bristol - the Office for Environmental Protection - which will be an independent watchdog with the powers to hold Government and other public bodies to account in relation to fulfilling their obligations on the environment.

The Act establishes a framework for environmental governance in addition to long-term environmental targets, some of which are applicable to only England, Northern Ireland, Scotland or Wales. Under the Act, the Secretary of State must create a environmental improvement plan for England and Wales.

Aspects of these Regulations, including the establishment of the OEP, were brought into force through the Environment Act 2021 (Commencement No. 1) Regulations 2021. Additionally a number of further specified forces were brought into force by The Environment Act 2021 (Commencement No. 2 and Saving Provision) Regulations 2022, including various items relevant to environmental protection and improvement, such as environmental targets and improvements plans. The Environment Act 2021 (Commencement No.3) Regulations 2022 brings various items related to environmental principles into force and species conservation. The Environment Act 2021 (Commencement No. 5 and Transitional Provisions) Regulations 2022 brings various items relating to conservation and biodiversity into effect and the Environment Act 2021 (Commencement No. 6) Regulations 2023 brings the Section 19: Policy Statement on environmental principles: effect into force in November 2023.

The Environment Act 2021 (Commencement No. 1 and Saving Provision) (Wales) Regulations 2022  brought various sections of the Environment Act 2021 into force on 7 March 2022 in Wales. Provisions relating to producer responsibility obligations, hazardous waste, charging power and issues relating to producer responsibility were brought into force.

The following pieces of legislation establish legally binding targets under the Environment Act 2021:

The Environmental Improvement Plan 2023 sets out how the targets under the Environment Act 2021 will be reached. It is the first revision of the first Environmental Improvement Plan (the 25 Year Environment Plan), published 2018. The 25 Year Environment Plan is subject to review every 5 years.
Environmental Protection Act 1990The aim of the Act is to provide a framework which will enable the Secretary of State to enforce regulations in order to prevent pollution from emissions to air, land or water from various processes. It contains the main legislation in relation to statutory nuisances, integrated pollution control, and also places a duty of care on those involved in the management of waste. This order was amended by The Financial Assistance for Environmental Purposes (Scotland) Order 2022 adding further descriptions of matters for which the Scottish Ministers may give financial assistance.
 Environmental (Wales) Act 2016This Act became law on the 2nd February 2016 and applies to Wales only. It includes responsibilities on various topics including the management of natural resources, climate change, collection and disposal of waste, and marine licensing are detailed by this act and mechanisms for the National Assembly of Wales are established. This Act was amended by the Environment (Wales) Act 2016 (Amendment of 2050 Emissions Target) Regulations 2021 to amend the target for emissions reductions in Wales for 2050 from 80% lower than the baseline to 100% lower than the baseline.
Islands (Scotland) Act 2018 asp 12 This Act outlines the plans to improve and promote sustainable development in the Scottish Islands. This includes provisions for the development of the Scottish Island Marine area, such as the requirement for certain developments to obtain Scottish Island Marine area licences.
Marine and Coastal Access Act 2009The UK Marine and Coastal Access Act of 2009, which gained Royal Assent on 12 November 2009, with particular relevance to biodiversity and nature conservation, this piece of legislation makes provision for the designation of Marine Conservation Zones (MCZs) in the territorial waters adjacent to England and Wales and UK offshore waters. Operators will need to apply for a marine licence to undertake certain licensable marine activities as per paragraph 66.
National Policy Statement for Natural Gas Supply Infrastructure and Gas and Oil Pipelines (EN-4)The National Policy Statement (NPS) for Natural Gas Supply Infrastructure and Gas and Oil Pipelines (EN-4) were published in 2023 and provides planning guidance for developers of Nationally Significant Infrastructure Projects (NSIP). This includes certain LNG facilities, gas receptor facilities, onshore gas transporter and onshore pipelines over 16 km in length. EN-4 may also be a consideration for non-NSIPs e.g. some pipelines which are not NSIPs may nevertheless be granted development consent as an associated development by virtue of their connection with another NSIP, such as a power station.

EN-4 outlines the UK government's policy on the need for nationally significant oil and gas infrastructure, the criteria for assessing applications, and the considerations for mitigating impacts. The document aims to support the transition to a secure, low-carbon energy system by 2050, emphasizing the importance of clean hydrogen and other sustainable energy sources.
Petroleum Act 1998These Regulations consolidate with amendments the provisions of the Petroleum (Production) Regulations 1982 (as amended) in relation to (a) applications to the Secretary of State for petroleum production licences in respect of seaward areas and (b) applications to the Secretary of State for petroleum exploration licences in respect of seaward areas and landward areas below the low water line. Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 entered into force on 5 March 2004. Petroleum Licensing (Production) (Seaward Areas) Regulation 2008 entered into force on 6 April 2008. The Petroleum Act 1998 Chapter 17 has been amended by the Energy Act 2016 and the Scotland Act 2016. The provisions include requirement for the owners of relevant offshore installation to work towards the objective to maximise the economic recovery of UK petroleum. The Oil and Gas Authority is required to produce strategies to enable this objective to be met.
The Petroleum Act 1998 has been further amended by the Scotland Act 2016 and Wales Act 2017 (Onshore Petroleum) (Consequential Amendments) Regulations 2018 that was made on 27th June 2018 and apply to England, Wales, Scotland and Northern Ireland. These Regulations transfer a power currently held by the Oil and Gas Authority to the Scottish Ministers and the Welsh Ministers. The regulator is in consequence allowed to request information on the financial affairs of a person who has drilled or is drilling a well in order to assess of their financial capability to plug and abandon.
Radioactive Substances Act 1993The Radioactive Substances Act 1993 set out measures to regulate the use and disposal of radioactive substances including registration, authorisation, enforcement and offences. The Act was repealed in England and Wales and replaced by the Environmental Permitting (England and Wales) Regulations the Environmental Permitting (England and Wales) Regulations 2010.
The Act now primarily applies to Northern Ireland and Scottish offshore waters.
Regulation (EU) 2018/1999 of the European Parliament and of the Council on the Governance of the Energy Union and Climate Action These regulations set out the legislative basis for the governance of Energy Union and Climate Action which aims to improve energy efficiency, reduce greenhouse gas emissions and increase the amount of energy produced from renewable sources. These regulations align the EU’s energy targets with those of the Paris agreement. It sets out the requirement for Member States to produce a National Energy and Climate Plan every decade after 31 December 2019. As part of these plans, Member States should attempt to phase out fossil fuels.
Scottish Crown Estate Act 2019This Act of the Scottish Parliament renames Crown Estate Scotland (Interim Management) as the 'Crown Estate Scotland'; to make provision about the management of the Scottish Crown Estate; and for connected purposes. It also makes related minor consequential amendments to related instruments.
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 as amendedThe Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (as amended) apply the ADR UN agreement in Great Britain, applying to England, Wales and Scotland only. The 2009 Regulations came in to force on the 1 July 2009, with an amendment to the Regulation taking place in 2011, which came in to force on the 24 October 2011.
The Conservation (Natural Habitat, &c.) Regulations 1994 as amended and The Conservation of Habitats and Species Regulations 2010 as amendedThe 1994 Regulations (as amended) implement the species protection requirements of the Habitat Directive in Scotland (only) on land and inshore waters (0-12 nautical miles). There have been several amendments to the regulations which apply to Scotland only, the latest amendment came into force on 16 August 2012. Thus the Scottish Regulations do not mirror the 2010 Regulations (The Conservation of Species and Habitats Regulation 2010), which apply to England and Wales only. The Conservation of Habitats and Species Regulations 2010 consolidate all the various amendments made to the Conservation (Natural Habitats, &c.) Regulations 1994 in respect of England and Wales. The 2010 Regulations transposed Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (EC Habitats Directive) into national law for England and Wales only. The Regulations came into force on 1 April 2010.
The Control of Major Accident Hazards Regulations 2015The new Control of Major Accident Hazards (COMAH) Regulations came into force in the UK on 1 June 2015. The main COMAH requirements will not change but a number of important changes particularly on how dangerous substances are classified and information that has to be made available to the public will change as a result of the new regulations. For the first time, lower tier operators will have to provide public information about their site and its hazards. Both top tier (now referred to as upper tier) and lower tier operators will need to provide public information electronically and keep it up to date.
The Controlled Waste (England and Wales) Regulations 2012 (as amended)These regulations define "Controlled Waste" for the purposes of EPA 90. Three categories of controlled waste are defined, i.e. household, industrial and commercial. Definition of Controlled Waste has been amended (see below) by the EU Framework Directive on Waste. All Special Waste/Hazardous Waste is Controlled Waste (see Waste Classification). The main exemptions to Controlled Waste are explosive and radioactive wastes. These Regulations entered into force on 6 April 2012.
The Controlled Waste Regulations 1992 (as amended)These regulations define "Controlled Waste" for the purposes of EPA 90 and entered into force on which came into force on 1 June 1992. Three categories of controlled waste are defined, i.e. household, industrial and commercial. Definition of Controlled Waste has been amended by the EU Framework Directive on Waste. All Special Waste/Hazardous Waste is Controlled Waste. The main exemptions to Controlled Waste are explosive and radioactive wastes. These Regulations apply to Scotland only, with the latest amendment coming into force on the 1 April 1993.
The Energy Act 2016 (Commencement No. 1 and Savings Provisions) Regulations 2016These Regulations bring into force the specified provisions of the Energy Act 2016 (c. 20). These are the first commencement regulations made under the Act which came into force on 24 May 2016. The dates of commencement of certain other provisions are set out in section 84 of the Act. This Act is part of the Energy Act 2016, formally establishing the North Sea Transition Authority (NTSA) as an independent regulator, detailing its functions.
The Energy Saving Opportunity Scheme Regulations 2014The Energy Saving Opportunity Scheme (ESOS) is an energy assessment and energy saving scheme established by the ESOS Regulations 2014. The scheme applies to large undertakings and groups containing large undertakings in the UK. Guidance on who is required to comply, and how to comply with ESOS has been published by the Environment Agency. The 2014 Regulations implement the EU Energy Efficiency Directive (2012/27/EU). Organisations that qualify must carry out ESOS assessments every four years. These assessments are made up of audits which will identify cost-effective energy saving measures.
The Environmental Authorisations (Scotland) Regulations 2018It replaces the Radioactive Substances Act 1993 for Scotland, associated Exemption Order and the High-Activity Sealed Sources and Orphan Sources Regulations 2005. These Regulations establish an authorisation framework that integrates authorisation, procedural and enforcement processes relating to radioactive substances. This legislation applies to Scotland. In relation to radioactive substance activities, the legislation was extended to Scottish offshore waters through the Environmental Authorisations (Scotland) Regulations 2018 (Consequential Modifications) Order 2021. The Environmental Authorisations (Scotland) Regulations 2018 (Transitional and Savings Provisions) Order 2021 transfers any permits made under the Radioactive Substances Act 1993 between September and 2018 and 25 November 2021 to be deemed permits under the 2018 Regulations.
The Environmental Permitting (England and Wales) (Amendment) Regulations 2018They amend the Environmental Permitting (England and Wales) Regulations 2016.
The Environmental Permitting (England and Wales) (Amendment) Regulations 2015The 2015 amendment regulation are the latest amendment to the original Environmental Permitting (England and Wales) Regulations 2010, which have been amended a number of times during this period. The regulations were amended to include the requirements of the industrial emissions directive. These regulations came into force on the 21 March 2015 and extend to England and Wales only. An England only amendment came into force on the 6 April 2015: The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2015. The Environmental Permitting regulations cover onshore air emission activities in England and Wales.
The Environmental Permitting (England and Wales) Regulations 2010 as amendedThe Environmental Permitting Regulations (England and Wales) of March 2010 as amended by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 introduced new and revised standard rules and generic risk assessments concerning waste operations under the Integrated Pollution Prevention and Control Directive. Standard rules define how operators must carry out activities, for example by limiting the types of waste that can be brought onto a site. If an operator wishes to carry out an activity covered by standard rules they can apply for a standard permit. This will be quicker and easier than applying for a bespoke permit with a more detailed assessment.
The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018These Regulations apply to England, Wales, Scotland and Northern Ireland. They mainly change out of date references to national and EU legislation, with some amendments reflecting changes in European legislation relating to hazardous waste and environmental information.
The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019These regulations make amendments to DEFRA legislation in the UK. These amend legislation to ensure it is up to date, reflecting recent changes in EU law, and making minor corrections to legislation.
The Fluorinated Greenhouse Gases Regulations 2015 as amendedThese regulations, which came into force on the 19 March 2015, implement the requirements of Regulation (EU) No 517/2014 of the European Parliament, revoking the Fluorinated Greenhouse Gas Regulations 2009. The regulations cover certification of equipment such as refrigeration and fire protection and fluorinated gas (f-gas) based solvents. Creates offences and penalties for not complying with recovery of f-gases legislation, labelling, qualifications and certificates required to work with products or equipment containing them. The Regulations ban the manufacture and use of certain F-Gases and provide a time period for these to be phased out. They have been amended by the Fluorinated Greenhouse Gases (Amendment) Regulations 2018 in response to five new EU Implementing Regulations which have been introduced since 2015. Changes include the introduction of civil sanctions and simplify the appointment of new certification bodies.
The Greenhouse Gas Emissions Trading Scheme Regulations 2012 as amendedThese Regulations, which came into force on 1 January 2013, replace the Greenhouse Gas Emissions Trading Scheme Regulations 2005. They transpose and implement Directive 2003/87/EC, establishing a scheme for greenhouse gas emission allowance trading within the UK, and in particular the amendments made to it by Directive 2009/29/EC, which improve and extend the scheme (EUETS Phase III). The new regulations aim to improve and extend the EU ETS with the introduction of a centralised, EU-wide cap on emissions, new sectors and gases and harmonised rules on free allocation with a move toward the greater auctioning of allowances. Regulations 17 to 19 apply specifically to offshore installations. The 2012 Regulations have since been amended in 2013 and 2014, with the latest amendment coming into force on 22 December 2014.
The Hazardous Waste (England and Wales) (Amendment) Regulations 2009 and The Hazardous Waste (England and Wales) Regulations 2005These Regulations amend the Hazardous Waste (England and Wales) Regulations 2005 which entered into force on 16 July 2005. The 2005 Regulations imposed procedures for Special Waste/Hazardous Waste that add to those already under the Duty of Care, including requirements for transportation and disposal within a strict documented framework (see Transfer of Special / Hazardous Waste). The Hazardous Waste (England and Wales) (Amendment) Regulations 2009 affect handlers of hazardous waste in England and Wales. The Regulations require hazardous waste producers to notify the Environment Agency before hazardous wastes can be removed from the premises. Certain low risk premises are exempted from the Regulations as long as they produce less than a specified amount of hazardous waste per annum. The qualifying limitation has risen from 200kg to 500kg. See also 'Explanatory Note'. These Regulations entered into force on 6 April 2009. The latest amendments have been introduced by the Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2018.
The Marine Licensing (Exempted Activities) (Amendment) Order 2019
These regulations detail amendments to Marine Licensing (Exempted Activities) Order 2011 . This amendment alters the list of activities which are exempt from a Marine License under the Marine and Coastal Access Act 2009 in the UK. This order came into force on 31 May 2019.
The Marine Licensing (Exempted Activities) (Wales) (Amendment) Order 2018
It revokes the Marine Licensing (Exempted Activities) (Wales) (Amendment) Order SI 2016/690 and amends the Marine Licensing (Exempted Activities) (Wales) Order 2011 which refers to Directive 2008/98/EC on waste and repealing certain Directives.
The Merchant Shipping Act 1995The Merchant Shipping Act 1995, which received Royal Assent on 19 July 1995, implements in the UK the OPRC Convention. The aim of the OPRC Convention is to increase the level of effective response to oil pollution incidents and to promote international co-operation to this end. The Convention applies to ships and offshore installations and requires operators to have in place Oil Pollution Emergency Plans (OPEP), which are approved by the body that is the National Competent Authority for the Convention. The Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 introduce into UK law the oil spill planning requirements and legal oil spill reporting requirements of the OPRC Convention. These Regulations were recently amended by the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) (Amendment) Regulations 2015.
The Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 as amendedThe Convention applies to ships and offshore installations and requires operators to have in place Oil Pollution Emergency Plans (OPEP), which are approved by the body that is the National Competent Authority for the Convention. The Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 introduced into UK law the oil spill planning requirements and legal oil spill reporting requirements of the OPRC Convention. These Regulations were recently amended by the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) (Amendment) Regulations 2015.
The Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) (Amendment) Regulations 2015These Regulations, which came into force on 19 July 2015, together with the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 and the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015, implement the European Union Directive 2013/30/EU on the safety of offshore oil and gas operations (OSD).
The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008These Regulations cover articles 3, 4 and 5 of the Merchant Shipping (Prevention of Pollution by Sewage and Garbage) Order 2006(a), article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996 and section 128(5), and (6) of the Merchant Shipping Act 1995 and implement both the revised Annex IV of MARPOL 73/78 - Regulations for the Prevention of Pollution by Sewage from Ships, and the Annex V of MARPOL 73/78 (including amendments) - Regulations for the Prevention of Pollution by Garbage from Ships. These Regulations came into force on 1 February 2009.
The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 These Regulations implement Annex I (Regulations for the Prevention of Pollution by Oil) of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (the MARPOL Convention). Further amendments have been made to the Annex which are also implemented by these Regulations. As a consequence, the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 and other instruments which amend them are revoked.
The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018They contain provisions which aim to prevent the discharge of dangerous or noxious liquid substances in the sea, and apply in particular to ships carrying such substances in bulk.
The Merchant Shipping (Pollution) Act 2006This Act of 2006 enables the Government to implement Annex VI of the MARPOL 73/78 Convention and amends the Merchant Shipping Act 1995 to enable implementation of Annex VI using the same powers used to implement other MARPOL 73/78 Annexes and received Royal Assent on 30 March 2006.
The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 implement Annex VI in the UK. Some aspects of Annex VI are already in place including requirement for marine fuel oil suppliers to be registered and limits set on NOx emissions from marine diesel engines (including those on offshore installations). These Regulations came into force on 8 December 2008. The 2008 Regulations were amended by the Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 which came into force on 20 April 2010.

MGN 400 (M+F) Amendment 1: Additional guidance on the merchant shipping (prevention of air pollution from ships) regulations 2008 as amended by the merchant shipping (prevention of air pollution from ships) (amendment) regulations 2010
The Offshore Chemicals Regulations 2002Offshore operations involving the use and/or discharge of 'defined' chemicals must be the subject of a chemical permit which came into force on 15 May 2002. Amendments to the Offshore Chemicals Regulations 2002, made under Schedule 2 of the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (OPPC) increase the powers of Department for Energy Security and Net Zero inspectors to investigate non-compliances and risk of significant pollution from chemical discharges, including the issue of prohibition or enforcement notices. A further amendment to the Offshore Chemicals (Amendment) Regulations came into force in March 2011.

Covid-19 update: Where, before 5 September 2021, it is not reasonably practicable for the public to inspect copies of documents at a specific address, a copy of the permit application can be published on a publicly accessible website. The newspaper notice must therefore specify the web address at which the documents can be accessed.
The Offshore Chemicals and Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Coronavirus) (Amendment) Regulations 2020These regulations remove the requirement for offshore oil and gas operators to make relevant documents available for public inspection at a specified address in the UK, if it is not reasonably practical to allow the public to inspect these documents, due to the COVID – 19 pandemic.
The Offshore Environmental Civil Sanctions Regulations 2018These Regulations give the Secretary of State the power to impose civil sanctions under (and therefore implement) the following legislation:

  • The Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998;

  • The Offshore Chemicals Regulations 2002;

  • The Offshore Installations (Emergency Pollution Control) Regulations 2001;

  • The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005;

  • The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013.
The Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007These Regulations, which came into force on 21 August 2007, make provision for implementing the Birds Directive and Habitats Directive in relation to marine areas where the United Kingdom has jurisdiction beyond its territorial sea. The Regulations make provision for the selection, registration and notification of sites in the offshore marine area (European Offshore Marine Sites) and for the management of these sites. Competent authorities are required to ensure that steps are taken to avoid the disturbance of species and deterioration of habitat in respect of the offshore marine sites and that any significant effects are considered before authorisation of certain plans or projects. Provisions are also in place for issuing of licences for certain activities and for undertaking monitoring and surveillance of offshore marine sites. Subsequent amendments were made to these Regulations in 2010 and 2012, the latter coming into force on 16 August 2012.
The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 as amendedThe Offshore Pollution Prevention and Control (PPC) Regulations 2013 transpose the relevant provisions of the Industrial Emissions Directive 2010/75/EU in respect to specific atmospheric pollutants from combustion installations with a thermal capacity rating in excess of 50 MW on offshore platforms undertaking oil and gas production and gas and CO2 unloading and storage. In this context, the obligations of the Offshore PPC Regulations 2013 on the offshore oil and gas industry basically mirror those of the Offshore Combustion Installations PPC Regulations 2001 (as amended), which ceased to apply after 07 January 2014. This Instrument came into effect on 19 May 2013.

