Environmental guidance for your business in Northern Ireland & Scotland

Air
Recently Added Legislation

2014

Fluorinated Greenhouse Gases (Amendment) Regulations (Northern Ireland) 2014 SR 77

Further amend the definition of ‘offshore installation’, so that offshore installations with the purpose of the production of energy from water or wind are included in the definition. The Department of the Environment becomes responsible for the enforcement of the generation of renewable energy from such installations.

2015

Smoke Control Areas (Authorised Fuels) (Amendment) Regulations (Northern Ireland) 2015 SR367

Amend the Smoke Control Areas (Authorised Fuels) Regulations (Northern Ireland) 2013, to add two new fuels to the list of fuels declared to be authorised fuels. A further entry has been included as a substitute for Ecoal briquettes (in paragraph 21 of the Schedule), due to a number of changes to the product.

Fluorinated Greenhouse Gases Regulations 2015/310

Apply to England, Scotland and Wales. They apply to Northern Ireland only when dealing with import and export controls and trade with any place outside the UK. They apply to offshore installations, Scottish offshore installations and Northern Ireland offshore installations.

Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2015 SR 425

Give effect to Regulation (EU) 517/2014. They attempt to limit emissions of fluorinated greenhouse gases into the atmosphere by ensuring that employees and companies in a number of sectors of business are certified to handle equipment during the course of their business without emitting large quantities of F-gases.  

2016

Environmental Better Regulation Act (Northern Ireland) 2016

The Act is a key element of the Department’s Regulatory Transformation Programme, the aim of which is to provide a more streamlined and effective regulatory system for businesses and regulators. Key provisions include:- The creation of an integrated environmental permitting regime. Rationalising powers of entry and associated powers (inspection and investigation). Amendments to the Clean Air (NI) Order 1981. Amendments to the Environment (NI) Order 2002. Amendments to the Water and Sewage Services (NI) Order 2006.

Current Legislation

This page provides links to the full text of key pieces of air environmental legislation that may affect your business in Northern Ireland. The websites hosting the legislation may list amendments separately.

Recently added legislation can be found at the foot of the page.

If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.

Environmental management systems and environmental reports

Aerosol Dispensers Regulations 2009 SI 2824

Aims to protect public health by prohibiting the supply or possession of aerosols not marked as conforming to safety standards.

Clean Air (Northern Ireland) Order 1981 SI 158 (NI 4) (including amendments up to 2004)

Sets out controls on smoke, dust and fumes, including rules on chimneys, and introduces smoke control areas.

Clean Neighbourhoods and Environment Act (Northern Ireland) 2011

Sets out rules on statutory nuisance and the enforcement powers available to district councils.

Clean Air (Emission of Dark Smoke) Regulations 1981 340 (not available online)

Makes it an offence to emit dark smoke from industrial or trade premises, with detailed exemptions. Sets conditions for some burning. (Waste management licensing legislation may apply to these activities too.)

Climate Change Act 2008

Sets 2050 as the target for reducing greenhouse gas emissions; outlines a carbon budgeting system, greenhouse gas emissions trading schemes, financial incentives for businesses to reduce waste and recycle more and powers to charge for single use bags.

Climate Change Agreements (Eligible Facilities) Regulations 2001 SI 662

Specifies that for an installation or site to be eligible for inclusion in a climate change agreement, it must be likely that at least 90% of the energy supplied to it will be used within the site.

Climate Change Agreements (Eligible Facilities) Regulations 2006 SI 60

Expands the types of energy-intensive business activities and sites that can