The latest amendment is the Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018.
The Offshore Installations (Safety Zones) Order 2018
Article 2 of this Order establishes, under section 22 of the Petroleum Act 1987, safety zones having a radius of 500 metres from the specified point around the 38 installations (which are subsea installations) specified in the Schedule to this Order stationed, or to be stationed, in waters to which section 21(7) of that Act applies (these include territorial waters and waters in areas designated under section 1(7) of the Continental Shelf Act 1964 (c. 29)).
The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015The Offshore Installation (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 came into force on the 19 July 2015 replacing the 2005 Safety Case Regulations. The 2015 Regulations will implement the EC Directive on safety of offshore oil and gas operations 2013/30/EU. The EU has put Directive in place a set of rules to help prevent accidents, as well as respond promptly and efficiency should one occur. The 2015 Regulations provide for the preparation of safety cases for offshore installations and the notification of specified activities to the competent authority.
The Offshore Petroleum Activities (Conservation Habitats) Regulations 2001

The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007		The 2001 Regulations of the same name applies the Habitats Directive and the Wild Birds Directive in relation to oil and gas plans and projects wholly or partially on the UK continental shelf and adjacent waters outside territorial waters (UKCS). Any plan or project which that would be likely to have a significant effect on a designated site must be subject to Habitats Regulatory Assessment of its implications for the site’s conservation objectives. This Regulation entered into force on 18 February 2007.
The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 as amendedThese Regulations, which entered force on 21 July 2005, introduced a permitting system for oil discharges and replace the requirement for an exemption under POPA. These Regulations do not require a permit for discharge of OBM/OPF and SBMs as these are permitted under the Offshore Chemical Regulations 2002. However any material being discharged or reinjected that has been contaminated by hydrocarbons from the reservoir will require a permit. The 2005 Regulation were amended in 2011 (he Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Amendment) Regulations 2011). The amended Regulations introduced a number of changes to the Regulations. This includes a new definition of "offshore installation" which encompasses all pipelines - some of which were not previously covered by the OPPC Regulations. The amending OPPC Regulations also include the concept of "release" to cover all unintentional emissions of oil that occur through accidental spills / leaks or non-operational discharges. Intentional emissions are now clarified as discharges. These Regulations came into force on 29 March 2011.
The Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015They implement Directive 2013/30/EU, on safety of offshore oil and gas operations, and make provisions regarding offshore licenses and came into force on 19 July 2015. The Regulations implement the Offshore Safety Directives requirements relating to licensing and certain environmental matters relating to emergency response, and are produced by the Department for Energy Security and Net Zero.
The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulation 1999 as amendedThe Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 replaces the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 (as amended).

These introduce new elements to be included in Environmental Statements including:

  • More focus on description of project alternatives and strategies to minimise atmospheric emissions;

  • Assessment of impacts resulting from the vulnerability of the project to risks of major accidents or disasters, including those caused by climate change;

  • Consideration of the Government’s Net Zero strategy


Introducing an optional near-final draft Environmental Statement to OPRED.
The Oil and Gas Authority (Offshore Petroleum) (Retention of Information and Samples) Regulations 2018They set out requirements for the retention of petroleum-related information and samples (as defined in the Energy Act 2016) by certain relevant persons, also defined in the Energy Act 2016.
The Ozone-Depleting Substances Regulations 2015These Regulations provide for the enforcement of EC Regulation 1005/2009 on substances that delete the ozone layer (as amended). The Regulations may be cited as the Ozone-Depleting Substances Regulations 2015 and came into force on 7 March 2015. These Regulations replace and consolidate the Ozone-Depleting Substances (Qualifications) Regulations 2009 and the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2011.
The Petroleum Licensing (Applications) Regulations 2015These Regulations came into force on 30 June 2015 and apply to England, Scotland, Wales and Northern Ireland. They set out the requirements for licence applications for: 1. Landward petroleum exploration; 2. Seaward petroleum exploration; 3. Methane drainage; 4. Petroleum exploration and development; and 5. Seaward area production. The primary legislation to the 2015 Regulation is the Petroleum Act 1998.
The Pollution Prevention and Control (Scotland) Regulations 2012The Pollution Prevention and Control (PPC) (Scotland) Regulations set out a system to control pollution from any installation or mobile plant carrying out specified activities through permits, inspections and control of emissions. The regulation covers the inclusion of best available techniques (BAT). These regulations came into force on 7 January 2013 and extend to Scotland only. The PPC regulations cover onshore air emission activities in Scotland.
The REACH Enforcement Regulations 2008 as amendedThe EC REACH Regulations, which entered into force on 1 June 2007, are directly applicable in the UK, however the REACH Enforcement Regulations 2008 provide the regulatory framework for REACH in the UK. The UK REACH Regulations apply to all offshore installations but not ships. The Department for Energy Security and Net Zero has issued an Advisory Note on Offshore Application of REACH.

EU Regulation 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) has been retained in the UK through the European (Withdrawal) Act 2018. The retained Regulation 1907/2006 was amended in the UK by The Reach etc. (Amendment) Regulations 2021 to ensure that it operates effectively in the UK.
The Special Waste Amendment (Scotland) Regulations 2004These Regulations now only apply in Scotland, and entered into force on 1 July 2004. These Regulations amended the Special Waste Regulations 1996 when they entered into force and impose procedures for Special Waste that add to those already under the Duty of Care, including requirements for transportation and disposal within a strict documented framework. The Regulations provide a new definition of Special Waste in accordance with the EC Hazardous Waste Directive (91/689/EEC). The Hazardous Waste List has been expanded and refined and is now included in the European Waste Catalogue.
The Supplementary Guidance on the Offshore Chemicals and Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Coronavirus) (Amendment) Regulations 2020These guidance notes, provided by OPRED, outline the changes made by the Offshore Chemicals and Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Coronavirus) (Amendment) Regulations 2020.

The guidance notifies the applicants that copies of documents do not need to be made available to be obtained in person but that copies of the application must be accessible on a public website or supplied by post free of charge or provided electronically where requested, during this period. The modifications will lapse 12 months after the Regulations come into force (5 September 2020).
The UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (Consequential Provisions and Modifications) Order 2021This order allows the Scottish Government to fully implement their new environmental governance body, Environmental Standards Scotland. This order is made in consequence of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021. It will ensure that Scotland’s high standards of environmental governance are maintained. Draft statutory guidance on Guiding principles on the environment which intends to provide a guide to the duties set out for Ministers and other public authorities brought about by this act.
The Waste Management Licensing (Scotland) Regulations 2011These Regulations came into forced on 27 March 2011 and consolidate the waste management licensing and exemption system contained in the Waste Management Licensing Regulations 1994 as amended. They also make certain changes to that system (including the introduction of new exemptions from the requirement for licensing and the adjustment of various existing exemptions) and contain provision for the purpose of implementing Directive 2008/98/EC on waste.



International

Bern Convention on the Conservation of European Wildlife and Natural HabitatsThis Convention requires "each Contracting Party to strictly control the introduction of non-native species" and was conduced in September 1979 and came into force on 1 June 1982.
Bonn Convention on the Conservation of Migratory Species of Wild AnimalsThe Bonn Convention aims to conserve terrestrial, marine and avian migratory species throughout their range. It was concluded under the United Nations Environment Programme and is concerned with the conservation of wildlife and habitats on a global scale. Within the EU, the requirements of the Bonn convention are delivered through the EU Habitats Directive and its transposition into legislation within each member state. The Convention entered into force in 1983.

The convention entered into force in 1983 through Decision 82/461/EEC. Appendix I of this convention lists endangered migratory species that are at risk of extinction and Appendix II lists migratory species that have an unfavourable conservation status. These appendices were amended in 2020 through Decision (EU) 2020/243. Through this Decision, several migratory species were added to the two appendices and basking shark was removed from Appendix I as the species is not at risk of extinction.
OSPAR Recommendation 2003/3 on a Network of Marine Protected Areas as amended OSPAR Recommendation 2010/2 on amending Recommendation 2003/3 on a network of Marine Protected AreasThe purpose of the 2003/3 Recommendation was to establish the OSPAR Network of Marine Protected Areas and ensure that by 2010 an ecologically coherent network of well managed marine protected areas were in place.  The Recommendation entered into force on 27 June 2003.  The 2003/3 Recommendations has since been amended by the 2010/2 Recommendation. The purpose of the 2010/2 Recommendation was to amend and up-date Recommendation 2003/3, and came into effect on 24 September 2010.
OSPAR Recommendation 2010/5 on the assessment of environmental impacts on threatened and/or declining speciesWhen assessments of environmental impacts of human activities that may affect the marine environment of the OSPAR maritime area are prepared, Contracting Parties should ensure they take account of the relevant species and habitats on the OSPAR List of threatened and/or declining species and habitats (OSPAR Agreement 2008-6). The Recommendation was implemented by means of administrative action.
Ramsar ConventionRamsar is the oldest of the modern global intergovernmental environmental agreements. The treaty was negotiated through the 1960s by countries and non-governmental organizations concerned about the increasing loss and degradation of wetland habitat for migratory waterbirds. It was adopted in the city of Ramsar in 1971 and came into force in 1975.
The Convention on Biological Diversity (1992)The Convention on Biological Diversity (1992) was the first treaty to provide a legal framework for biodiversity conservation. By becoming a signatory, the UK made a commitment to implementing measures into national legislation to ensure: both the conservation of biological diversity and the sustainable use of its components. The Convention places a duty on government to 'have regard' to the conservation of biological diversity within their national context and requires the publication of a list of species and habitats which are of principle importance.  This Convention requires its contracting parties, as far as possible and appropriate, "to prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species". The Convention also addresses liability for damage caused by introductions where insufficient or ineffective measures have been taken to eradicate them once released. The Convention was opened for signature at the Earth Summit in Rio de Janeiro in June 1992; entering into force on 29 December 1993.
The Strategic Plan for Biodiversity 2011-2020 and the Aichi Biodiversity TargetsIn 2010 the Convention on Biological Diversity (CBD) adopted the Strategic Plan for Biodiversity 2011–2020, a ten-year framework to safeguard biodiversity and the benefits it provides to people. As part of the Strategic Plan, 20 targets, known as the Aichi Biodiversity Targets, were adopted. The 20 targets are covered under 5 strategic goals (the goals and targets can all be found in the link).  Governments signed up to the strategy will establish national targets in support of the Aichi Biodiversity Targets. National Biodiversity Strategies Action Plans reflect a countries intend to fulfil the objectives of the CBD and the concrete actions it intends to take.
World Heritage ConventionThe World Heritage Convention was adopted by the United Nations Educational, Scientific and Cultural Organisation (UNESCO) General Conference at its 17th session in Paris on 16 November 1972. The Convention came into force in 1975. The Convention aims to promote cooperation among nations to protect heritage around the world that is of such outstanding universal value that its conservation is important for current and future generations.

EU

For updated legislation following Brexit, please refer to the pdf document downloadable from the Environmental Legislation Page.

UK

Clean Air Act 1993The Clean Air Act 1993 has its origins in Acts of 1956 and 1968. The Act came into force on 27 May 1993 and gives affect to England, Wales and Scotland only.
Clean Air (Northern Ireland) Order 1981The Clean Air (Northern Ireland) Order 1981 sets out controls on smoke, dust and fumes, including the introduction of smoke control areas. The order came into affect on10 February 1981 and gives affect to Northern Ireland only.
Climate Change Act 2008 The Act sets up a framework for the UK to achieve its long-term goals of reducing greenhouse gas emissions by 2050 and to ensure steps are taken towards adapting to the impact of climate change. The Climate Change Act 2008 received Royal Assent on 26 November 2008. This was further updated by the Climate Change (Scotland) Act 2009 which received Royal Assent on August 4, 2009. The Climate Change Act 2008 (Credit Limit) Order 2016 sets a limit on the net amount of carbon units that may be credited to the net UK carbon account for the 2018-2022 budgetary period of 55,000,000 carbon units.

The Climate Change Act 2008 (Credit Limit) Order 2021 sets the limit on the net amount of carbon units that can be credited to the net UK carbon account for the 2023 – 2027 budgetary period, which is also 55,000,000 carbon units.

In accordance with this act, the carbon budget for the periods between 2008 and 2037 have been set by the following:

The Climate Change Act 2008 requires reporting of targeted greenhouse gas emissions which are included in the carbon budget. These targeted greenhouse gas emissions include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulphur hexafluoride. Climate Change (Targeted Greenhouse Gases) Order 2023 adds Nitrogen trifluoride (NF3) to this list of targeted greenhouse gases.
Climate Change Act 2008 (2050 Target Amendment) Order 2019 This order came into force on 27 June 2019 and sets new emissions targets for the UK. It amends the previous emissions target in Climate Change Act 2008 to set a new emissions target for the UK which is to reach 100% lower emissions than the 1990 baseline by 2050.
Climate Change (Scotland) Act 2009This act outlines greenhouse gas (GHG) emission reduction targets for Scotland. These targets include 42% reduction in GHGs by 2020, and 80% reduction by 2050. This act also includes provisions for Scottish ministers to set annual GHG emission reduction targets, report on the progress towards these targets, and the strategies to be employed to help achieve GHG reduction targets.

The greenhouse gas emissions targets were amended by the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019. This act sets a new target for Scotland to reach new-zero emissions by 2045. Interim targets now include reaching greenhouse gas emissions which are 56%, 75% and 90% lower than the 1990 baseline in 2020, 2030 and 2040, respectively. These regulations came into force through this regulation itself and through the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 (Commencement) Regulations 2020. This brought the entire legislation into force on 23 March 2020.The interim 2020 target was lowered from 56% to 48.5% in 2023 by the Climate Change (Scotland) Act 2009 (Interim Target) Amendment Regulations 2023. The 2030 interim target of 75% remains.

The Climate Change (Emissions Reduction Targets) (Scotland) Act 2024 amends the Climate Change (Scotland) Act 2009 and provides a more reliable framework for emissions reductions in Scotland, to account for recommendations from the independent Climate Change Committee (CCC). The previous annual emissions targets are vulnerable to year-to-year fluctuations caused by events such as a particularly cold winter or a global pandemic. This Act will replace the interim and annual targets with the Scottish carbon budget targets, which will cover total tonnes of emissions for a given period set by secondary legislation based on the expert advice from the CCC.This Act also changes the current deadline to finalise the next Climate Change Plan for Scotland so the Plan can align with the process for setting the new carbon budgets.
Energy Act 1976Under this Act of November 1976, consent is required for natural gas to be disposed of by flaring or venting and this applies to all onshore hydrocarbon fields as well as offshore fields.
Environment Act (1995)The Environment Act (1995), published in July 1995, set the framework for the National Air Quality Strategy first published in 1997 and most recently updated in 2007.
The Air Quality (Scotland) Amendment Regulations 2016These Regulations came into force on 1 April 2016 and apply to Scotland only. They amend the Air Quality (Scotland) Regulations SSI 2000/97 by:

  • Introducing a definition of PM2 5;

  • Setting PM2 5 substance air quality objectives; and

  • Detailing the period by which local authorities are to review the air quality within their areas.
The Air Quality Standards (Amendment) Regulations 2016

These Regulations apply to England only. They came into force on 31 December 2016. They amend the Air Quality Standards Regulations SI 2010/1001 in relation to current technical standards which improve the accuracy and reliability of how air quality is monitored.
The Air Quality Standards (Amendment) Regulations (Northern Ireland) 2017These regulations update the Air Quality Standards (Northern Ireland) 2010.
The Air Quality Standards Regulations 2010

The Air Quality Regulations (Scotland) Regulations 2010

The Air Quality Regulations (Wales) Regulations 2010

The Air Quality Standards Regulations (Northern Ireland) 2010		The National Air Quality Strategy is implemented in the UK through the following Regulations:

  • The Air Quality Standards Regulations 2010;

  • The Air Quality Regulations (Wales) Regulations 2010;

  • The Air Quality Regulations (Scotland) Regulations 2010; and

  • The Air Quality Standards Regulations (Northern Ireland) 2010.


These regulations prescribe air quality objectives for a range of common air pollutants and set out the requirements for Local Authorities to follow in order to achieve these objectives.
The Building Regulations &c. (Amendment) Regulations 2016These Regulations amend the Building Regulations 2010 and the Approved Documents apply in relation to building work carried out in England and also apply to building work on excepted energy buildings in Wales. In addition, the amendments to the Energy Performance of Buildings (England and Wales) Regulations 2012 and the Party Wall etc. Act 1996 apply in England and Wales. These Regulations come into force on 6th April 2016, except regulation 2(19)(b) which comes into force on 1st May 2016.
The Building (Energy Performance of Buildings) (Scotland) Amendment Regulations 2016These Regulations entered into force on 13 March 2016 and amend the Building (Scotland) Regulations SSI 2004/406. Updating text relating to the inspection requirements of air-conditioning systems in buildings and nearly zero-energy buildings, necessary in implementing Directive 2010/31/EU, on the energy performance of buildings.
The Carbon Accounting (2013–2017 Budgetary Period) Regulations 2015These regulations introduce a carbon accounting system which will be used to monitor compliance with the targets for reducing greenhouse gas emissions introduced by the Climate Change Act 2008, covering the period between 2013 to 2017. The system is compatible with the existing EU ETS trading system. These came into force on 24th March 2015.
The Carbon Accounting Regulations 2009These Regulations came into force on 31 May 2009 and apply to England, Scotland, Wales and Northern Ireland. They introduced the carbon accounting system that will be used to monitor compliance with the targets for reducing greenhouse gas emissions introduced by Part 1 of the Climate Change Act 2008. These regulations were amended by the Carbon Accounting (Provision for 2018) Regulations 2020 which came into force on 28 February 2020. This amendment includes implementing a provision to account for credits and debits to the new UK carbon account.

These regulations were further amended by the Carbon Accounting (Provision for 2019) Regulations 2021 which came into force in March 2021. They place a duty on the Secretary of State to register the carbon units credited and debited from the net UK carbon account and also update the Carbon Accounting (Provision for 2018) Regulations 2020 to account for credits and debits to the UK carbon account for the operation of EU ETS and domestic aviation for the second year (2019) for the third carbon budget period (2018 -2022). It also requires that the Secretary of State cancel any purchased carbon units by the end of the third budgetary period in respect of 2019.

A further amendment was also made in 2022 by The Carbon Accounting (Provision for 2020) Regulations 2022 which updates the carbon accounting system requirements for 2020, (the third year of the carbon budget period between 2018 – 2022) used to monitor compliance with targets for reducing greenhouse gas emissions introduced by the Climate Change Act 2008.  
The Carbon Accounting Scheme (Scotland) Regulations 2010These regulations set up a scheme for carbon accounting to monitor compliance with the targets for reducing greenhouse gas emissions which were initiated by the Climate Change (Annual Targets) (Scotland) Order 2010.These Regulations have been amended by:
The Community Emissions Trading Scheme (Allocation of Allowances for Payment) Regulations 2012These Regulations came into force on 14 November 2012. They make provision in relation to the auction process for allocating Community tradable emissions allowances in the UK under the European Union Emissions Trading Scheme (EU ETS).
The Climate Change Agreements (Administration) (Amendment) Regulations 2014These Regulations came into force on 28 November 2014 and apply to England, Scotland, Wales and Northern Ireland; amending the Climate Change Agreements (Administration) Regulations SI 2012/1976.
The Climate Change (Nitrogen Balance Sheet) (Scotland) Regulations 2022These Regulations came into force on 11 March 2022 and apply to Scotland only.

They are made in accordance with the Climate Change (Scotland) Act 2009 and establish a Scottish Nitrogen Balance Sheet, bringing together evidence relating to flows of nitrogen across Scotland. The Nitrogen Balance Sheet will incorporate all major nitrogen flows including those related to business and industrial process, energy, transport and waste management, in addition to agriculture, aquaculture and forestry.  This will enable the Scottish Government to track how efficiently nitrogen is used and will help to reach national climate change targets with regards to reducing nitrous oxide greenhouse gases.
The Emissions Performance Standard Regulations 2015These regulations came into force in 2015 and implement the Energy Act 2013 to establish a monitoring and enforcement regime. The Emissions Performance Standard sets a limit of 540 g CO2 / kWh until 2044 on operators of fossil fuel plant consented on or after 18 February 2014. It places a duty on operators to submit an emissions limit notification to Environment Agency if a greenhouse gas emissions permit was issued or varied on or after 25 March 2015 and requires for an annual emissions notification if the CO2 emissions are reported via a verified Greenhouse Gas Emissions Report. These regulations were amended by the Emissions Performance Standard (Amendment) Regulations 2022 to update references that previously referred to legislation that implemented the EU Emissions Trading Scheme in the UK.
The Emissions Performance Standard Monitoring and Enforcement Regulations (Northern Ireland) 2016These Regulations came into force on the 15th March 2016 and apply only to Northern Ireland. They apply the monitoring and enforcement arrangements for emission performance for Northern Ireland.
The Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008 (as amended)This Regulation implements Directive 2009/91/EC in Northern Ireland only. The Regulations require the production of energy performance certificates when buildings are sold or rented, and sets out the requirements for the certificate. The 2008 regulations came into force on 30 June 2008, and have since been amended in 2009, 2013 and 2014. The amendments require the addition of technically feasible, cost effective recommendation in the Energy Performance Certificate. the latest amendment came into force on 25 February 2014.
The Energy Performance of Buildings (England and Wales) Regulations 2012 (as amended)These Regulations consolidate the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 with subsequent amendments since the 2007 Regulations came into force. The Regulations require the production of energy performance certificates when buildings are sold or rented, and sets out the requirements for the certificate. The 2012 regulations came into force on 9 January 2013, and have since been amended in 2013 and 2015. The latest amendment came into force on 6 April 2015 and apply to England and Wales only.
The Energy Performance of Buildings (Scotland) Regulations 2008 (as amended)This Regulation implements Directive 2009/91/EC in Scotland only. The Regulations require the production of energy performance certificates when buildings are sold or rented, and sets out the requirements for the certificate. The 2008 regulations came into force on 4 January 2009, and have since been amended twice in 2012, and again in 2013. The amendments make it mandatory for buyers and tenants to be shown Energy Performance Certificates, as well as requiring further information to be included on the certificates. The latest amendment came into force on 27 January 2013.
The Energy Performance of Buildings (Scotland) Amendment Regulations 2015Cited as the Energy Performance of Buildings (Scotland) Amendment Regulations 2015, these Regulations came into force on 19 December 2015 and amend the Energy Performance of Buildings (Scotland) Regulations SSI 2008/309.
The Energy Saving Opportunity Scheme Regulations 2014The Energy Saving Opportunity Scheme (ESOS) is an energy assessment and energy saving scheme established by the ESOS Regulations 2014. The scheme applies to large undertakings and groups containing large undertakings in the UK. Guidance on who is required to comply, and how to comply with ESOS has been published by the Environment Agency. The ESOS Regulations 2014 were amended by Energy Savings Opportunity Scheme (Amendment) Regulations 2023 to enhance and standardise ESOS reporting requirements. This amendment extends the deadline for the compliance notification out to 5 June 2024 and requires for additional information to be provided (see Schedule 3 of the regulations).
The Environment (Wales) Act 2016 (Amendment of 2050 Emissions Target) Regulations 2021This regulation amends the Environment (Wales) Act 2016 by amending the target for emissions reductions in Wales for 2050 from 80% lower than the baseline to 100% lower than the baseline. Accordingly, the Climate Change (Carbon Budgets) (Wales) Regulations SI 2018/1303 were amended by the Climate Change (Carbon Budgets) (Wales) (Amendment) Regulations 2021 to reduce the carbon budget from 23% lower than the 1990 baseline for the budgetary period from 2016 – 2020 to 37% lower than the 1990 baseline for 2021 – 2025. Similarly, the Climate Change (Interim Emissions Targets) (Wales) Regulations 2018 was amended by the Climate Change (Interim Emissions Targets) (Wales) (Amendment) Regulations 2021 to increase the 2030 and 2040 interim emissions targets to be 67% and 80% of the 1990 baseline, respectively.
The Environmental Permitting (England and Wales) (Amendment) Regulations 2015The 2015 amendment regulation are the latest amendment to the original Environmental Permitting (England and Wales) Regulations 2010, which have been amended a number of times during this period. The regulations were amended to include the requirements of the industrial emissions directive. These regulations came into force on the 21 March 2015 and extend to England and Wales only. An England only amendment came into force on the 6 April 2015, the Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2015, giving the Environment Agency the power to accept enforcement undertakings for non-compliance with certain offences under those Regulations. The Environmental Permitting regulations cover onshore air emission activities in England and Wales.
The Fluorinated Greenhouse Gases Regulations 2015These regulations, which came into force on the 19 March 2015, implement the requirements of Regulation (EU) No 517/2014 of the European Parliament, revoking the Fluorinated Greenhouse Gas Regulations 2009. The regulations cover certification of equipment such as refrigeration and fire protection and fluorinated gas (f-gas) based solvents. Creates offences and penalties for not complying with recovery of f-gases legislation, labelling, qualifications and certificates required to work with products or equipment containing them. The Regulations ban the manufacture and use of certain F-Gases and provide a time period for these to be phased out.
The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021This legislation came into force in May 2021 and establishes the UK’s Kyoto Protocol registry. The UK’s Kyoto Protocol will now be maintained separately from the EU’s.
The Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021These regulations came into force on 22 April 2021. The regulations include provisions for the auctioning of emissions allowances to emit 1 tonne or carbon dioxide equivalent under the UK ETS. The regulations were made under the Finance Act 2020 which include provisions for regulations to be made for emissions allowances in exchange for payment.

These regulations include the rules covering auctions and secondary markets for emissions allowances. The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 were produced alongside these regulations and create an oversight role for the Financial Conduct Authority within the UK ETS.

The Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021 were amended by The Greenhouse Gas Emissions Trading Scheme Auctioning (Amendment) (No. 2) Regulations 2021 by correcting errors within the regulations. The Greenhouse Gas Emissions Trading Scheme Auctioning (Amendment) Regulations 2023 amend the regulations to reduce the number of carbon allowances auctioned from 2024.

The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2024 amends this regulation to move the application window for free allocation of allowances under the UK ETS scheme back by one year to April – June 2025.
The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory (Amendment) Regulations 2014The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory (Amendment) Regulations 2014 come into force on 1 February 2015.
The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory Regulations 2005These regulations came into force on 13 Nov 2005 and apply to England, Scotland, Wales and Northern Ireland. They originally provided the Secretary of State power to carry out obligations under Decision 2004/280/EC which was repealed and revoked by Regulation (EU) 525/2013 . These powers have been transferred to the Environment Agency and Natural Resource Wales. These regulations also implement provisions regarding the UK emissions trading registry.
These regulations have been most recently amended by Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 and Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory (Amendment) Regulations 2014.
The Greenhouse Gas Emissions Trading Scheme Order 2020These regulations establish the UK Greenhouse Gas ETS that will be effective from 1 January 2021. This order was amended by the Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2021 to amend the monitoring and reporting rules for process emissions and to implement other provisions for smaller installations. The Greenhouse Gas Emissions Trading Scheme Order 2020 was further amended by the Greenhouse Gas Emissions Treading Scheme (Amendment) Order 2022 by adding provisions relating to non-compliance. The provisions include allowing inspection of premises to ensure compliance by an authorised person as well as the regulator, establishing an offence for intentionally obstructing those using their rights to enter a premises and establish a penalty for those who fail to comply with a notice to return allowances. It also implements a provision that when a permit is surrendered or revoked, the deficit of allowances from previous scheme years must be surrendered.

The Greenhouse Gas Emissions Trading Scheme was further amended in 2022 by Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022. This order excludes the 2020 COVID pandemic year in the calculation of activity levels in enabling free allocation to installations and allows for the relevant UK ETS authority to create a flexible share of allowances in addition to the annual cap. Other minor corrections to the Greenhouse Gas Emissions Trading Scheme are also implemented by this order.

As the 2020 COVID-impacted scheme year was used in the calculation of change in activity levels for 2021, the Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2023 allows for operators whose free allocation of allowances was reduced by 2021 activity level changes process to apply for the allocation to be redetermined.
The Greenhouse Gas Emissions Trading Scheme Regulations 2012These regulations apply to England, Scotland, Wales and Northern Ireland and implement Directive 2003/87/EC. In addition to this, following on from Directive 2009/29/EC being established, these regulations consolidate all previous sets of implementing regulations and require all operators under the EU ETS to monitor and report their emissions each year. These regulations have been amended several times. The most recent amendment was The Greenhouse Gas Emissions Trading Scheme (Amendment No.3) Regulations 2019. These regulations came into force on 21 November 2019 and implement changes in the EU Emission Trading Scheme for phase for of the Emissions Cycle which will run from 2021 – 2030. In addition to this, the Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2020 amended this 2019 amendment by correcting errors and making additional amendments as a consequence of those errors.
The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) and the Port State Control (Amendment) Regulations SI 2017These regulations apply in England, Wales, Scotland and Northern Ireland and create a system for monitoring and reporting carbon dioxide emissions from ships and reporting other information at national and EU level. This is in accordance with Regulation (EU) 2015/757.
The Merchant Shipping (Prevention of Air Pollution from Ships) and Motor Fuel (Composition and Content) (Amendment) Regulations 2014Amendment of the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 which came into force on 16 December 2014.
The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 implement Annex VI in the UK. Some aspects of Annex VI are already in place including requirement for marine fuel oil suppliers to be registered and limits set on NOx emissions from marine diesel engines (including those on offshore installations). These Regulations came into force on 8 December 2008. These regulations were amended by The Merchant Shipping (Prevention of Air Pollution from Ships) (Miscellaneous Amendments) Regulations 2019 to introduce a provision for the requirement for ships > 400 gross tonnes to obtain an IEE certificate. The 2008 regulations were further amended by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021, to implement limits on sulphur in fuels (0.5% by mass or less) and a requirement for all new engines to meet the latest NOx emission standards.

The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 amends these regulations to implement changes made to Annex VI of the MARPOL Convention, including those related to energy efficiency and carbon intensity of ships.

Guidance on the Sulphur Oxide requirements under this legislation are available in MGN 400 (M+F) Amendment 1: Additional guidance on the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 as amended by the Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010.
The National Emission Ceilings Regulations 2018These regulations set national ceilings and a requirement for the development of a reduction programme for sulphur dioxide, nitrogen oxides, volatile organic compounds, ammonia and fine particulate matter in the UK.
The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 The Offshore Pollution Prevention and Control (PPC) Regulations 2013 transpose the relevant provisions of the Industrial Emissions Directive 2010/75/EU in respect to specific atmospheric pollutants from combustion installations with a thermal capacity rating in excess of 50 MW on offshore platforms undertaking oil and gas production and gas and CO2 unloading and storage. In this context, the obligations of the Offshore PPC Regulations 2013 on the offshore oil and gas industry basically mirror those of the Offshore Combustion Installations PPC Regulations 2001 (as amended), which ceased to apply after 07 January 2014. This Instrument came into effect on 19 May 2013.
The Ozone-Depleting Substances Regulations 2015 These Regulations provide for the enforcement of EC Regulation 1005/2009 on substances that delete the ozone layer (as amended). The Regulations may be cited as the Ozone-Depleting Substances Regulations 2015 and came into force on 7 March 2015. These Regulations replace and consolidate the Ozone-Depleting Substances (Qualifications) Regulations 2009 and the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2011.
The Petroleum (Current Model Clauses) Order 1999An objective of the Petroleum Act 1998 is to conserve gas, a finite energy resource, by avoiding unnecessary wastage during the production of hydrocarbons from the UKCS. The actual Model Clause may vary depending on when the Block Licence was granted, but in recent licences flaring is covered by Paragraph 3 of Model Clause 21, and this states that the Licensee that not flare any gas from the licensed area or use gas for gas lift except with written consent. This Order came into effect on 15 February 1999.
The Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 These Regulations consolidate with amendments the provisions of the Petroleum (Production) Regulations 1982 (as amended) in relation to (a) applications to the Secretary of State for petroleum production licences in respect of seaward areas and (b) applications to the Secretary of State for petroleum exploration licences in respect of seaward areas and landward areas below the low water line. Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 entered into force on 5 March 2004. Petroleum Licensing (Production) (Seaward Areas) Regulation 2008 entered into force on 6 April 2008.
The Petroleum Licensing (Production) (Seaward Areas) Regulations 2008These Regulations consolidate with amendments the provisions of the Petroleum (Production) Regulations 1982 (as amended) in relation to (a) applications to the Secretary of State for petroleum production licences in respect of seaward areas and (b) applications to the Secretary of State for petroleum exploration licences in respect of seaward areas and landward areas below the low water line. Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 entered into force on 5 March 2004. Petroleum Licensing (Production) (Seaward Areas) Regulation 2008 entered into force on 6 April 2008.
The Pollution Prevention and Control (Industrial Emissions) (Amendment) Regulations (Northern Ireland) 2014Amends the Pollution Prevention and Control (PPC) (Industrial Emissions) Regulations (Northern Ireland) 2013. The 2013 regulations came into force on the 20 June 2013. With the 2014 amendment coming into force on the 10 December 2014. these regulations extend to Northern Ireland only. The PPC regulations cover onshore air emission activities in Northern Ireland.
The Pollution Prevention and Control (Scotland) Regulations 2012The Pollution Prevention and Control (PPC) (Scotland) Regulations set out a system to control pollution from any installation or mobile plant carrying out specified activities through permits, inspections and control of emissions. The regulation covers the inclusion of best available techniques (BAT). These regulations came into force on 7 January 2013 and extend to Scotland only. The PPC regulations cover onshore air emission activities in Scotland.
The REACH etc (Amendment) Regulations 2021These Regulations came into force on 30 September 2021 and apply to England, Wales, Scotland and Northern Ireland. They amend Retained Regulation 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (UK REACH) to ensure that the legislation operates effectively in the UK context.
The Sulphur Content of Liquid Fuels (Amendment) Regulations (Northern Ireland) 2014This Regulation implements Directive 1999/32/EC in the UK setting maximum sulphur content for fuel including heavy fuel oil and gas oil including marine fuel. This Regulation replaced the 2000 and came into force on 31 May 2007 and is applicable to Northern Ireland only. The 2007 regulations were amended in 2014 in accordance with regulations 3 to 8. The 2014 amendment came into force on 18 June 2014.
The Sulphur Content of Liquid Fuels (England and Wales) (Amendment) Regulations 2014This Regulation implements Directive 1999/32/EC in the UK setting maximum sulphur content for fuel including heavy fuel oil and gas oil including marine fuel. This Regulation came into force on 16 February 2007 and is applicable to England and Wales only. The 2007 regulations were amended in 2014 in accordance with regulations 3 to 9. The 2014 amendment came into force on 29 August 2014.
The Sulphur Content of Liquid Fuels (Scotland) Regulations 2014This Regulation implements Directive 1999/32/EC in the UK setting maximum sulphur content for fuel including heavy fuel oil and gas oil including marine fuel. This Regulation replaced the 2000 and came into force on 13 November 2014 and is applicable to Scotland only.





International

Decision 2015/1534/EU on the position to be adopted on behalf of the European Union at the International Maritime Organization during the 68th session of the Marine Environment Protection Committee and the 95th session of the Maritime Safety Committee on the adoption of amendments to MARPOL, SOLAS and the 2009 Guidelines for exhaust gas cleaning systems.This Decision sets out adoption of amendments to MARPOL, SOLAS and the 2009 Guidelines for exhaust gas cleaning systems.
Geneva Convention on Long-Range Transboundary Air Pollution 1979 and its protocolsThe Convention on Long-range Transboundary Air Pollution has addressed some of the major environmental problems of the United Nations Economic Commission for Europe (UNECE) region through scientific collaboration and policy negotiation since 1979. Signed in 1979 it entered into force in 1983. Since implementation, the Convention has been extended by eight protocols that identify specific measures to be taken by operators to cut their air emission pollutants.

The Protocol to Abate Acidification, Eutrophication and Ground level Ozone under this convention has been amended several times. The first amendments were accepted in the EU through Decision (EU) 2017/1757. The EU accepts another amendment to this protocol, proposed by the United States of America through Decision (EU) 2019/2207. This extends the timescale for this protocol from 2019 to 2024 to 2022 to 2030.
MARPOL 73/78 Annex VI - Prevention of Air Pollution from Ships Annex VIAnnex VI is concerned with the control of emissions of ozone depleting substances, NOx, SOx, and VOCs and require ships (including platforms and drilling rigs) to be issued with an International Air Pollution Certificate following survey. There are a number of exclusions and exemptions, which limits the applicability of Annex VI to offshore oil and gas operations. Note: MARPOL 73/78 also defines a ship to include "floating craft and fixed or floating platforms" and these are required where appropriate to comply with the requirements similar to those set out for vessels. Entered into force on 19 May 2005 and a revised Annex VI was adopted in October 2008 which entered into force on 1 July 2010. The amendments to MARPOL Annex VI Regulations for the prevention of air pollution from ships, which entered into force on 1 January 2013, add a new chapter 4 to Annex VI on Regulations on energy efficiency for ships to make mandatory the Energy Efficiency Design Index (EEDI), for new ships, and the Ship Energy Efficiency Management Plan (SEEMP) for all ships. The main changes to the MARPOL Annex VI will see a progressive reduction in sulphur oxide (SOx) emissions from ships. The limits applicable to Sulphur Emissions Control Areas (which the UK is part) have been reduced to 0.10%, which came into effect on the 1st January 2015. Amendments to Regulation 13 of Annex VI, which came into force on the 1 September 2015, provide for the Tier III NOx standards to be applied to a marine diesel engine that is installed on a ship constructed after 1 January 2016 and which operates in emission control areas. On 1 September 2015 amendments were made to Annex VI concerning the extension of the application of Energy Efficiency Design Index (EEDI).

During the Marine Environment Protection Committee (MEPC), 71st session 3-7 July 2017 , a number of further amendments occurred to MARPOL Annex VI. These included Amendments to designate the North Sea and the Baltic Sea as emission control areas (ECAs) for nitrogen oxides (NOX) under regulation 13 of MARPOL Annex VI. Both ECAs will take effect on 1 January 2021.
Montreal Protocol 1987

This Protocol which entered into force on 1 January 1989, required several EC Regulations to underpin the system to control and monitor use of Ozone Depleting Substances (ODS) and other greenhouse gases (see Ozone Depleting Substances Regulations 2015). On 1 January 2015 Regulation (EC) 842/2006 revoked by Regulation (EU) 517/2014 on fluorinated greenhouse gases. Regulation 517/2014 on fluorinated greenhouse gases, published on the 20 June 2014, aims to protect the environment by reducing emissions of fluorinated greenhouse gases. The Regulation includes new rules on the containment, use, recovery and destruction of fluorinated greenhouse gases, and on related support measures and sets out conditions for specific use of fluorinated greenhouse gases.
UN-ECE Protocol on Pollutant Release and Transfer Registers (PRTR)

As per EC Directive 93/389. The Protocol became international law binding its Parties on 8 October 2009. As of 7 January 2014, the Protocol has been ratified by 32 countries and the European Union.
United Nations Framework Convention on Climate Change 1992 (Rio Convention) and its protocols (e.g. Kyoto Protocol)The UN Framework Convention on Climate Change of 1992, which entered into force on 21 March 1994, is an international agreement linked to the United Nations Framework Convention on Climate Change, which led to the Kyoto Protocol (1997) being adopted. The major feature of the Kyoto Protocol is that it sets binding targets for 37 industrialized countries and the European community for reducing greenhouse gas (GHG) emissions. These amount to an average of five per cent against 1990 levels over the five-year period 2008-2012. The major distinction between the Protocol and the Convention is that while the Convention encouraged industrialised countries to stabilize GHG emissions, the Protocol commits them to do so.

EU

For updated legislation following Brexit, please refer to the pdf document downloadable from the Environmental Legislation Page.

UK

Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020This Act received Royal Assent on 21 July 2020 and applies in Scotland only. It provides stricter protection and enforcement for offences against animal welfare by introducing or removing regulations in current active legislative regulations and acts.
Countryside and Rights of Way (CRoW) Act 2000The Act of 2000, which received Royal Assent on 30 November 2000, making new provisions for public access to the countryside, to amend the law relating to public rights of way, to enable traffic regulation orders to be made for the purpose of conserving an area’s natural beauty, to make provisions with respect to the driving of mechanically propelled vehicles elsewhere than on roads, to amend the law relating to nature conservation and the protection of wildlife, to make further provision with respect to, areas of outstanding natural beauty, and for connected purposes.
Environment (Wales) Act 2016This Act became law on the 2nd February 2016 and applies to Wales only. It includes responsibilities on various topics including the management of natural resources, climate change, collection and disposal of waste, and marine licensing are detailed by this act and mechanisms for the National Assembly of Wales are established. This Act was amended by the Environment (Wales) Act 2016 (Amendment of 2050 Emissions Target) Regulations 2021 to amend the target for emissions reductions in Wales for 2050 from 80% lower than the baseline to 100% lower than the baseline.
Natural Environment and Rural Communities Act 2006 (England and Wales)This Natural Environment and Rural Communities Act 2006 (England and Wales only), came into force on 1 Oct 2006, made provision about bodies concerned with the natural environment and rural communities; to make provision in connection with wildlife, SSSIs, National Parks and the Broads; to amend the law relating to rights of way; to make provision as to the Inland Waterways Amenity Advisory Council; to provide for flexible administrative arrangements in connection with functions relating to the environment and rural affairs and certain other functions; and for connected purposes.
Scotland’s National Marine PlanThe National Marine Plan was adopted on 25 March 2015 and laid before Parliament on 27 March 2015. This Plan covers the management of both Scottish inshore waters (out to 12 nautical miles) and offshore waters (12 to 200 nautical miles). It also applies to the exercise of both reserved and devolved functions. This Plan has been prepared in accordance with the EU Directive 2014/89/EU which came into force in July 2014.
The Conservation (Natural Habitats, &c) Regulations (Northern Ireland) 1995The 1995 Regulations (and resulting amendments) implement the EC Habitat Directive within Northern Ireland. The 2012 amendment is the latest update to The Conservation (Natural Habitats, &c) Regulations (Northern Ireland) 1995, which came into force on the 29 October 2012 and applies to Northern Ireland only.
The Conservation (Natural Habitats &c.) Regulations 1994 (as amended)The 1994 Regulations (as amended) implement the species protection requirements of the Habitat Directive in Scotland (only) on land and inshore waters (0-12 nautical miles). There have been several amendments to the regulations which apply to Scotland only. Thus the Scottish Regulations do not mirror the 2010 Regulations (The Conservation of Species and Habitats Regulation 2010), which apply to England and Wales only.
These regulations were recently amended The Conservation (Natural Habitats, &c.) Amendment (No. 2) (Scotland) Regulations 2019. This amendment adds a provision for Scottish ministers establishing and maintaining designated sites and sets out which existing marine licenses are not subject to review in an area which is becoming a designated site.
The Conservation (Natural Habitats, & c.) Regulations 1994 was previously amended in Scotland by:
The Conservation of Habitats and Species Regulations 2017These regulations replace the Conservation of Habitats and Species Regulations 2010 which are revoked. This is to consolidate the numerous amendments that have been made to the Regulations. Several amendments have also been made. These Regulations are relevant to England and Wales.
The Conservation of Offshore Marine Habitats and Species Regulations 2017These Regulations consolidate the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 with subsequent amending instruments and make minor modifications reflecting changes to related legislation.
The Environmental Damage (Prevention and Remediation) (England) Regulations 2015These regulations apply to England only and came into force on 19 July 2015. These regulations require operators performing certain activities which could have an effect on emissions and pollution. This includes certain activities involved in energy industry installations. This was amended by The Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2019. This amendment requires that all enforcing authorities report any environmental damage to the Secretary of state.
The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 These regulations apply to Wales only and implement provisions to prevent environmental damage. This includes the responsibilities of operators to remediate any environmental damage caused and notify the appropriate enforcing authority. This was amended by Environmental Damage (Prevention and Remediation) (Wales) (Amendment) No. 2) Regulations 2015: This amended:

  • the definition of ‘natural habitat’ (regulation 2(1));

  • updated references to legislation under which damage to protected species and natural habitats (Schedule 2); and

  • adds that damage on a site of special scientific interest (Schedule 1), can be authorised.


In addition to this, these regulations were amended by The Rural Affairs and Environment (Miscellaneous Amendments) (Wales) Regulations 2019. From this amendment, an enforcing authority must notify the Welsh Ministers of an operator that is liable for causing environmental damage.
The Environmental Permitting (England and Wales) Regulations 2016These regulations outline the environmental permits that are required for industrial and waste activities which could harm human health or the environment. They replace and revoke several previous versions of these regulations which had been amended several times.
The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015This regulation entered into force on the 12th November 2015, under the Regulatory Reform (Scotland) Act 2014 which aims to introduce various measures to improve the way legislation is developed and applied throughout Scotland. These regulations enable SEPA to impose enforcement measures in relation to certain offences listed in Schedule 4 of this regulation (e.g. harmful deposition of waste).
The Environmental Targets (Biodiversity) (England) Regulations 2023This legislation has been made under the Environment Act 2021 and sets legally binding targets for biodiversity in England, including out to the territorial sea (12 nm from shore). These Regulation set 2030 species abundance targets and longer term abundance, species extinction and habitat targets for 2042.
The Environmental Targets (Marine Protected Areas) Regulations 2023This legislation has been made under the Environment Act 2021 and sets legally binding targets for marine protected areas in England and Wales (inshore and offshore region). These Regulation set a target for at least 70% of protected features in MPAs to achieve favourable condition by the end of 2042, with the remainder of protected features to be in recovering condition.
The Invasive Alien Species (Enforcement and Permitting) Order 2019These regulations apply to the UK and outline enforcements to regulate activities involving invasive species present on the list in Regulation (EU) 1143/2014 on the prevention and management of the introduction and spread of invasive alien species. This includes when involvement with invasive species is either permitted or prohibited. This will come into force on 1 October 2019.
The Invasive Alien Species (Enforcement and Permitting) Order (Northern Ireland) 2019This order will come into force on the 1 December 2019. It applies to Northern Ireland only and outlines the restrictions on activities involving species on the list of Union concern and the consequences for disobeying these restrictions.
The Marine (Scotland) Act 2010This piece of legislation provides the legal mechanism to help ensure clean, healthy, safe, productive and biologically diverse marine and coastal environments, managed to meet the long term needs of both nature and people, by putting in place a new system for improved management and protection of the marine and coastal environment. Amongst other powers, from 2010, the Legislation enables Scottish Ministers to designate a range of Marine Protected Areas (MPAs) across Scottish territorial waters: of most relevance to the biodiversity agenda will be the Nature Conservation MPAs – for the conservation of Scotland’s most important marine biodiversity and geodiversity features. The Marine Scotland Act received Royal Assent on 10 March 2010.
The Marine (Scotland) Act 2010 (Consequential Provisions) Order 2010This legislation extends the requirement for public authorities to make decisions in accordance with marine plans and also allows Scottish Marine Enforcement Officers to exercise powers outside the Scottish Marine Area. This Order entered into service on 31 December 2010.
The Nature Conservation Act (Scotland) 2004An Act of the Scottish Parliament making provision in relation to the conservation of biodiversity, to make further provisions in relation to the conservation and enhancement of Scotland’s natural beauty, to amend the law relating to the protection of certain birds, animals and plants, and for connected purposes which received Royal Assent on 11 June 2004.
The Offshore Petroleum Activities (Conservation Habitats) Regulations 2001 and The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007The 2001 Regulations of the same name applies the Habitats Directive and the Wild Birds Directive in relation to oil and gas plans and projects wholly or partially on the UK continental shelf and adjacent waters outside territorial waters (UKCS). Any plan or project which that would be likely to have a significant effect on a designated site must be subject to Habitats Regulatory Assessment of its implications for the site’s conservation objectives. The 2001 Regulations came into force on the 31 May 2001. The 2007 amendment to the 2001 Regulations extended the requirement for obtaining consent for carrying out geological surveys in the UKCS, this includes prior consent before testing the equipment required to undertake these surveys in relations to oil and gas activities. The 2007 Amendment entered into force on 18 February 2007.
The Protection of Badgers Act (1992)An Act to consolidate the Badgers Act 1973, the Badgers Act 1991 and the Badgers (Further Protection) Act 1991 which came into force in 1992.
The Protection of Seals (Designation of Haul-Out Sites) (Scotland) Order 2014This Order designates areas as seal haul out sites in relation to section 117 of the Marine (Scotland) Act 2010. Harassment of seals at a seal haul out is an offence under section 117 of the Marine (Scotland) Act 2010. Guidance on what constitutes as an offence under the Marine (Scotland) Act 2010 is available here. The Protection of Seals (Designation of Haul-Out Sites) (Scotland) Amendment Order 2017 designates an additional seal haul out site at the Ythan Estuary.
The Scottish Marine Regions Order 2015Came into force on the 13th May 2015. This Order which is made under section 5 of the Marine (Scotland) Act 2010, makes provision in connection with Scottish marine regions. They are areas for which Scottish Ministers may prepare and adopt a regional marine plan.
The UK Post-2010 Biodiversity FrameworkFollowing the establishment of devolved governments in Scotland, Wales and Northern Ireland in 1998, responsibility for the environment and biodiversity is primarily at the country level. The country strategies for biodiversity and the environment in each of the four countries of the UK underpin the 'UK Post-2010 Biodiversity Framework', published in July 2012, which supersedes The UK Biodiversity Action Plan (UKBAP) 1994. The Framework covers the period from 2011 to 2020, and was developed in response to two main drivers: the Convention on Biological Diversity’s Strategic Plan for Biodiversity 2011-2020; and the EU Biodiversity Strategy.
Wildlife and Countryside Act 1981The Wildlife and Countryside Act received Royal Assent on 30 October 1981 and is supplemented by the Wildlife and Countryside (Service of Notices) Act 1985, which relates to notices served under the 1981 Act. The Act 1981 (as amended) provides the main piece of primary legislation making provision for nature conservation in the UK. A number of key amendments have been made to the 1981 Act, these are: Wildlife and Countryside (Amendment) Act 1985 and the Wildlife and Countryside (Amendment) Act 1991.
The most recent amendment to the act was The Conservation (Natural Habitats, & c.) Miscellaneous Amendments) (Scotland) Regulations 2019 . These regulations implement new provisions for the prevention and management of the introduction and spread of invasive species to adhere to EU Regulation 1143/2014.
Wildlife and Natural Environment (Scotland) Act 2011The Scottish Government introduced the Wildlife and Natural Environment (Scotland) Act in 2011 to make the law on wildlife and the natural environment more efficient, effective and proportionate. The Act which came into force on 7 April, supports sustainable economic activity, particularly in the countryside, and to preserve the natural environment for the benefit of the public and many rural businesses.





International

Convention on the Protection of the Marine Environment of the North East Atlantic 1992 (OSPAR Convention) The 1992 OSPAR Convention guides international cooperation on the protection of the marine environment of the North-East Atlantic. It provides for stringent measures to be adopted with respect to the prevention and elimination of marine pollution and the protection of the marine environment. Under the Convention the Offshore Oil and Gas Industry Strategy sets the objective of preventing and eliminating pollution and taking the necessary measures to protect the maritime area against the adverse effects of offshore activities so as to safeguard human health and of conserving marine ecosystems and, when practicable, restoring marine areas which have been adversely affected. Adoption of Annex V in 1998, saw the convention embrace a more holistic responsibility for environmental protection of the north east Atlantic, including its diverse biodiversity.  The OSPAR Convention entered into force on 25 March 1998.
International Convention on the Control of Harmful Anti-fouling Systems on Ships 2001This Convention included a control measure that ships must not apply or re-apply organotin compounds which act as biocides in anti-fouling systems from 1 January 2003. From 1 January 2008, all ships are required to either not have organotin systems on their hulls or external parts, or have a sealer coat to prevent it leaching out. The UK are in the process of accession to this Convention (see MIN 370 (M+F)).
OSPAR Decision 2000/3 on the Use of Organic-phase Drilling Fluids (OPF) and the Discharge of OPF-Contaminated CuttingsOSPAR Decision 2000/3 that came into effect on 16 January 2001 effectively eliminates the discharge of organic phase fluids (OPF) (oil based (OBM) or synthetic based (SBM) drilling fluids) or cuttings contaminated with these fluids. Use of OPF is still allowed provided total containment is operated. The use of diesel-oil-based drilling fluids is prohibited. The discharge of whole OPF to the sea is prohibited. The mixing of OPF with cuttings for the purpose of disposal is not acceptable. The discharge of cuttings contaminated with oil based fluids (OBF) (includes OBM and SBM) greater than 1% by weight on dry cuttings is prohibited. The use of OPF in the upper part of the well is prohibited. Exemptions may be granted by the national competent authority for geological or safety reasons. The discharge into the sea of cuttings contaminated with synthetic fluids will only be authorised in exceptional circumstances. Authorisations to be based on the application of BAT/BEP. Best Available Techniques described within the Decision include recycling, recovery and reuse of muds.
OSPAR Decision 2000/2 on a harmonised mandatory control system for the use and reduction of the discharge of offshore chemicals as amended by OSPAR Decision 2005/1This Decision entered into force on 16 January 2001 and superseded: PARCOM Decision 96/3 on a Harmonized Mandatory Control System for the Use and Reduction of the Discharge of Offshore Chemicals, and b. PARCOM Decision 97/1 on Substances/Preparations Used and Discharged Offshore.
OSPAR Recommendation 2010/3 on a Harmonised Offshore Chemical Notification Format (HOCNF)The purpose of the Harmonised Offshore Chemical Notification Format (HOCNF) is to provide authorities with data and information about chemicals to be used and discharged offshore, to enable the authorities to take the appropriate regulatory action in accordance with the scope of OSPAR Decision 2000/2. This Recommendation came into force on 1 January 2011 with the prospect of further review at a later date.
OSPAR Recommendation 2017/01 on a Harmonised Pre-Screening Scheme for Offshore ChemicalsPre-screening is necessary in allowing authorities to identify substances intended for use, or used in, offshore chemicals with the aim of substituting those substances which are hazardous for more environmentally friendly chemicals or components contained within. This Recommendation supersedes Recommendation 2016/4 with the prospect of further review at a later date.
OSPAR Recommendation 2006/3 on Environmental Goals for the Discharge by the Offshore Industry of Chemicals that are, or which contain Substances Identified as Candidates for SubstitutionThe OSPAR Convention (in particular Annex III) is the main driver for reductions in oily discharges to the North Sea. The UK as a contracting party to the Convention is therefore obliged to implement any Decisions and Recommendations made by the Commissions. Certain decisions made under the earlier Paris Convention also still stand. The purpose of this Recommendation is to set an environmental goal for the discharge of offshore chemicals that are, or which contain substances identified as candidates for substitution, in order to set a specific time-frame for moving towards the cessation of these discharges from offshore installations.

EU

For updated legislation following Brexit, please refer to the pdf document downloadable from the Environmental Legislation Page.

UK

Deposits in the Sea (Exemptions) Order 1985A licence is required under FEPA for any waste disposal in the sea or under the seabed. However, the Deposits in the Sea (Exemptions) Order 1985 exempts from FEPA licensing the deposit on site or under the seabed of; any chemicals, drill cuttings or drilling muds in the course of the drilling or production operation etc. This Order came into force on 1 January 1986.
Food and Environment Protection Act 1985 (FEPA)Initially coming into force in January 1986, the Food and Environmental Protection Act (FEPA), Part II Deposits in the Sea, used to cover the discharge or placement of substances or articles in the sea or on the seabed where the deposits could not be covered by other legislation. However, following the introduction of the licensing provisions of the Marine and Coastal Access Act 2009 (6 April 2011), it was dis-applied in English and Welsh waters and offshore waters adjacent to Scotland. FEPA Part II, however is still applicable to Scottish territorial waters, between the three nautical miles of Scottish controlled waters limit and the 12 nautical miles Scottish territorial sea limit, where DECC will remain the licensing authority. For activities within Scottish controlled waters, the Scottish Government is the licensing authority and the Marine (Scotland) Act 2010 is the relevant controlling legislation. The majority of offshore energy activities relating to oil and gas exploration/production and gas unloading and storage are controlled under the Petroleum Act 1998 (as amended) or the Energy Act 2008, and are specifically excluded from the marine licensing provisions of both the Marine and Coastal Access Act 2009 (MCAA) and the Marine (Scotland) Act 2010 (MSA).
Offshore Chemical Notification Scheme (OCNS)The Offshore Chemical Notification Scheme (OCNS), which originally came into force on 15 May 2002, manages chemical use and discharge by the UK and Netherlands offshore petroleum operators. The OCNS uses the OSPAR Harmonised Mandatory Control Scheme (HMCS) developed through OSPAR Decision 2002/2 and its supporting recommendations.
The Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations 2015These Regulations came fully into force on 1 June 2015 and apply to England, Scotland, Wales and Northern Ireland. Provisions relating to extent and amendments to the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 came into force on 31 May 2015. They amend various pieces of legislation arising from changes to the legislation at European level that regulates the classification, labelling and packaging of chemicals. Regulation (EC) 1272/2008 on classification, labelling and packaging of substances and mixtures comes fully into force on 1 June 2015, which has brought about the need for amendments.
The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000

The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000

The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) (Amendment) Regulations 2000		These regulations implement EC Directive 96/59/EC (16 September 1996) on the disposal of polychlorinated biphenyls and polychlorinated terphenyls in the UK - Scotland (8 May 2000) and England and Wales (4 May 2000). The England and Wales Amendment of 2000, came into force on 1 January 2001. Equipment containing PCBs is now required to be identified, registered, labelled and disposed of and decontaminated. The following substances are covered in the definition of PCBs, but only those containing substances in a total of more than 0.005% by weight (equivalent to 50 ppm): Polychlorinated Biphenyls (PCBs); Polychlorinated Terphenyls (PCT); Monomethyl-dibromo-diphenyl methane; Monomethyl-dichloro-diphenyl methane; and Monomethyl-tetrachlorodiphenyl methane.

The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) (Amendment) Regulations 2020 amend regulation 4 of the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000. They provide that Member States shall identify and remove from use equipment (e.g. transformers, capacitors or other receptacles containing liquid stocks) containing more than 0.005 % PCBs and volumes greater than 0.05 dm3, as soon as possible but no later than 31st December 2025.
The Merchant Shipping (Anti-Fouling Systems) Regulations 2009These Regulations ensure that the necessary enforcement provisions are in place in the UK to give effect to European Regulation (EC) No 782/2003 on the prohibition of organotin compounds on ships. This Regulation prohibits ships from having organotin compound based anti-fouling paints applied to their hulls or other external surfaces, and it establishes a survey and certification regime in relation to anti-fouling systems. These Regulations came into force on 1 December 2009. Marine Guidance Note 398 (M+F) provides guidance on the requirements of these regulations.
The Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009 These Regulations implement EU Directive 2005/35/EEC in ship-source pollution and on the introduction of penalties for infringement, through amendment of the 1996 NLS Regulations and the Merchant Shipping Act 1995. The Regulations limit the defences available to the master or owner of a ship involved in an oil spill or chemical spill and extend liability for the discharge to others such as charterers and classification societies. This closed a loop hole in the existing legislation where some large spills were not open to prosecution under MARPOL. These Regulations entered force on 1 July 2009.
The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 contain provisions to prevent the discharge of dangerous or noxious liquid substances in the sea, especially for ships carrying substances in bulk. These regulations implement Annex 2 of the International Convention for the Prevention of Pollution from Ships, 1973. These were amended by The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk and Prevention of Oil Pollution) (Amendment) Regulations 2021 to include amendments to the codes and guidelines that vessels should follow, clarify that the ban on discharging noxious liquid substances also refers to offshore support vessels and allow for a cargo record book to be in electronic format.
The Offshore Chemicals Regulations 2002The offshore Chemicals Regulations 2002 were originally established to implement OSPAR Decision 2000/2. The regulations establish the requirement for permits to be issued for the use and/or discharge of chemicals for oil and gas activities. The Offshore Chemicals (Amendment) Regulations came into force in March 2011 and clarify the status of accidental releases and the reporting procedure for PON1s. The key changes to the regulations are: clearer distinction and definition between intentional (operational) discharges and accidental releases. This will for example, clarify treatment of leaks, particularly in relation to “open” hydraulic fluid systems and the use of leak detection and leak sealant chemicals; a new Regulation 3A is included which prohibits any person from releasing an offshore chemical or allowing such a release to continue and to make the contravention of this provision an offence under Regulation 18 of the 2002 Regulations; the Regulations widen the circumstances in which a person can be prosecuted for emitting an offshore chemical so that an intentional emission (i.e. a discharge) will only be lawful if made within the terms and conditions attached to a permit, and any other emission (i.e. a release) will be unlawful; Regulation 7(b) amends Regulation 5(2)(d) so that conditions of permits can require necessary measure to be taken to prevent or limit the consequences of any incidents affecting the environment, not merely those arising by accident; Regulations 9(b) and 10(b)(ii) remove the requirements to consult the Centre for Environment Fisheries and Aquaculture Science, the Fisheries Research Service and states who are party to the OSPAR Convention in relation to the renewal or variation of a permit; Regulation 12 inserts a new Regulation 12a to establish a process for the transfer of a permit from one holder to another; Regulation 15 extends the circumstances in which a person may be required to provide information to the Secretary of State about the emission and use of offshore chemicals; Regulations 17 and 18 extend the circumstances in which enforcement and prohibition notices can be served to include any release of an offshore chemical or its use or discharge without a permit. Changes are also made to the period within which remedial steps are to be taken under an enforcement or prohibition notice. This aligns enforcement processes for OCR and OPPC (e.g. powers to prevent releases, enforcement notices, prohibition notices and offences); and Regulation 20 amends provision in relation to offences and makes a number of qualifications regarding defences.
The Offshore Installations (Emergency Pollution Control) Regulations 2002These Regulations, which came into force in 2002, give the Government power to intervene in the event of an incident involving an offshore installation where there is, or may be a risk of significant pollution, or where an operator has failed to implement proper control and preventative measures. These Regulations apply to chemical and oil spills.
The Persistent Organic Pollutants Regulations 2007These Regulations control the production and use of certain persistent organic pollutants (e.g. PCBs and PAHs). Requirements include controls on use and waste handling/disposal of products containing such components. Controls on use/discharge will be managed through the existing CEFAS registration scheme under the Offshore Chemical Regulations 2002. These Regulations came into force on 3 December 2007.
The Persistent Organic Pollutants (Various Amendments) Regulations 2019These regulations amend various pieces of legislation in accordance with Regulation (EU) 2019/1021 when it replaced Regulation (EC) 850/2004.
This legislation amends:
The REACH Enforcement Regulations 2008 as amended The REACH Enforcement Regulations 2008 provide the regulatory framework for the implementation of EU Regulation 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) in the UK. The UK REACH Regulations apply to all offshore installations but not ships.

EU Regulation 1907/2006 has been retained in the UK through the European (Withdrawal) Act 2018. The retained Regulation 1907/2006 was amended in the UK by The Reach etc. (Amendment) Regulations 2021 to ensure that it operates effectively in the UK.
The REACH (Amendment) Regulations 2023The REACH (Amendment) Regulations 2023 amend UK REACH Regulations, as per retained EU law, by extending the time required to submit information by a further three years, and also extend the statutory timelines for HSE to carry out compliance checks.





EU

For updated legislation following Brexit, please refer to the pdf document downloadable from the Environmental Legislation Page.

UK

Health and Safety at Work Act 1974The Health and Safety at Work, etc. Act 1974 is the primary piece of legislation covering occupational health and safety in Great Britain. The Bill came into force later that year.
The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013These regulations implement EU Regulation 1272/2008 on classification, labelling and packaging of substances and mixtures and appoint the UK Health and Safety Executive (HSE) and the Health and Safety Executive as the national authorities for the export and import of hazardous chemicals, under EU regulation 649/2021.
The Control of Major Accident Hazards (Amendment) Regulations 2015These Regulations came into force on 13 July 2015 and apply to England, Scotland and Wales. They correct an error in the text of the Control of Major Accident Hazards Regulations 2015.
The Control of Major Accident Hazards Regulations 2015The new Control of Major Accident Hazards (COMAH) Regulations came into force in the UK on 1 June 2015. The main COMAH requirements will not change but a number of important changes particularly on how dangerous substances are classified and information that has to be made available to the public will change as a result of the new regulations. For the first time, lower tier operators will have to provide public information about their site and its hazards. Both top tier (now referred to as upper tier) and lower tier operators will need to provide public information electronically and keep it up to date. The Regulations were updated in March 2017 to highlight that they do not include the transport of dangerous substances in pipelines, by road, rail, internal waterways, sea or air except where that activity takes place at a site which is an establishment despite that activity.
The Control Of Major Accident Hazards Regulations (Northern Ireland) 2015These regulations apply to Northern Ireland only and establish procedures with regard to the control of major accident hazards involving dangerous substances.
The Control of Substances Hazardous to Health Regulations 2002 (as amended)The Control of Substances Hazardous to Health (COSHH) Regulations 2002 are a health and safety regulations that are applicable to the environment with regards to chemical storage. COSHH is the law that requires employers to control substances that are hazardous to health. The COSHH Regulations 2002 came into force on 21 November 2002 and have since been amended in 2004, coming into force on 6 April 2005.
The Hazardous Waste Regulations (Northern Ireland) 2005 These regulations implement Directive 2008/98/EC. This places controls on the management and movement of hazardous waste as well as implementing reporting requirements for producers, holders and carriers of hazardous waste. This legislation was most recently amended by Hazardous Waste (Amendment No. 2) Regulations (Northern Ireland) 2015 which implements Commission Decision 2014/955/EU amending Decision 2000/532/EC on the list of waste. This amendment removes any reference to the Hazardous List of Wastes Regulations (Northern Ireland) 2005 which were revoked by this amendment.
The Offshore Installations (Offshore Safety Directive) (Safety Case, etc.) Regulations 2015The Offshore Installation (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 came into force on the 19 July 2015 replacing the 2005 Safety Case Regulations. The 2015 Regulations will implement the EC Directive on safety of offshore oil and gas operations 2013/30/EU. The EU has put Directive in place a set of rules to help prevent accidents, as well as respond promptly and efficiency should one occur. The 2015 Regulations provide for the preparation of safety cases for offshore installations and the notification of specified activities to the competent authority.

Guidance was published in July 2015 on the Offshore Installations (Offshore Safety Directive) (Safety Case etc) Regulations 2015.
The Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015They implement Directive 2013/30/EU, on safety of offshore oil and gas operations, and make provisions regarding offshore licenses and came into force on 19 July 2015. The Regulations implement the Offshore Safety Directives requirements relating to licensing and certain environmental matters relating to emergency response, and are produced by DECC.
The Planning (Control of Major Accident Hazards) (Scotland) Regulations 2000The Planning (Control of Major-Accident Hazards) (Scotland) Regulations 2000 came into force on 6 July 2000.
The Planning (Control of Major Accident Hazards) (Scotland) Regulations 2009These Regulations may be cited as the Planning (Control of Major–Accident Hazards) (Scotland) Regulations 2009 and come into force on 23 November 2009.
The Planning (Hazardous Substances) Act 1990Under these Regulations, if a site contains a hazardous substance on or under land above a specified quantity, then it is necessary to obtain consent from the hazardous substances authority. This Act came fully into force on 1 June 1992 and applies to England and Wales only.
The Planning (Hazardous Substances) (No.2) (Amendment) Regulations (Northern Ireland) 2016Applying to Northern Ireland only, these Regulations came into force on 9 May 2016 and amend the Planning (Hazardous Substances) (No. 2) Regulations (Northern Ireland) 2015 in order to specify that Defra must be consulted before an application for hazardous substance consent is determined.
The Planning (Hazardous Substances) Regulations 2015These Regulations (2015/627) which apply to England only amend planning procedures in relation to sites where hazardous substances are held and land near those sites. The amendments are required in order to implement the land-use planning aspects of Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances. These regulations also revoke The Planning (Hazardous Substances) Regulations 1992 and The Planning (Control of Major-Accident Hazards) Regulations 1999, and came into force on 1 June 2015.
The Planning (Hazardous Substances) Regulations (Northern Ireland) 2015The Planning (Hazardous Substances) Regulations (Northern Ireland) 2015 revoke the 1993 Regulations with the same name. The 2015 Regulations came in to force on 1 April 2015, and apply only to Northern Ireland.  The Regulations were implement aspects of Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances.
The Planning (Hazardous Substances) (Scotland) Act 1997An Act to consolidate certain enactments relating to special controls in respect of hazardous substances with amendments to give effect to recommendations of the Scottish Law Commission. The Act was introduced into Scottish law in 1997.
The Planning (Hazardous Substances) Wales Regulations 2015These Regulations came into force on 4 September 2015 and apply to Wales only.
They consolidate along with amendments, the Planning (Hazardous Substances) Regulations SI 1992/656, and include provisions for the determination period of procedures relating to applications to the Secretary of State and appeals against decisions under the Planning (Hazardous Substances) Act 1990.
These Regulations also implement the land-use aspects of Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances.
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)Requires the reporting of work related accidents, diseases and dangerous occurrences. It applies to all work activities but not to all incidents. These Regulations came into force on 1 October 2013.





International

Aarhus Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters 1998The Aarhus Convention was signed in June 1998 to grant the public rights regarding information access, public participation and access to justice, in governmental decision-making processes on matters concerning the local, national and transboundary environment; focusing on interactions between the public and public authorities. The Convention entered into force on 30 October 2001.
OSPAR Recommendation 2010/5 on the assessment of environmental impacts on threatened and/or declining speciesWhen assessments of environmental impacts of human activities that may affect the marine environment of the OSPAR maritime area are prepared, Contracting Parties should ensure they take account of the relevant species and habitats on the OSPAR List of threatened and/or declining species and habitats (OSPAR Agreement 2008-6). The Recommendation was implemented by means of administrative action.
Protocol on Strategic Environmental Assessment (Kyiv, 2003) The Kiev (SEA) Protocol, which entered into force on 11 July 2010, requires its Parties to evaluate the environmental consequences of their official draft plans and programmes. Strategic environmental assessment (SEA) is undertaken much earlier in the decision-making process than project environmental impact assessment (EIA), and it is therefore seen as a key tool for sustainable development. The Protocol also provides for extensive public participation in government decision-making in numerous development sectors.

EU

For updated legislation following Brexit, please refer to the pdf document downloadable from the Environmental Legislation Page.

UK

Data Protection Act 1998The Data Protection Act (DPA) 1998 seeks to strike a balance between the rights of individuals and the sometimes competing interests of those with legitimate reasons for using personal information. The DPA gives individuals certain rights regarding information held about them. It places obligations on those who process information (data controllers) while giving rights to those who are the subject of that data (data subjects). The 1998 DPA came into force early in 1999.
Environmental Assessment (Scotland) Act 2005 as amendedThese regulations apply to Scotland only and outline which developments require environmental assessments and the necessary procedures when producing an environmental report.
Freedom of Information (FOI) Act 2000The Freedom of Information Act 2000 gives the public a general right of access to information held by or on behalf of public authorities, promoting a culture of openness and accountability across the public sector. The full provisions of the act came into force on 1 January 2005.
Freedom of Information (Scotland) Act 2002The 2002 Act provides similar provision to the 2000 Act however in Scotland Central Government Departments are regulated under the UK Act however the Scottish Executive and its Agencies are regulated under the Scottish Act and came into force at the beginning of 2005. Departments with jurisdiction in England and Wales are regulated under the UK Act. The Act came into force in Scotland on 31 December 2005.
Levelling-up and Regeneration Act 2023This legislation aims to establish an updated planning system to reduce geographical disparities and improve equality. One element of the Levelling-up and Regeneration Act 2023 includes provisions for regulations to be produced to establish Environmental Outcome Reports (EORs) as a replacement EIAs and SEAs. EORs will aim to provide a more streamlined outcomes-based approach to planning applications. These regulations provide an “appropriate authority” with the power to establish regulations to define the outcomes by which the EORs will be assessed against, including protecting the natural and human environment.
Offshore Energy Strategic Environmental Assessment (SEA): An OverviewThe Department of Business, Energy and Industrial Strategy (BEIS) has published guidance which provides an explanation of the SEA process.
Pipelines Act 1962The Pipelines Act 1962 was introduced to regulate and facilitate the construction and safe operation of pipelines. The Act received Royal Assent on 1 August 1962.
Planning Act of 2008The Planning Act of 2008, Chapter 29 establishes the Infrastructure Planning Commission and makes provision about its functions; the authorisation of projects for the development of nationally significant infrastructure; to make provision about town and country planning; to make provision about the imposition of a Community Infrastructure Levy; and for connected purposes. Act was introduced and implemented into law in November 2008.
Planning etc. (Scotland) Act 2006Planning etc. (Scotland) Act 2006, which received Royal Assent on 20 December 2006, is one of the most important reforms in the planning system in recent years, providing a legal framework for administration by central and local government.
The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017Minor changes to EIA Regulations including Marine Works.
The Environmental Impact Assessment (Scotland) Amendment Regulations 2009The EIA Directive aims to ensure that the authorities giving consent for projects make decisions with full knowledge of significant effects on the environment. In Scotland the EIA Directive is implemented through various consent regimes, including the Town and Country Planning system. This legislation makes amendments to the Environmental Impact Assessment (Scotland) Regulations 1999 as a result of the Planning (Scotland) Act 2006, and associated secondary legislation and came into force on 3 August 2009. Changes include; removal of outline planning permission and, changes to notifying environmental statements from the applicant to the planning authority.
The Environmental Impact Assessment (Scotland) Regulations 1999The Environmental Impact Assessment (Scotland) Regulations of 1999, transpose the EIA Directive as amended into Scottish planning law. The Regulations set out the statutory procedures, list the types of project to which they apply, specify the information to be contained in an environmental statement, list the consultation bodies and provide criteria for deciding whether projects are likely to have significant environmental effects. These Regulations came into force on 1 June 2011.
The Environmental Information Regulations 2004The Directive on Public Access to Information implements the first part of the Aarhus Convention into EU law and the Environmental Information Regulations 2004 implement this Directive in the UK. The Regulations, which came into force on 1 January 2005, give a statutory right of access to environmental information held by public authorities and organisations with public authority responsibilities.
The Environmental Information (Scotland) Regulations 2004The Environmental Information (Scotland) Regulations (EIR) 2005, which came into force on 1 January 2005, serves to implement EC Directive 2003/4/EC in Scotland and to establish an access regime allowing the public to request information from Scottish public authorities. The EIR 2004 form part of a freedom of information suite of legislation and the Freedom of Information Act, together with the Environmental Information Regulations and the Data Protection Act, are now part of the same whole. The Environmental Information Regulations providing access to environmental information, the Data Protection Act providing access to personal information of which the applicant is the subject and the Freedom of Information Act enabling access to all other information.
The Freedom of Information (Time for Compliance with Request) Regulations 2010Under certain circumstances these regulations allow the response time to a request for information to be extended from 20 to 60 days. These regulations came into force on 17 November 2010.
The Gas Transporter Pipe-line Works (Environmental Impact Assessment) (Amendment) Regulations 2007These Regulations, which came into force on 20 August 2007, amend the Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999 (the 1999 Regulations) and streamline the previous regime.
The Marine Licensing (Pre-application Consultation) (Scotland) Regulations 2013Marine Licensing (Pre-application Consultation) (Scotland) Regulations 2013 requires marine license applicants intent on undertaking certain classes of marine activity to carry out a pre-application consultation process. These Regulations came into force on 1st January 2014 and apply to Scotland only. From 6 April 2014, certain activities will be subject to a public pre-application consultation. Activities affected will be large projects with the potential for substantial impacts on the environment, local communities and other legitimate uses of the sea. This new requirement will allow local communities, environmental groups and other interested parties to comment on any proposed development in its early stages, before an application for a marine licence is even submitted.
The Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020These Regulations came into force on 20 May 2020 and apply to Scotland only. These modifications remove the requirements to make information or documentation available for inspection in a public place provide hard copies of EIA reports and hold public events.
The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017These Regulations apply to England, Wales and Northern Ireland and extend to Scotland in relation to certain reserved matters in the Scottish inshore region and the Scottish offshore region. These Regulations make provision for environmental impact assessments to be carried out prior to consenting of various activities in UK waters and seas, including any area submerged at mean high water spring tide and the water of every estuary, arm of the sea, river or channel where the tide flows at mean high water spring tide.  These regulations transpose into UK legislation the amendments to the EU EIA Directive 2011/92/EU made by EU Directive 2014/52/EU.
The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017These regulations apply in the Scotland Marine Area only. They replace Marine Works (Environmental Impact Assessment) Regulations 2007 and transpose into Scottish legislation the amendments to the EU EIA Directive 2011/92/EU made by EU Directive 2014/52/EU.
The Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020These Regulations make temporary modifications to the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 and the Marine Licensing (Pre-application Consultation) (Scotland) Regulations 2013, as a result of COVID-19. These modifications alter requirements to make information or documentation available for inspection in a public place, to provide hard copies of EIA reports, and to hold public events.
The National Scenic Areas (Scotland) Regulations 2008The regulations (Scotland only) make minor amendments for certain projects requiring an EIA and came into force on 20 June 2008.
The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020These regulations revoke and replace the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations SI 1999/360 in order to consolidate, clarify and simplify the provisions of those Regulations.

These Regulations:

  • simplify aspects of the EIA legislation regime for offshore projects. For example it introduces the possibility to submit a draft EIA to OPRED for the purposes of an informal review before engaging the formal EIA process.

  • amend provisions required to fulfil the legal commitments arising from judicial reviews which include access to environmental impact assessment (EIA) information;

  • incorporates a provision to undertake inspection and investigation in relation to any offence committed by a developer;

  • correct existing offence provisions to ensure that the appropriate competent authorities' responsibilities are reflected;

  • introduce changes to civil sanctions for regulatory breaches;

  • introduce changes to the fee provisions for administrative and technical services.
The Offshore Petroleum Production and Pipelines (Environmental Impact Assessment and other miscellaneous provisions) (Amendment) Regulations 2017These regulations implement: Directive 2014/52/EU(a) (the ‘EIA Directive’ as it applies offshore); an obligation under Article 6 of Council Directive 92/43/EEC(b) (the ‘Habitats Directive’ as it applies to offshore oil and gas activities); minor corrections to the Offshore Petroleum Licencing (Offshore Safety Directive) (Regulations 2015 (S.I. 2015/315).
The Pipeline Works (Environmental Impact Assessment) Regulations 2000Proposed onshore pipelines (except those of public gas transporters, the government and water companies - see below) which are more than 10 miles (16 km) long require a Pipeline Construction Authorisation (PCA) from the Secretary of State, under Section 1 of the Pipelines Act 1962. Such applications may be subject to EIA by virtue of the Pipeline Works (Environmental Impact Assessment) Regulations 2000. These Regulations entered into force on 1 September 2000. The Act applies to pipelines on land, which includes the foreshore (between low and high water marks) and partially enclosed areas of the sea such as bays, estuaries and harbours.





International

BS EN ISO14001: 2004 Environmental Management SystemsISO 14001 is a voluntary standard to which organisations can become certified, not a legal requirement. The standard provides guidelines on how to manage an organisations environmental impact, support environmental protection and prevent pollution in conjunction with socio-economic needs. Organisations can choose to apply for certification to the standard through third parties accredited by the United Kingdom Accreditation Scheme (UKAS). The revised standard is still being reviewed and is scheduled to be published in September 2015, entitled ISO 14001:2015.
OSPAR Recommendation 2003/5 to promote the use and implementation of Environmental Management Systems by the Offshore IndustryThe goal of this Recommendation is that by the end of 2005 all operators within Contracting Parties' jurisdiction in the UKCS maritime area should have in place Environmental Management Systems that are in accordance with the principals of internationally recognised standards. This Recommendation had effect from 27 June 2003.

EU

For updated legislation following Brexit, please refer to the pdf document downloadable from the Environmental Legislation Page.




EU

For updated legislation following Brexit, please refer to the pdf document downloadable from the Environmental Legislation Page.

UK

Environmental Damage (Prevention and Remediation) (England) Regulations 2015

The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009

The Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015

The Environmental Liability (Prevention and Remediation) (Amendment) Regulations (Northern Ireland) 2009

The Environmental Liability (Scotland) Regulations 2009

The Environmental Liability (Scotland) Amendment Regulations 2015		The English Regulations came into force on 19 July 2015 and apply to England only. They impose obligations on operators certain activities requiring them to prevent or remediate environmental damage. They apply to damage to protected species, natural habitats, sites of special scientific interest (SSSIs), water and land and implement:

  • Directive 2004/35/EC, on environmental liability; and

  • Directive 2013/30/EU, on the safety of offshore oil and gas operations.


The 2015 Amendment Regulations extend categories of environmental damage to include damage to marine waters beyond 12 nautical miles from the baselines in Northern Ireland and correct errors in the Regulations. These Regulations also provide that in Scottish waters the Scottish Ministers are the enforcing authority except where otherwise specified. In particular the Secretary of State will continue to be the enforcing authority with respect to preventing and remedying damage caused by oil, gas and carbon dioxide storage activities, and with respect to the prevention of damage from marine transport activities. These regulations were most recently updated by The Environmental Damage (Prevention and Remediation) (England) Regulations 2019/1285 which places a responsibility on enforcing authorities to report instances of environmental damage to the Secretary of State. A similar amendment was made by The Rural Affairs and Environment (Miscellaneous Amendments) (Wales) Regulations 2019 which applies in Wales.
The Scottish 2009 Regulations have been amended by the Environmental Liability (Scotland) Amendment Regulations 2015 which came into force on the 19 July 2015. The Northern Ireland Amendment came into force on 14 December 2009, amending The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009
The Marine Strategy Regulations 2010These regulations, which came into force on 15 July 2010, transpose the requirements of the Marine Strategy Framework Directive 2008/56/EC1 into UK law. It establishes a high-level framework which requires Member States to put in place measures to achieve or maintain good environmental status in their marine waters by 2020.





EU

For updated legislation following Brexit, please refer to the pdf document downloadable from the Environmental Legislation Page.

UK

Fracking (Measurement and Regulation of Impacts) (Air, Water and Greenhouse Gas Emissions) Bill 2015-16This Bill sets out the requirements of the Secretary of State to measure and regulate the impact of unconventional gas extraction on air and water quality and on greenhouse gas emissions.
The Building (Scotland) Regulations 2004These regulations set out the requirements for building control authorisation for the construction of soakaways for sewage discharges and came into force on 1 May 2005.
The Building Regulations 2010These Regulations may be cited as the Building Regulations 2010 and came into force on 1 October 2010. As part of these Regulations there is a requirement that an adequate system to carry water used for cooking, washing, toilet, bath or shower to a sewer, cesspool or settlement tank must be in place. These Regulations are applicable to England and Wales only.
The Building Regulations (Northern Ireland) 2012These regulations may be cited as the Building Regulations (Northern Ireland) 2012 and came into operation on 31 October 2012. These Regulations revoke and replace, with amendments, the Building Regulations (Northern Ireland) 2000 and all subsequent amending Regulations, imposing certain functional or performance requirements in relation to; the construction of any building and to certain services and fittings in conjunction with any building; the structural alteration or extension of any building; and any building undergoing a material change of use.
The Contaminated Land (England) Regulations 2006Cited as the Contaminated Land (England) Regulations 2006, these Regulations came into force on 4 August 2006, these Regulations, which apply to England only, set out provisions relating to the identification and remediation of contaminated land under Part IIA of the Environmental Protection Act 1990 (the 1990 EPA).  The Regulations make provision for an additional description of contaminated land that is required to be designated as a special site, i.e. land which is contaminated land as a result of radioactive substances in, on or under that land.  The Regulations identify categories of ‘special’ sites where the Environment Agency is to be the enforcing authority.  The Regulations clarify ‘remediation notices’ which can be served by a local authority or the Environment Agency specifying what is to be done by way of remediation and the time to be taken for action.
The Contaminated Land (Scotland) Regulations 2000The Regulations make provision in under Part IIA of the Environmental Protection Act 1990 for the remediation of contaminated land. The Regulations identify sites known as 'special sites' for which SEPA is to be the enforcing authority. Local authorities are responsible for enforcing the scheme in the case of any other type of site. Guidance is also provided for the content and service of copies of ‘remediation notices’ served by a local authority or SEPA specifying what is to be done by way of remediation and the time limits within which action must be taken. These Regulations came into force on 14 July 2000. The 2000 Regulations provided the circumstances in which contaminated land required designation as a special site, and provide for a remediation regime. The Contaminated Land (Scotland) Regulations 2005 amended previous legislation enabling Scottish Ministers to make regulations for or in connection with regulating any activity for the purposes of protecting “the water environment”.
The Contaminated Land (Scotland) Regulations 2005The purpose of the instrument is to amend Part IIA of the Environmental Protection Act 1990, which was inserted by section 57 of the Environment Act 1995. It also makes amendments to the Contaminated Land (Scotland) Regulations 2000. The amendments included in the 2005 Regulations are mainly operational or technical in nature.
The Control of Pollution (Application, Appeals and Registers) Regulations 1996 Cited as the Control of Pollution (Applications, Appeals and Registers) Regulations 1996 which came into force on 31 December 1996, these Regulations outline the procedures for consents in England and Wales under the Water Resources Act 1991.
The Control of Pollution (Oil Storage) (England) Regulations 2001The Oil Storage Regulations, made under the Water Resources Act 1991, require any person having custody or control of oil to take precautions to prevent pollution of any controlled waters for the purposes of Part III of the Water Resources Act. The Regulations apply to oil stored in tanks, bulk containers oil drums and mobile bowsers. The Regulations came into full effect on 1 September 2005 and apply to oil containers of more than 200 litres. The Regulations apply to all oils including: petrol, diesel, central heating oil, lubricating oils, vegetable oil, heavy oils such as bitumen, oils used as solvents, such as paraffin or kerosene, and waste oils. In England the Regulations do not apply to oils stored: in a container situated within a building or wholly under ground; on premises used for refining or distributing oil; on a farm and used exclusively for agricultural purposes; or in any container with a storage capacity of 200 litres or less. Waste oil storage is regulated under the waste legislation, and in most cases is exempt for the Oil Storage Regulations. There are currently no similar regulations in Wales.
The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016These Regulations, covering England and Wales only, expand the existing environmental permitting system through integrating regimes covering water discharge consents, groundwater authorisations and radioactive substances and waste batteries. These Regulations came into force on the 6th April 2016.
The Environmental Permitting (England and Wales) Regulations 2010 as amendedThe Environmental Permitting (England and Wales) Regulations 2010 came into force on 6 April 2010. They provide a consolidated environmental permitting system in England and Wales. They extend the environmental permit system to cover water discharge consents, groundwater authorisations and radioactive substances authorisations. The Regulations also transpose the permitting parts of the batteries Directive into the new system. The intention is to enable businesses and regulators to gradually adopt a one permit, one-regulator, one-site regime. This will reduce costs and cut red tape whilst continuing to protect the environment. This phase is called ‘Environmental Permitting Phase 2 (EPP2); this affects businesses that:

  1. Discharge to rivers, lakes, estuaries or coastal waters, etc.;

  2. Discharge substances to groundwater; and

  3. Use or disposal of radioactive substances or wastes.


Organisations holding a current water discharge consent, groundwater authorisation or radioactive substances authorisation do not have to re-apply. Existing consents or authorisations automatically become environmental permits under the new regulations. A list of amendments to the 2010 Regulations is provided below:

  • The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2010

  • The Environmental Permitting (England and Wales) (Amendment) Regulations 2011

  • The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2011

  • The Environmental Permitting (England and Wales) (Amendment) Regulations 2012

  • The Environmental Permitting (England and Wales) (Amendment) Regulations 2013

  • The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2013

  • The Environmental Permitting (England and Wales) (Amendment) Regulations 2014

  • The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2014

  • The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2015

  • The Environmental Permitting (England and Wales) (Amendment) 2015, came into force on 21 March 2015

  • The Environmental Permitting (England and Wales) (Amendment) Regulations 2016, came into force on 13 May 2016.
The Groundwater (Amendment) Regulations (Northern Ireland) 2014Amended the 2009 Regulations in order to transpose in greater detail some provisions of the Groundwater Daughter Directive. These Regulations came into force on 31 July 2014.
The Groundwater (Amendment) Regulations (Northern Ireland) 2016These Regulations amend the Groundwater Regulations (NI) 2009 in order to transpose the provisions of the EU Groundwater Directive 2014/80/EU and came in to force on 20 June 2016.These updates include an amendment to the lead parameter threshold, bringing it in line with the drinking standard set out in Directive 98/83/EC on the quality of water intended for human consumption
The Groundwater (Water Framework Directive) (England) Direction 2016Updated directions to the Environment Agency following Directive 2014/80/EU, amending Annex II of the Groundwater Directive (2006/118/EC) have been announced. Updated requirements include: a) the monitoring and setting of thresholds for pollutants in groundwater; b) adding new pollutants to the list of pollutants to be monitored; and c) changing the information to be reported to the European Commission.
The Infrastructure Act 2015 (Commencement No.5) Regulations 2016These Regulations, which apply to England and Wales only, brought section 50 (onshore hydraulic fracturing: safeguards) of the Infrastructure Act 2015 into force on 6 April 2016 so far as it is not already in force.
The Onshore Hydraulic Fracturing (Protected Areas) Regulations 2016These Regulations came into force on 10 March 2016 and apply to England and Wales only. The timing coincides with the section of the Petroleum Act 1998, which relates to safeguards against onshore hydraulic fracturing, coming into force, setting out the areas considered as "protected groundwater source areas" and "other protected areas" for the purposes of the Petroleum Act 1998 and onshore hydraulic fracturing.
The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2013If an operator intends to carry out any activity which may affect Scotland’s water environment, they must be authorised to do so. These Regulations provide SEPA with the authority to serve (an) enforcement notice(s) either to control or to stop an activity which poses a significant risk to the water environment and/or which may cause discharge to groundwater of any substances listed in the CAR Regulations (Schedules 1 or 2). The 2013 Regulations, which came into force on 1 June 2013 amend the Water Environment (Controlled Activities) (Scotland) Regulations 2011.
The Water Environment (Oil Storage) (Scotland) Regulations 2006The Regulations, enacted under the Water Environment and Water Services (Scotland) Act 2003, came in to full effect on the 1 of April 2010 in Scotland. They are underpinned by the same intent as in England. The Scottish Regulations also apply to storage of waste oil and to storage of oil in buildings. There is a requirement in the Scottish Oil Storage Regulations that where oil is stored in a portable container of <200 litres the container must be of sufficient strength and structural integrity that it doesn't leak in its ordinary use.
The Water Environment (Remedial Measures) (Scotland) Regulations 2016Laid before the Scottish Parliament on 15th January 2016, these regulations enter into force on 1st April 2016.
The Water Environment (Water Framework Directive) (England and Wales) (Amendment) Regulations 2015This instrument amends certain provisions of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 in order to transpose aspects of Directive 2013/39/EU (“the Priority Substances Directive”).
The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003The 2003 Regulations implement the EC Directive 2000/60/EC (Water Framework Directive) in England and Wales only. The Regulations set out requirements for managing, protecting and improving the quality of water resources through out England and Wales. The Regulations came into force on 2 January 2004.
The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003These instruments are the enabling legislation for the EU Water Framework Directive (2000/60/EC) in Scotland, and England and Wales respectively. They are largely concerned with the development of River Basin Management Plans and enable new controls on water abstraction, engineering works, point source pollution and diffuse pollution from urban areas and farms. The Directive repeals older EC Water Directives and incorporates the remaining existing water directives on Bathing Water, Nitrates and Urban Waste Water Treatment. This Regulation came into force on 2 January 2004.  The 2003 Regulations have further been amended by both the 2007 and 2010 Environmental Permitting (England and Wales) Regulations.
The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2003 The 2003 Regulations implement the EC Directive 2000/60/EC (Water Framework Directive) in Northern Ireland only. The Regulations set out requirements for managing, protecting and improving the quality of water resources in Northern Ireland. The Regulations came into force on 12 January 2004.
The Urban Waste Water Treatment (England and Wales) (Amendment) Regulations 2003These regulations, which came into force on 11 August 2003, implement the Urban Waste Water Treatment Directive (91/271/EEC) in England and Wales. They extend the duties of sewerage undertaker, Director general of Water Services and Secretary of State under chapter III, Part IV of the Water Industry Act to control industrial waste water.
The Urban Waste Water Treatment (England and Wales) Regulations 1994These Regulations may be cited as the Urban Waste Water Treatment (England and Wales) Regulations 1994, and came into force on 30 November 1994 and extend to England and Wales only.
The Urban Waste Water Treatment (Scotland) Regulations 1994These regulations implement in Scotland the Urban Waste Water Treatment Directive (91/271/EEC) and came into force on 30 November 1994. They extend duties to Local Authorities and the Secretary of State under Part II of the Sewerage Scotland Act 1968 to control industrial waste water. These Regulations were amended in 2003 by the  Urban Waste Water Treatment (Scotland) Amendment Regulations 2003, which came into force on 27 June 2003.
The Waste and Contaminated Land (Northern Ireland) Order 1997 as amendedThe Waste and Contaminated Land (Northern Ireland) Order 1997 came into force on 26 November 1997, applying to Northern Ireland only.  the Order sets out the waste management regime covering waste carrier registration and identifying and remedying contaminated land in Northern Ireland.  The has since been amended, with the latest amendment, the Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011 coming into force on the 10 February 2011.
The Water and Sewerage Services (2006 Order) (Commencement No.4) Order (Northern Ireland) 2016Applying to Northern Ireland only, this Order brought articles 73 and 157 into force on the 11th March 2016, from the ‘Water and Sewerage Services (Northern Ireland) Order SI 2006/3336’ covering, ‘Drought plans: preparation and review’ and ‘Further duty to provide sewers’.
The Water Environment (Remedial Measures) (Scotland) Regulations 2016These Regulations entered into force on 1 April 2016 and allow Scottish Environment Protection Agency (SEPA) to serve a remedial measures notice on relevant personnel requiring they undertake specified remedial measures.
The Water Environment (Water Framework Directive) (England and Wales) (Amendment) Regulations 2015The purpose of these Regulations is amend the Water Environment (Water Framework Directive) (England and Wales) Regulations SI 2003/3242, setting up a strategic planning process to manage, protect and improve the quality of water resources, and river basins in particular, within England and Wales.Laid before Parliament and the National Assembly for Wales on the 24th August 2015, these Regulations came into force on the 14th September 2015 and apply to England and Wales only.
The Water Environment (Water Framework Directive) (England and Wales) (Amendment) Regulations 2016These Regulations, which entered into force on the 3 March 2016, amend the Water Environment (Water Framework Directive) (England and Wales) Regulations SI 2003/3242 to include shellfish water protected areas ensuring adequate measures are in place to support shellfish populations.
The Water Environment (Remedial Measures) (Scotland) Regulations 2016These Regulations entered into force on 1 April 2016 and allow Scottish Environment Protection Agency (SEPA) to serve a remedial measures notice on relevant personnel requiring they undertake specified remedial measures.
The Water Resources (Control of Pollution) (Oil Storage) (Wales) Regulations 2016These Regulations came into force on the 15th March 2016 in Wales.  They apply to the storage of more than 200 litres of oil above ground at industrial, commercial or institutional sites.  There are requirements for the storage of such oil, including:

  • Being stored in a container which is of sufficient strength and structural integrity to ensure it doesn’t leak;

  • The installation of the container has not affected its strength or structural integrity; and

  • The container is situated within a secondary containment system that satisfies the specified requirements.
Sewerage (Scotland) Act 1968Discharge to the public sewer in Scotland requires consent under the Sewerage (Scotland) Act 1968 which was introduced that year. Section 1 of the Sewerage (Scotland) Act 1968 and Section 6 of the Water (Scotland) Act 1980 impose obligations on Scottish Water to provide sewerage and water services, respectively, "where it is practicable to do so at reasonable cost".
Water Act 1989 Introduced in 1989, under Section 107 of the Water Act it is an offence to cause or knowingly permit a discharge of poisonous, noxious or polluting matter into any Controlled Waters without the proper authority.
Water Act 2003Under Section 107 of the Water Act 2003 it is an offence to cause or knowingly permit a discharge of poisonous, noxious or polluting matter into any Controlled Waters without the proper authority. The Act received Royal Assent on 20 November 2003.
Water Industry Act 1991 Discharge to the public sewer in England and Wales requires consent under the Water Industry Act (WIA) of 1991. Part III of the Act governs the supply of sewage services and provides for the discharge of trade effluent into the public sewer. Under Section 106 of the Act the owner or occupier of any premises is entitled to have his drains or sewer connected to the public sewage system. He is not however entitled to discharge the following directly or indirectly into the public sewer unless specifically consented to do so by the local sewerage undertaker (Scottish Water or equivalent): a) any liquid from a factory, other than domestic sewage or surface or storm water, or any liquid from a manufacturing process, or; b) any liquid of other matter the discharge of which into the public sewers is prohibited by or under and enactment. This Act came into force on 1 December 1991.
Water Industry Act 1999 Although this Act, which was made in June 1999, is largely concerned with water charging it also created the office of the Water Industry Commissioner for England and Wales, with the general function of overseeing the interests of the customers of the water authorities and acting as the authorities' customer services and economic regulator.
Water Industry (Scotland) Act 2002Introduced the Water Industry Commissioner for Scotland and established Scottish Water to replace the North, South and East of Scotland Water Authorities, the Act received Royal Assent on 1 March 2002.
Water Environment and Water Services (Scotland) Act 2003The Water Environment and Water Services (Scotland) Act 2003 implements the EC Directive 2000/60/EC (Water Framework Directive) in Scotland only. The Act set out requirements for managing, protecting and improving the quality of water resources throughout Scotland and gave Scottish Ministers the power to do so.  The Act came into force on 5 March 2003.
Water Resources (Scotland) Act 2013The Water Resources (Scotland) Act 2013 came into force on the 9 April 2013, applying in Scotland only.  The Act sets out the Scottish Governments plan for the development of Scotland's water resources, through improving water quality, the creation of contracts for non-domestic sewerage services, protection of the public sewer network and the maintenance of private sewerage works.
Water (Scotland) Act 1980Introduced in 1989, under Section 107 of the Water Act it is an offence to cause or knowingly permit a discharge of poisonous, noxious or polluting matter into any Controlled Waters without the proper authority.





International

Amendments to number of treaties to make the use of the IMO Instruments Implementation Code (III Code) mandatory came into force on 1st January 2016.The treaties amended are:MARPOL Annexes I through to VI; MARPOL Annexes I through to VI; International Convention on Tonnage Measurement of Ships, 1969; and Convention on the International Regulations for Preventing Collisions at Sea, 1972, as amended.
Convention on International Trade in Endangered Species (CITES)The cold water coral Lophelia pertusa is known to exist on some offshore installations. If the coral is present and the installation upon which it is located is to be returned to shore it will be necessary to discuss with Defra the requirements of the Convention on International Trade in Endangered Species. Signed in 1973; CITES entered into force on 1 July 1975.
MARPOL - carriage of stability instrumentsAmendments to MARPOL Annex I, the Code for the Construction and Equipment of Ships carrying have been implemented. Dangerous Chemicals in Bulk (BCH Code) and the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code), on mandatory carriage requirements for a stability instrument for oil tankers and chemical tankers.These amendments took came into force on 1st January 2016.
OSPAR Decision 98/3This decision requires that decommissioning will normally remove the whole of the installation but there are some possible exceptions for large structures. However, the provisions of OSPAR decisions 98/3 do not apply to pipelines. There are no international guidelines on the decommissioning of disused pipelines. This Decision entered into force on 9 February 1999, and replaced Decision 95/1 of the Oslo Commission concerning the Disposal of Offshore Installations.
The International Convention for the Safety of Life at Sea (SOLAS), 1974This international set of safety standards applies to the construction, operation and management of merchant ships. This includes protective measures as well as regulations for navigational safety at – sea. This convention has been amended several times by the Maritime Safety Committee (MSC). Most recently, the convention was amended on 1 January 2020 by Resolution MSC 96, 97, 98 and 99 which made various changes to vessel safety requirements.
UN Convention on the Continental Shelf 1958The Convention on the Continental Shelf was an international treaty implemented to codify international law relating to continental shelves. After entering into force 10 June 1964, the treaty established the rights of a sovereign state over the continental shelf surrounding it.

EU

For updated legislation following Brexit, please refer to the pdf document downloadable from the Environmental Legislation Page.

UK

Coast Protection Act 1949Amending the law relating to the protection of the British coast against erosion and encroachment by the sea, to provide for the restriction and removal of works detrimental to navigation, to transfer the management of Crown foreshore from the Minister of Transport to the Commissioners of Crown Lands, and for purposes connected with the matters covered, receiving Royal Assent in November 1949.
Continental Shelf Act 1964An Act making provisions for the exploration and exploitation of the continental shelf, enabling effect to be given to certain provisions of the Convention on the High Seas done in Geneva on 29 April 1958, and for matters connected with those purposes. This Act received Royal Assent in April 1964.
Petroleum Act 1998These Regulations consolidate with amendments the provisions of the Petroleum (Production) Regulations 1982 (as amended) in relation to (a) applications to the Secretary of State for petroleum production licences in respect of seaward areas and (b) applications to the Secretary of State for petroleum exploration licences in respect of seaward areas and landward areas below the low water line. Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 entered into force on 5 March 2004. Petroleum Licensing (Production) (Seaward Areas) Regulation 2008 entered into force on 6 April 2008.
The Coast Protection (Variation of Excluded Waters) (England) Regulations 2015These Regulations vary the paragraph of the Full Text of Schedule 4 to the Coast Protection Act 1949 that applies to the River Wear and remake regulations applying in England which have previously varied other paragraphs of that Schedule.
The Marine Licensing (Delegation of Functions) (Amendment) Order 2015This Order amends the Marine Licensing (Delegation of Functions) Order 2011, allowing the Secretary of State, with reference from the Marine Management Organisation (MMO) in certain circumstances to determine a marine licence application.
The Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012This order, which came into force the date it was made (2 February 2012) makes provision that a marine licence is not required in Scottish inshore or offshore waters for the purpose of retrieving objects from the seabed which have been accidentally deposited there. Notice of the intention to carry out the recovery of dropped objects must however be given to the Scottish Ministers.
The Merchant Shipping (Marine Equipment) Regulations 2016These regulations provide international standards for marine equipment on UK ships.
The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021These Regulations came into force on 22 October 2021 and apply to England, Scotland, Wales and Northern Ireland. They amend the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 in order to give effect to resolutions of the Marine Environment Protection Committee of the International Maritime Organization (IMO).
The Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020These UK regulations incorporate the text of Annex V of MARPOL into domestic law. They refer the reader directly to the international text, avoiding the need to transpose detailed technical obligations into the UK Regulations.
The Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020These UK regulations incorporate the text of Annex IV of MARPOL into domestic law. They refer the reader directly to the international text, avoiding the need to transpose detailed technical obligations into the UK Regulations.
The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010The 2010 Amendment Regulations make various insertions for new enactments (e.g. new Birds Directive) and also devolve certain powers to Scottish Ministers. Cited as the Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010, these Regulations came into force on 1 April 2010.
The Pipeline Safety Regulations 1996These regulations, which came into force on 11 April 1996, require operators to ensure that adequate arrangements are in place for dealing with incidents and emergencies involving a pipeline, particularly in the event of:

  • An accidental loss of fluid

  • The discovery of a defect in the pipeline or of damage to it

  • Any other emergency affecting the pipeline.


In addition, if the pipeline is defined by Regulation 18 (Schedule 2) as a "Major Accident Hazard Pipeline" in that it is carrying fluids which are; flammable in air, have a boiling point below 5ºC at 1 bar absolute, and are conveyed in the pipeline as a liquid; flammable in air and are to be conveyed in the pipeline as a gas at above 8 bar absolute; or have a vapour pressure greater than 1.5 bar absolute when in equilibrium with vapour at either the actual temperature of the liquid or at 20ºC. Then a Major Accident Prevention Document and Emergency Procedures must be prepared by the pipeline operator - See "COMAH". NOTE: The main focus of these regulations is Health and Safety, however through provision of contingency planning for this purpose, management of environmental risks can be incorporated.
UK Marine and Coastal Access Act 2009The UK Marine and Coastal Access Act of 2009, which gained Royal Assent on 12 November 2009, with particular relevance to biodiversity and nature conservation, this piece of legislation makes provision for the designation of Marine Conservation Zones (MCZs) in the territorial waters adjacent to England and Wales and UK offshore waters. Operators will need to apply for a marine licence to undertake certain licensable marine activities as per paragraph 66.





International

Aarhus Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters 1998The Aarhus Convention was signed in June 1998 to grant the public rights regarding information access, public participation and access to justice, in governmental decision-making processes on matters concerning the local, national and transboundary environment; focusing on interactions between the public and public authorities. The Convention entered into force on 30 October 2001.
Bonn Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances, 1983 Within the Bonn Agreement (1983) area there are two further interstate agreements which set out provision for a joint response by the Contracting States and also how the use of state intervention may be utilised when one or other’s interests are threatened. The instrument of accession entered into force on 1 April 2010.

The European Union agreed to adopt the Bonn Agreement Strategic Action Plan (BASAP) 2019 – 2025.  The BASAP 2019-2025 is intended to facilitate the implementation of the Bonn Agreement in order to contribute to the prevention of marine pollution at large and meet future challenges such as energy transition and the pressure on marine spatial planning that can introduce other risks at sea. The UK, as a Contracting Party of the Bonn Agreement, will implement the BASAP 2019-2025. The Action Plan includes expanding the scope of application of the Bonn Agreement to include air pollution caused by shipping.

The BASAP is adopted within the UK through Retained EU Decision 2019/1727 on the position to be adopted on behalf of the European Union at the Second Ministerial Meeting of the Bonn Agreement with regard to the Ministerial Declaration and the Bonn Agreement Strategic Action Plan (BASAP) 2019-2025 annexed thereto which became retained EU law through the European Union (Withdrawal Act) 2018.
Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (London Dumping Convention) - and its 1996 protocol, joint long-term programme (2014-2016).The objective of this Convention is primarily the prevention of pollution associated with dumping to sea from ships and aircraft. Discharges "incidental to or derived from normal operation" of ships and aircraft are excluded from the definition of dumping. Definition of a ship includes fixed and floating offshore installations. The Protocol entered into force on 24 March 2006. Reinjection of Mud Cuttings - reinjection of drill cuttings in field is allowed as a "normal" operational waste. Collection and shipment of drill cuttings to another field or site for reinjection, is possible under the Convention provided a FEPA licence is obtained.
IMO Convention for the Control and Management of Ships' Ballast Water and Sediments

List of ballast water management systems that make use of Active Substances which received Basic and Final Approval		This Convention was adopted by the IMO on 13 February 2004, and will enter force 12 months after ratification by 30 States, representing 35 per cent of world merchant shipping tonnage. As of 12 February 2015, 44 States have ratified the Convention, representing 32.9% of the world merchant fleet tonnage . The Convention provides for requirements for reception facilities, research and monitoring programmes, ballast water record books, ship survey and certification and technical requirements for the control and management of ships' ballast water and sediments.On the 28 May 2015 a list of ballast water management systems that make us of active substances received basic and final approval was published by IMO.
This was amended on 13 October 2019. This amendment (available here) includes a schedule for ships to comply with the D2 standard, which specifies the maximum number of organisms permitted to be discharged from a vessel. In addition, this amendment also makes it mandatory that Ballast Water Management systems are approved by the Administration in accordance with IMO guidelines.
IMO Convention for the Control and Management of Ships' Ballast Water and Sediments - AustraliaThe Australian Government is introducing new ballast water management requirements under the Biosecurity Act (2015) for ships engaged in international voyages. Changes include ballast water exchanges to take place 12 nm from the coast or outer edge of the Great Barrier Reef or part of the Torres Strait.
International Convention for the Prevention of Pollution from Ships (MARPOL) 73/78 - Annex 1Annex I of MARPOL sets discharge limits for oil-in-water as well as a series of operational and construction standards for ships including means of retaining oily wastes on board, oil-in-water separation and discharge monitoring systems, segregated ballast, crude oil washing and double hulls. This instrument was introduced on 2 October 1983.
International Convention for the Prevention of Pollution from Ships (MARPOL) 73/78 - Annex 2Annex II of MARPOL controls pollution by noxious liquid substances and establishes a categorisation system for noxious and liquid substances and specifies permitted discharge limits for these substances. Annex II also requires for chemical tankers built after July 1986 to comply with the International Bulk Chemical (IBC) Code.

Annex II also outlines the control measures for offshore support vessels other than chemical tankers and liquified gas carriers that are permitted to carry noxious liquid substances in bulk.   Amendments to the IBC Code in IMO Resolution MEPC.318(74) came into force in January 2021 and imposed revised carriage requirements for substances listed under Annex II on MARPOL. MGN 649 (M) Amendment 1 Application of MARPOL Annex II to offshore support vessels sets out the implications of the amendment to IBC code on offshore support vessels that are less restricted in the substances they can carry.
International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC Convention)The OPRC Convention which entered into force 13 May 1995 requires the UK to ensure that operator's have a formally approved Oil Pollution Emergency Plan (OPEP) in place for each offshore operation, or agreed grouping of facilities. All parties must prepare for and respond to an oil pollution incident. The convention applies to all facilities which present a risk of an oil pollution incident and includes, inter alia, all sea ports, oil terminals, pipelines and other oil handling facilities. All Oil Pollution Emergency Plans must be coordinated with the national system and approved in accordance with procedures established by the competent national authority.
MARPOL 73/78  (93 as amended)  Annex I - Regulations for the Prevention of Pollution by OilAnnex I applies to all oil tankers of 150 gross register tonnage (GRT) and above and all vessels of 400 GRT and above.  There is a prohibition of oily discharges inside the 3 nautical mile limit. Oil or oily mixtures associated with drainage must not exceed 15ppm. New vessels greater than 400 GRT must have an oil/water separator.  A Shipboard Oil Pollution Emergency Plan (SOPEP) must be maintained and updated. An International Oil Pollution Prevention Certificate (IOPP) must be obtained and renewed on a 5 yearly basis.
MARPOL 73/78  (93 as amended) Annex IV Prevention of Pollution by Sewage from ShipsThe discharge of sewage into the sea is prohibited, except when the ship has approved sewage treatment facilities or when the ship is discharging comminute and disinfected sewage using an approved system at a distance of more than 3 nm from the nearest land. Regulations for the Prevention of Pollution by Sewage from Ships entered into force on 2 October 1983.
MARPOL 73/78 (93 as amended) Annex VI AmendmentsThis annex limits air pollutant concentrations in ship exhaust gas. It places controls on discharges of hazardous substances from ship diesels such as volatile organic compounds, sulphur oxide, nitrogen oxide and ozone depleting substances. Several amendments took effect in 2020 including:

  • 0.5% sulphur limit: This amendment limits the sulphur in fuels oil used on ships to 0.5% (mass by mass) to help lower sulphur dioxide emissions from ships. This came into effect on 1 January 2020.

  • Carriage ban on non-compliant fuel oil: In addition to this, on 1 March 2020, the carriage of non-compliant fuel oil onboard a ship is prohibited under certain circumstances. This amendment is to support the lowering of sulphur dioxide following the implementation of the 0.5% sulphur limit in ship fuels.


Other amendments were implemented in April 2022, including:

  • One or more sampling points for sulphur oxides and particulate matter must be fitted or designated to take representative samples of fuel oil being used or carried for use on the ship;

  • Consequential amendments to the International Air Pollution Prevention (IAPP) certificate and the Fuel verification procedure to account for representative fuel samples;


Amendments to the requirements for gas carriers, cargo and LNG vessel Energy Efficiency Design Index (EEDI) requirements for ships built from 2022 to ensure these vessels are more energy efficient.
OSPAR Recommendation 2012/5 for a risk-based approach (RBA) to the Management of Produced Water Discharges from Offshore InstallationsThe RBA recommendation came into force in 29 June 2012 and aims to achieve, by 2020, a reduction of oil in produced water discharged into the sea to a level which will adequately ensure that each of those discharges will present no harm to the marine environment, and a reduction in discharges of hazardous substances via produced water with the ultimate aim of achieving concentrations in the marine environment that are near background values for naturally occurring substances and close to zero for man-made synthetic substances.
OSPAR Recommendation 2001/1 for the Management of Produced Water from Offshore Installations as amended by OSPAR Recommendation 2006/4OSPAR Recommendation 2001/1, which came into force on 29 June 2001, for the Management of Produced Water from Offshore Installations as amended by OSPAR Recommendation 2006/4.
OSPAR Recommendation 2006/5 on a management scheme for offshore cuttings pilesThis recommendation sets out measures to reduce pollution from oil or other chemicals from cuttings piles. The first stage of the Recommendation is to be carried out within two years of the Recommendation coming into effect with the second stage completed in a pre-determined time frame laid out in Stage 1. This Recommendation had effect from 30 June 2006.
OSPAR Recommendation 2010/18 on the prevention of significant acute oil pollution from offshore drilling activitiesThis recommendation came into force in September 2010 and establishes a process for assessing the relevance of the results of the US and EC reviews of the Macondo well incident with a view to taking additional action by the OSPAR Commission if needed and within the scope of the Convention. Under the recommendation, contracting parties are required to: as a precaution continue or, as a matter of urgency, start reviewing existing frameworks, including the permitting of drilling activities in extreme conditions; and continue to evaluate this on a case by case basis and prior to permitting; take extra care to apply all relevant learning from the Deepwater Horizon accident; report on this ongoing activity to OSPAR; and based on the reviews undertaken, contracting parties should individually and jointly, if needed, take further action within the scope of the OSPAR Convention.

UK

Dangerous Vessel Act 1985This act requires harbour authorities to have a contingency plan to deal with the threat posed by dangerous vessels and should cover the treat of marine pollution from such vessels and came into effect in 1985.
Environmental Protection Act 1990 (Commencement No. 20) (Scotland) Order 2015Laid before the Scottish Parliament on the 20th February 2015, this Act came into force on the 1st April 2015.
Pollution Prevention and Control Act 1999 This act sets out regulations for the prevention of pollution. Section 3 of this act relates to the prevention of pollution after accidents involving offshore installations. The following orders list the directives pertinent to this act for England and Wales:
The Dangerous Substances in Harbour Areas Regulations 1987These regulations, which came into force on 1 June 1987, dictate that harbour authorities have a duty to prepare emergency plans for dealing with substances which are dangerous, owing to their condition or to the condition of their packaging, or of the vessel on which they are being carried where this is such as to create a risk to Health and Safety.
The Environmental Permitting (England and Wales) Regulations 2010 as amendedThe 2010 Regulations covers facilities previously covered under the pollution prevention and control regulations 2007, coming into force on the 6 April 2010 extending to England and Wales only. The Principle offences under the regulations are operating a regulated facility without a permit, causing or knowingly permitting a water discharge activity or groundwater activity without a permit. There have been a number of amendments to The 2010 Regulations, with the latest amendment coming into force on 21 March 2015. These Regulations provide a consolidated system of environmental permitting for England and Wales, and extend the range of activities that require an environmental permit.
The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012These regulations implement EU Directive 2009/18/EC on the investigation of accidents in the maritime transport sector. The regulations set out the procedures for dealing with specified casualties and incidents which are collectively defined as an "accident", including the purpose and scope of an investigation and how an investigation is to be conducted and which accidents and incidents may be investigated. Accident means "a marine casualty, which is an event or sequence of events that has resulted in any of the following and has occurred directly by or in connection with the operation of a ship involving"....including "pollution, or the potential for such pollution to the environment caused by damage to a ship or ships". These Regulations came into effect on 31 July 2012.
The Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022These regulations implement the International Convention for the Control and Management of Ships’ Ballast Water and Sediments. The convention aims to minimise the transfer of harmful aquatic organisms and pathogens by prohibiting the discharge of unmanaged ballast water and sediments. These regulations prohibit the discharge of ballast water or sediments unless a ballast water management plan is being followed which meets the criteria set by these regulations. Certain ships > 400 tonnes will be subject to inspection to ensure compliance with these regulations. The regulations apply to all UK ships and all non-UK ships whilst in UK waters. These regulations were made using the powers provided by the Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Order 2022.

MGN 675 provides guidance on these regulations.
The Merchant Shipping (Oil Pollution Preparedness, Response & Co-operation Convention) Regulations 1998 as amendedThese regulations created under the provision of the Merchant Shipping Act 1995, serve to implement in UK law the oil spill planning requirements of the OPRC Convention. Regulation 3 of the above defines harbours and oil handling facilities are required to have oil spill emergency plans in place, and includes; any oil handling facility offering berths alongside, on buoys or at anchor, to ships over 400 Gross Registered Tonnes (GRT) or oil tankers over 150 GRT; any oil handling facility in respect of which the Secretary of State (SoS) has served the operator with a notice stating that he is of the opinion that maritime activities are undertaken at that harbour or facility which involve a significant risk of discharge of over 10 tonnes of oil; and any other oil handling facility in respect of which the SoS has served the operator a notice stating that he is of the opinion that it is located in an area of significant environmental sensitivity, or in an area where a discharge of oil could cause significant economic damage. All facilities as defined above must complete an emergency Oil Pollution Emergency Plan in accordance with requirements of the regulations and secure formal approval of the plan from the national Competent Authority, the Maritime and Coastguard Agency (MCA), conforming to the National Contingency Plan. These Regulations came into force on 15 May 1998. These Regulations have been amended by The Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) (Amendment) Regulations 2015 on 19 July 2015, as a result of the new Offshore Safety Directive Regulations.
The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019These Regulations implement Annex I (Regulations for the Prevention of Pollution by Oil) of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (the MARPOL Convention). Further amendments have been made to the Annex which are also implemented by these Regulations. As a consequence, the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 and other instruments which amend them are revoked.
The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 contain provisions to prevent the discharge of dangerous or noxious liquid substances in the sea, especially for ships carrying substances in bulk. These regulations implement Annex 2 of the International Convention for the Prevention of Pollution from Ships, 1973. These regulations were amended by The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk and Prevention of Oil Pollution) (Amendment) Regulations 2021 to include amendments to the codes and guidelines that vessels should follow, clarify that the ban on discharging noxious liquid substances also refers to offshore support vessels and allow for a cargo record book to be in electronic format.
The Merchant Shipping (Control of Harmful Anti-Fouling Systems on Ships) Order 2022This order enables the secretary of state to make regulations to implement under the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001, which entered into force in 2008. The convention aims to protect the marine environment from any harmful effects associated with anti-fouling systems.

The regulations that may be made under this order include those relating to surveys and inspections, certifications, offences and penalties, detaining of ships not complying with regulations.
The Merchant Shipping (Reporting of Pollution Incidents) Regulations 1987 (POLREP)Require that the master of a ship involved in an incident involving actual or probable discharge of oil, noxious substance carried in bulk or marine pollutant in packaged form, report the particulars of the incident without delay. These Regulations entered into force on 6 April 1987.
The Merchant Shipping (Ship to Ship Transfers) Regulations 2020These regulations came into force on 26 February 2020. They regulate ship to ship transfers of oil-based cargo or other potentially hazardous substances which could result in hazardous discharges at sea. Under these regulations, any cargo transfers or bunkering operations in UK waters is prohibited. They also put in place a legislative regime for assessing and licensing harbour authorities which propose to allow ship-to-ship transfers in their waters. These regulations consolidate the previous regulations of the same name and add several additional amendments relating to the authorisation of ship to ship transfers by harbour authorities and the Secretary of State. These regulations make minor amendments to the Conservation of Habitats and Species Regulations 2017 and the Conservation of Offshore Marine Habitats and Species Regulations 2017. The MCA released this Merchant Shipping Notice 1829, which should be read in conjunction with these regulations which sets out the procedures for ship-to-ship transfers of cargo consisting of wholly or mainly oil.
The Offshore Chemicals and Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Coronavirus) (Amendment) Regulations 2020These Regulations came into force on 5 September 2020 and apply to England, Scotland, Wales and Northern Ireland.

They amend legislation relating to offshore chemicals and offshore petroleum activities in order to provide temporary modifications which are necessary due to the coronavirus pandemic. The modifications remove the requirement for offshore oil and gas operators to make certain documents available for public inspection where, because of the pandemic, it is not practical to have the public inspect documents at a public place. Those documents can instead be published on a website.
The Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Amendment) Regulations 2011The Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Amendment) Regulations 2011 have introduced a number of changes to the Regulations. This includes a new definition of "offshore installation" which encompasses all pipelines - some of which were not previously covered by the OPPC Regulations. The amending OPPC Regulations also include the concept of "release" to cover all unintentional emissions of oil that occur through accidental spills / leaks or non-operational discharges. Intentional emissions are now clarified as discharges. These Regulations came into force on 29 March 2011.
The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 as amendedThese Regulations, which entered force on 21 July 2005, introduced a permitting system for oil discharges and replace the requirement for an exemption under POPA. These Regulations do not require a permit for discharge of OBM/OPF and SBMs as these are permitted under the Offshore Chemical Regulations 2002. However any material being discharged or reinjected that has been contaminated by hydrocarbons from the reservoir will require a permit.
The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2016The ‘Offshore Petroleum Activities (Conservation of Habitats) Regulations SI 2001/1754’ and the ‘Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations SI 1999/360’ have recently been amended to include the inclusion of the ‘Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations SI 2016/529’ which come into force on 1 June 2016.
The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013These Regulations implement Directive 2010/75/EU on industrial emissions. The 2013 Regulations came into force on 20 June 2013 and apply to Northern Ireland only. These Regulations provide a consolidated system of environmental permitting for Northern Ireland, and extend the range of activities that require an environmental permit, including IPPC applications.
The Pollution Prevention and Control (Scotland) Regulations 2012 as amendedThe Pollution Prevention and Control (Scotland) Regulations (SSI 2012/360) have been published and replace the previous Pollution Prevention and Control (Scotland) (Regulations SSI 2000/323). Establishes mechanisms to control pollution from any installation carrying out specified activities through permits, inspections and emission control. Covers the inclusion of best available techniques (BAT) and standard rules in permits. These regulations revoke previous PPC legislation and came into effect on the 7 January 2014.
The Pollution Prevention and Control (Scotland) Amendment Regulations 2014These Regulations came into force on 30 October 2014, amended the Pollution Prevention and Control (Scotland) Regulations 2012, and serve to transpose Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency (“the Energy Efficiency Directive”) and Directive 2010/75 of the European Parliament and of the Council on industrial emissions. SEPA must now include in any new permit authorising the operation of a solvents installation, a condition requiring the operator of the installation to notify SEPA of any incident or accident significantly affecting the environment.
The Pollution Prevention and Control (Scotland) Amendment Regulations 2016This amends the 2012 PPC Regulations to take account of Commission Directive 2014/99/EU concerning the capture systems for petrol vapour at refuelling sites. This piece of legislation will come into force on the 12th May 2016.
The Pollution Prevention and Control (Scotland) Amendment Regulations 2017The Pollution Prevention and Control (Scotland) Amendment Regulations SSI 2017/446 amend the Pollution Prevention and Control (Scotland) Regulations SSI 2012/360.
The Pollution Prevention and Control Regulations (Northern Ireland) 2003Cited as the Pollution Prevention and Control Regulations (Northern Ireland) 2003 , these Regulations came into force on 31 March 2003 and apply to Northern Ireland only.
The Water Environment and Water Services (Scotland) Act 2003 (Modification of Part 1) Regulations 2015The Water Environment and Water Services (Scotland) Act 2003 sets out new arrangements for the protection of the water environment and makes changes with regard to funding for new connections to the public water and sewerage infrastructure.





International

OSPAR Decision 98/2 on Dumping of Radioactive WasteMeeting of the Oslo and Paris Commissions; agreement was made to renounce the possibility of resuming dumping at sea of radioactive substances, including waste. This Decision entered into force on 9 February 1999.

EU

For updated legislation following Brexit, please refer to the pdf document downloadable from the Environmental Legislation Page.

UK

The Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2019 This regulation makes amendments to The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010. They implement the necessary safety standards to protect against dangers arising from exposure to ionizing radiation. These regulations came into force on 18 June 2019 and apply to Northern Ireland only.
The Environmental Authorisations (Scotland) Regulations 2018The Radioactive Substances Act 1993 Amendment (Scotland) Regulations 2011 has been replaced by The Environmental Authorisations (Scotland) Regulations 2018 (enforced by SEPA). This order came into force on January 25th 2023. This order extends to Scotland only (up to 12 mile territorial water line).
The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997These Regulations, which came into force on 1 November 1997, revoke and replace the Transfrontier Shipment of Radioactive Waste Regulations 1993. The Regulations extend the scope of the 1993 Regulations to include spent nuclear fuel for re-processing as well as shipments of radioactive waste.
The Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995 (as amended)These Regulations, which into force on 31 October 1995, revoke and replace the Transfrontier Shipment of Radioactive Waste Regulations 1993. The Regulations extend the scope of the 1993 Regulations to include spent nuclear fuel for re-processing as well as shipments of radioactive waste.
The Radiation (Emergency Preparedness and Public Information) Regulations 2019These regulations outline the safety standards required when ionising radioactive substances are present above certain thresholds. These safety standards include relevant hazard assessments and the subsequent planning to minimise these hazards. This legislation replaces the Radiation (Emergency Preparedness and Public Information) Regulations SI 2001/2975.
This regulation also amends the following relevant legislation:
The Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2019/185 These regulations apply to Northern Ireland only and transpose elements of Directive 2013/59/Euratom relating to exposure to ionising radiation in the work place. Principally, this includes the emergency preparedness and response elements of Directive 2013/59/Euratom. This came into force on 1 November 2019.
The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018 SR116
The Regulations cover provisions in relation to planned public exposure situations and existing public exposure provisions. by amending the Radioactive Substances Act 1993, the Radioactive Substances Exemption (Northern Ireland) Order 2011, the High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005, the Radioactive Substances (Basic Safety Standards) Regulations (Northern Ireland) 2003 and the Radioactive Contaminated Land Regulations (Northern Ireland) 2006. These Regulations also implement some additional measures to streamline and clarify existing legislation.
The Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations 2019These regulations will replace and revoke the Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008/3087 and provide for equivalent procedures for the import, export and transit of radioactive waste and spent fuel into and out of the UK post EU exit.





International

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal 1992This Convention, which came into force in 1992, provides for the control and strict regulation of transboundary shipment of hazardous wastes in order to protect human health and the environment. Annex I of the Convention (which lists wastes to be controlled) includes waste oils, water/hydrocarbon mixes as well as a number of heavy metals, organic compounds, organohalogens and asbestos. The main objectives of the Convention are to a) reduce transboundary movements of hazardous waste; b) to treat and dispose hazardous wastes and other wastes as close as possible to their source of generation; and c) to minimise the generation of hazardous wastes and other waste.
European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) 1957 as amendedThe European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) was produced in Geneva on 30 September 1957 by the United Nations Economic Commission for Europe, and it entered into force on 29 January 1968. The Agreement itself has been amended numerous times, with the latest volume of being applicable from 1 January 2015.  The Agreement was introduced to increase the safety of international transport by road of dangerous goods.
MARPOL 73/78 Annex V - Prevention of Pollution by Garbage from ShipsPrevention of pollution by garbage from ships (entered into force December 1998). Deals with the different types of garbage and specifies the distances from land and the manner in which they may be disposed of. The Annex also designates Special Areas (including the North Sea) where the disposal of any garbage is prohibited except food wastes. The dumping of plastics at sea is also prohibited by this Annex.
Organisation for Economic Co-operation and Development (OECD) Decision C(2001)107/FINALDue to the annual volume and value of recoverable hazardous wastes the OECD is developing a ‘control system’ to promote and enhance environmentally sound management of waste. This work is viewed as necessary to continuously keep up to date and improve the regulatory framework put in place by the OECD on 14 June 2001. The development of a ‘global waste control system’ is ongoing. The OECD Decision creates a streamlined system for regulating movements of hazardous waste for recovery between OECD countries in accordance with the framework established by the Basel Convention. Export of hazardous wastes to non OECD members for disposal or recovery is prohibited. The OECD Decision has been revised since through several amendments. A guidance manual has been developed.

EU

For updated legislation following Brexit, please refer to the pdf document downloadable from the Environmental Legislation Page.

UK

Environment Protection Act 1990 (EPA 90)The Environmental Protection Act 1990 is an Act that as of 2008 defines, within England and Wales and Scotland, the fundamental structure and authority for waste management and the control of emissions into the environment. The Act received Royal Assent on 1 November 1990. As of 1996, authorisation and enforcement became the responsibility of the Environment Agency the Scottish Environmental Protection Agency. This Act is divided into 8 parts. The legislation is being updated such that Part 1, which outlines the controls on certain industrial processes and requires that they are authorised under either an Integrated Pollution Control or Atmospheric Pollution Control regime, according to their potential impact on the environment, is being revoked and replaced by the Pollution Prevention and Control Act 1999. In addition Part 2 of the EPA 90 deals specifically with the deposit of waste to land. Sections 33 and 34 contain the provisions most relevant to waste producers, while Section 33 deals with waste storage.
Environment (Wales) Act 2016 Factsheet - WasteThe Welsh Government has produced a factsheet, detailing The Environment (Wales) Act 2016 which introduces the new arrangements in relation to waste segregation and collection. Implementation of these the provisions in the Act is expected to be made after January 2017.Further details on the Environment (Wales) Act 2016, which received Royal Assent on 21st March 2016, can be viewed via this link. The Act aims to delivers the Welsh Government’s commitment to introduce new legislation for the environment, positioning Wales as a low carbon, green economy, capable of adapting rapidly to the impacts of climate change.
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 as amendedThe Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (as amended) apply the ADR UN agreement in Great Britain, applying to England, Wales and Scotland only. The 2009 Regulations came in to force on the 1 July 2009, with the most recent amendment being The Carriage of Dangerous Goods (Amendment) Regulations 2019 which lay down basic safety standards for protection against the dangers arising from exposure to ionising radiation
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2010 (Northern Ireland) as amendedThe Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2010 (Northern Ireland) as amended, apply the ADR UN agreement in Northern Ireland only. The 2010 Regulations came in to force on the 19 May 2010, with an amendment to the Regulation taking place in 2011, which came in to force on the 11 November 2011. These were amended most recently by The Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2019 to implement the necessary safety standards to protect against dangers arising from exposure to ionizing radiation. This amendment came into force on 18 June 2019.
The Controlled Waste and Duty of Care Regulations (Northern Ireland) 2013These Regulations came into force on the 30 November 2013. These Regulations revoke and replace the Controlled Waste Regulations (Northern Ireland) 2002. The 2013 Regulations classify waste as household waste, commercial waste or industrial waste for the purposes of Part 2 of the Waste and Contaminated Land (Northern Ireland) Order 1997 and thus determining the meaning of ‘controlled waste’.
The Controlled Waste (England and Wales) Regulations 2012 (as amended)These regulations define "Controlled Waste" for the purposes of EPA 90. Three categories of controlled waste are defined, i.e. household, industrial and commercial. Definition of Controlled Waste has been amended (see below) by the EU Framework Directive on Waste. All Special Waste/Hazardous Waste is Controlled Waste (see Waste Classification). The main exemptions to Controlled Waste are explosive and radioactive wastes. These Regulations entered into force on 6 April 2012.
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991These Regulations may be cited as the Controlled Waste (Registration of Carriers and Seizures of Vehicles) Regulations 1991 and came into force on 14 October 1991.
The Controlled Waste Regulations 1992 (as amended)These regulations define "Controlled Waste" for the purposes of EPA 90 and entered into force on which came into force on 1 June 1992. Three categories of controlled waste are defined, i.e. household, industrial and commercial. Definition of Controlled Waste has been amended by the EU Framework Directive on Waste. All Special Waste/Hazardous Waste is Controlled Waste. The main exemptions to Controlled Waste are explosive and radioactive wastes. These Regulations currently apply to Scotland only, with the latest amendment coming into force on the 1 April 1993.
The Control of Pollution (Amendment) Act 1989 (as amended)Control of Pollution (Amendment) Act 1989 (from July 1989), is the principal legislation which requires all carriers of controlled waste to be registered, making it a criminal offence for a person who is not a registered carrier to transport controlled waste to or from any place in Great Britain. SEPA/EA are required to establish and maintain a public register of carriers. Carriers are exempt from registration if they are carrying waste they have produced themselves, unless it is building or demolition waste. The Act was fully entered into force on fully in force on 1 April 1992.
The Environmental Protection Act 1990 Amendment (Scotland) Regulations 2019These Regulations came into force on 23 October 2019 and apply to Scotland only. They amend the Environmental Protection Act 1990 in order to extend existing powers to require holders of waste management licenses to accept, keep and dispose of waste to waste operators holding other types of environmental permit.
The Environmental Protection (Prescribed Processes and Substances) (Amendment) (Hazardous Waste Incineration) Regulations 1998These Regulations require the operator of the landfill site to inspect the waste on receipt and satisfy himself that the waste conforms to the description provided in the transfer documentation. If waste does not conform to the description, the waste consignment will be refused. The waste description must conform to the European Waste Catalogue definitions. These Regulations entered into force on 13 April 1998.
The Hazardous Waste (England and Wales) (Amendment) Regulations 2009These Regulations amend the Hazardous Waste (England and Wales) Regulations 2005 which entered into force on 16 July 2005. The 2005 Regulations imposed procedures for Special Waste/Hazardous Waste that add to those already under the Duty of Care, including requirements for transportation and disposal within a strict documented framework (see Transfer of Special / Hazardous Waste). The Hazardous Waste (England and Wales) (Amendment) Regulations 2009 affect handlers of hazardous waste in England and Wales. The Regulations require hazardous waste producers to notify the Environment Agency before hazardous wastes can be removed from the premises. Certain low risk premises are exempted from the Regulations as long as they produce less than a specified amount of hazardous waste per annum. The qualifying limitation has risen from 200kg to 500kg. See also 'Explanatory Note'. These Regulations entered into force on 6 April 2009.
The Hazardous Waste (England and Wales) (Amendment) Regulations 2016Cited as the Hazardous Waste (England and Wales) (Amendment) Regulations 2016, these Regulations entered into force on the 1 April 2016, and amend the Hazardous Waste (England and Wales) Regulations SI 2005/894, revoking the requirement that premises where hazardous waste is either produced or removed, must notify the Environment Agency.
The Hazardous Waste (England and Wales) Regulations 2005These Regulations impose procedures for Special Waste/Hazardous Waste that add to those already under the Duty of Care, including requirements for transportation and disposal within a strict documented framework (see Transfer of Special / Hazardous Waste). These Regulations were fully implemented and entered into force on 16 July 2005.
The Hazardous Waste (Wales) (Amendment) Regulations 2019These regulations amend Hazardous Waste (Wales) Regulations 2005 to replace Schedule 8 (Hazardous Waste Producer Returns Form) to ensure that this is consistent with Regulation (EU) 2019/1021 . This came into force on 13 August 2019 and applies to Wales only.
The International Waste Shipments (Amendment of Regulation (EC) No 1013/2006) Regulations 2020These regulations came into force on 1 January 2021 and amend the Retained EU Regulation 1013/2006 on shipments of waste to apply changes to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. They introduce and remove different codes and references for hazardous plastic wastes.
The International Waste Shipments (Amendment of Regulation (EC) No. 1013/2006 and 1418/2007) Regulations 2021These regulations came into force in July 2021 and amend Retained EU Regulation 1418/2007 on the export for recovery of certain waste listed in Regulation (EC) 1013/2006 by seeing export control procedures for the new non-hazardous plastic waste category “B3011” and remove references to the waste class B3010 which is no longer used. These regulations amend Retained EU Regulations 1013/2006 and 1418/2007 to set out export control procedures of non-hazardous and plastic substances which were recently classified as B3011.
The Persistent Organic Pollutants Regulations 2007POP Regulations are implemented under the global treaty - the Stockholm Convention on Persistent Organic Pollutants. The regulations came into force in December 2007 and enforce provisions relating to disposal of stockpiles and waste management of pollutants such as pesticides and industrial chemicals; typically DDT/PCBs which persist in the environment and may bioaccumulate through the food chain.
The Special Waste Amendment (Scotland) Regulations 2004These Regulations now only apply in Scotland, and entered into force on 1 July 2004. These Regulations impose procedures for Special Waste that add to those already under the Duty of Care, including requirements for transportation and disposal within a strict documented framework. The Regulations provide a new definition of Special Waste in accordance with the EC Hazardous Waste Directive (91/689/EEC). The Hazardous Waste List has been expanded and refined and is now included in the European Waste Catalogue.
The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) (Amendment) Regulations 2009These Regulations, which entered into force on 16 May 2009, amend the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 to include the requirement of the master of a ship to notify the harbour authority where he intends to deliver sewage, which has been generated on board ship, to waste reception facilities in port.
The Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020These regulations came into force in July 2020 and apply the restrictions on the discharge of garbage into the sea imposed by Annex V to the International Convention for the Prevention of Pollution from Ships 1973. These restrictions include prohibiting the discharge of garbage into the sea with the exception of certain circumstances (e.g. accidental loss and where discharge is necessary for safety reasons or for the protection of marine environment). It also imposes other provisions relating to the management of garbage and ships.
The Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020 These regulations came into force in July 2020 and apply the restrictions on the prevention of pollution by sewage from ships, including sewage treatment on ships and discharge of sewage. Under these regulations, discharge of sewage from ships is prohibited unless under certain circumstances, as specified within the regulations. These regulations were amended by The Merchant Shipping (Prevention of Oil Pollution and Prevention of Pollution by Sewage from Ships) (Amendment) Regulations 2022 to implement amendments adopted by International Maritime Organization (IMO) Resolution MEPC 330(76) which revise Annex I (Prevention of pollution by oil) and Annex IV (Prevention of pollution by sewage from ships). The amendment includes the exemption of unmanned non-self propelled barges from survey and certification requirements and requiring a specified exemption to be issued in each case. This applies to all UK vessels well as non-UK vessels in UK waters.
The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013These Regulations implement Directive 2010/75/EU on industrial emissions. The 2013 Regulations came into force on 20 June 2013 and apply to Northern Ireland only. These Regulations provide a consolidated system of environmental permitting for Northern Ireland, and extend the range of activities that require an environmental permit, including Mercury waste.
The Pollution Prevention and Control (Scotland) Amendment Regulations 2014The 2014 amendment is a update to the Pollution Prevention and Control (Scotland) Regulations 2012. The 2012 Regulations came into force on 7 January 2013, with the 2014 amendment coming into force on 30 October 2014, both applying to Scotland only. These Regulations provide a consolidated system of environmental permitting for Scotland, and extend the range of activities that require an environmental permit, including Mercury waste.
The Pollution Prevention and Control (Scotland) Regulations 2012Establishes mechanisms to control pollution from any installation carrying out specified activities through permits, inspections and emission control. Covers the inclusion of best available techniques (BAT) and standard rules in permits. These regulations revoke previous PPC legislation and came into effect on the 7 January 2013.
The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (as amended)The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) Regulations 2012 affect businesses and individuals that are involved with electrical and electronic equipment (EEE). This includes manufacturers, importers and distributors. The regulations came into force on the 2 January 2013 and are enforced throughout the UK (England, Wales, Scotland and Northern Ireland). These regulations were amended by The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2021 to correct errors. The Restriction of Hazardous Substances in Electrical and Electronic Equipment (Exemptions) (Fees) Regulations 2022 outline the procedure for the use of restricted substances in electrical and electronic equipment via an application for an exemption to be granted by the Secretary of State.
The Special Waste Regulations 1996 as amendedThese Regulations, which entered into force on 1 September 1996, now only apply in Scotland. These Regulations impose procedures for Special Waste that add to those already under the Duty of Care, including requirements for transportation and disposal within a strict documented framework. The Regulations provide a new definition of Special Waste in accordance with the EC Hazardous Waste Directive (91/689/EEC). The Hazardous Waste List has been expanded and refined and is now included in the European Waste Catalogue. A number of amendments have been made to the 1996 Regulations since in was introduced, the latest amendment came into force on the 11 March 2004.
The Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008 These Regulations, which came into force on 25 December 2008, revoke and replace the Transfrontier Shipment of Radioactive Waste Regulations 1993. The Regulations extend the scope of the 1993 Regulations to include spent nuclear fuel for re-processing as well as shipments of radioactive waste.
The Transfrontier Shipment of Waste (Amendment) Regulations 2014These Regulations, which entered into force on 1 May 2014, amend the Transfrontier Shipment of Waste Regulations 2007 on shipments of waste. The Regulations redefine the competent authorities and transfer certain competent authority responsibilities from the Secretary of State to the Environment Agency, Scottish Environment Protection Agency and Department of the Environment in Northern Ireland and from the Secretary of State and Environment Agency to the Natural Resources Body for Wales.
The Transfrontier Shipment of Waste Regulations 2007These Regulations, which entered into force on 12 July 2007, tighten the regime for export of waste. Requires the UK to implement a waste management plan for addressing the despatch of waste from the UK. It creates an offence for shipping waste in breach of the requirements; all shipments must be managed in an 'environmentally sound manner' and without endangering human health.

The UK plan for shipments of waste was prepared to meet the requirement of Regulation 11A of the Transfrontier Shipments of Waste Regulations 2007 (as amended). Any shipment of waste should be in compliance with the relevant regulations, including the Transfrontier Shipments of Waste Regulations 2007 (as amended), as well as the UK plan for shipments of waste.
The Transfrontier Shipment of Waste (Amendment) Regulations 2008Addresses prohibitions applying to export of certain wastes destined for recovery in non-OECD countries. These Regulations entered into force on 5 February 2008.
The Waste Batteries and Accumulators Regulations 2009The EU's Directive on Batteries and Accumulators and Waste Batteries and Accumulators (2006/66/EC) aims to reduce the environmental impact of portable, automotive and industrial batteries by increasing recycling and 'greening' the supply chain that produces and distributes them. It applies to all types of batteries regardless of shape, volume, weight, material composition or use. The Waste Batteries and Accumulators Regulations 2009 came into force on 5 May 2009 which establish the legislative framework for the collection, treatment and recycling of waste batteries and accumulators in the UK. A key element requires persons placing batteries on the market to register as a producer of batteries, and report on waste batteries collected and sent for recycling. These regulations establish the scope of 'producer responsibility', requiring producers of batteries and accumulators to take responsibility for separately collecting and recycling batteries and accumulators once they become waste.
The Waste Batteries and Accumulators (Amendment) Regulations 2015 Landfill (England and Wales) Regulations 2002 as amendedLaid before Parliament on the 26th November 2015, these Regulations came into force on 1 January 2016 and apply to England, Scotland, Wales and Northern Ireland. The Regulations amend the Waste Batteries and Accumulators Regulations SI 2009/890, reducing the regulatory burdens on businesses and allow for an increased focus on the key aims of the Regulations in delivering key environmental benefits.
The Waste Batteries (Scotland) Regulations 2009Regulations covering collecting, recycling and reprocessing portable batteries come into force on 1 February 2010. Business using portable batteries should check with their supplier if they are operating a take back scheme (unless they sell less than 32kg of batteries per year). Regulations banning the disposal of waste industrial batteries to landfill or by incineration come into force on 1 January 2010. From 1 January 2010 if you buy new industrial batteries, the battery producer will take back your waste batteries. The over-arching Battery Directive aims to improve the environmental performance of those involved in the life cycle of batteries, e.g. producer, distributors, end-users and waste operators. The regulations aim to protect the environment from hazardous compounds found in industrial and automotive batteries. It prohibits the disposal of untreated industrial and automotive batteries to landfill or by incineration. Operators are required to store batteries only on an impermeable surface and under weatherproof covering. Requirements for handling batteries will also see amendments to existing licenses granted under the Waste Licensing Regulations 1994 and existing permits granted under the Pollution Prevention and Control (Scotland) Regulations 2000.
The most recent amendment to these regulations was The Waste (Miscellaneous Amendments) (Scotland) Regulations 2019. This made minor changes to the legislation by removing any reference to The Waste Licensing Regulations 1994, which was recently revoked.
The Waste (Circular Economy) (Amendment) Regulations 2020These Regulations came into force on 1 October 2020 and apply to England, Scotland, Wales and Northern Ireland. The devolved Governments in Scotland and Northern Ireland will be introducing separate legislation to implement the CEP in those countries. These Circular Economy Package amendments are designed to align with other existing strategies, such as the 25 Year Environment Plan, the Clean Growth Strategy and specific circular economy and waste strategies and policies developed in Scotland, Wales and Northern Ireland.
The Waste Electrical and Electronic Equipment (Amendment) Regulations 2015Laid before Parliament on the 1st December 2015, these Regulations came into force on the 25th December 2015 and apply to England, Wales, Scotland and Northern Ireland.
The Waste Electrical and Electronic Equipment Regulations 2013 as amendedThese regulations covering waste electrical and electronic equipment (WEEE) update previous regulations to ensure compliance with the recast WEEE Directive 2012/19/EU and revoke the following regulations:

  • The Waste Electrical and Electronic Equipment Regulations 2006;

  • The Waste Electrical and Electronic Equipment (Amendment) Regulations 2007;

  • The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009;

  • The Waste Electrical and Electronic Equipment (Amendment) (No.2) Regulations 2009; and

  • The Waste Electrical and Electronic Equipment (Amendment) Regulations 2010.


The Waste Electrical and Electronic Equipment Regulations 2013 came into force on the 1 January 2014. These regulations came fully into force in January 2019.
The Waste (England and Wales) (Amendment) Regulations 2014The 2014 Regulations came into force on the 6 April 2014. The regulations make provisions for the recording of the transfer of controlled waste on alternative documentation, such as invoices, instead of waste transfer notes. It also makes other amendments relevant to the registration of waste carriers, brokers and dealers.
The Waste (England and Wales) Regulations 2011 (as amended)The Waste (England and Wales) Regulations 2011 (as amended) transpose Directive 2008/98/EC into national legislation and places a greater emphasis on preventing, re-using and recycling waste. The Waste (England and Wales) Regulations 2011 replaced the Environmental Protection (Duty of Care) Regulations 1991 and apply the Duty of Care requirements brought in by the Environmental Protection Act 1990.
The Waste Information (Scotland) Regulations 2010The Waste Information (Scotland) Regulations 2010 came into force on the 10 January 2011, in Scotland only. These Regulations require persons having control or management of undertakings to comply with any request made to them by SEPA for information relating to waste associated with that undertaking and which falls within the categories set out in the regulation.
The Waste Management Licencing (Scotland) Amendment Regulations 2016Cited as the Waste Management Licensing (Scotland) Amendment Regulations 2016, these Regulations entered into force on the 30 March 2016 and make amendments to the Waste Management Licensing (Scotland) Regulations 2011 in the disposal of specific waste types (i.e. vehicle tyres).
The Waste Management Licensing (Scotland) Regulations 2011These Regulations came into forced on 27 March 2011 and consolidate the waste management licensing and exemption system currently contained in the Waste Management Licensing Regulations 1994 as amended. They also make certain changes to that system (including the introduction of new exemptions from the requirement for licensing and the adjustment of various existing exemptions) and contain provision for the purpose of implementing Directive 2008/98/EC on waste.
The Waste Regulations (Northern Ireland) 2019These regulations will come into force on 16 January 2020 and apply to Northern Ireland only. These regulations amend various regulations to implement the Waste Framework Directive. These regulations amend the following:
The Waste Regulations (Northern Ireland) 2011These regulations transpose Directive 2008/98/EC on waste into Northern Irish law. This regulation aims to reduce waste and includes provisions for waste prevention programmes and amend various pieces of legislation to fulfil Directive 2008/98/EC objectives.
The Waste Management Licensing (Northern Ireland) Regulations 2003 as amendedThe Waste Management Licensing (Northern Ireland) Regulations 2003 came into force on the 19 December 2003 implementing Directive 2008/98/EC on waste in Northern Ireland only. The 2003 Regulations have since been amended in 2011, which came into force on the 30 December 2011. The regulations cover applications for waste management licences, which authorise the deposit, disposal and treatment of controlled waste.
The Waste Management Licensing (Scotland) Amendment Regulations 2016Laid before the Scottish Parliament on 25th January 2016, these regulations enter into force on 30th May 2016
The Waste (Meaning of Hazardous Waste and European Waste Catalogue) (Miscellaneous Amendments) (Scotland) Regulations 2015These Regulations came into force on the 8 June 2015 and apply to Scotland only. They amend various pieces of legislation, replacing the definitions of “European Waste Catalogue” and “Waste Framework Directive” and implementing amendments to EU legislation.
The Waste (Scotland) Regulations 2011The 2011 Scotland Regulations make a number of amendments to a variety of Scottish waste legislation to transpose aspects of Directive 2008/98/EC on waste into Scottish law. These Regulations may be cited as the Waste (Scotland) Regulations 2011 and came into force on 27 March 2011. The Regulations allows the partial suspension, revocation, transfer and surrender of site licences, and allows licences held by the same person to be consolidated if they cover the same site or more than one mobile plant.
The Waste (Scotland) Regulations 2012The 2012 Regulations may be cited as the Waste (Scotland) Regulations 2012, and came into force on 17 May 2012. These Regulations provide for the collection, transport and treatment of dry recyclable waste and food waste, and for related matters. They implement re-use and recycling and bio-waste sections from Directive 2008/98/EC on waste , and generally make provision connected with the implementation of requirements under European Union waste management legislation.
Waste and Emissions Trading Act 2003This Act provides for the enforceability of penalties, including fixed financial penalties, in the current voluntary UK Emissions Trading Scheme 2002. Part 2 of the Waste and Emissions Trading Act 2003 amends Schedule 1 to the Pollution Prevention and Control Act 1999. The amendment provides for penalties in any future emissions trading schemes. The Waste and Emissions Trading Act was granted Royal Assent on 13 November 2003.
The Waste (Miscellaneous Amendments) (Scotland) Regulations 2020These regulations came into force on 4 December 2020 and apply in Scotland only. They make various amendments to legislation in accordance with Directive including:

  • Adding a requirement for the National Waste Management Plan for Scotland to include a statement of policies on waste prevention;

  • Amendments to the operations of landfills; and

  • Amendments to waste management licensing and pollution prevention control to take into account good practices when collecting waste oils and removing redundant provisions.
The Waste (Wale) (Miscellaneous Amendments) Regulations 2020These regulations apply in Wales only and update several pieces of Welsh waste legislation, including the Hazardous Waste (Wales) Regulations SI 2005/2806 to change references to European waste legislation and update definitions.
Waste Minimisation Act 1998This enables local authorities to arrange for waste minimisation in their areas and can be cited as the Waste Minimisation Act 1998 from 19 November 1998. This Act does not extend to Northern Ireland.



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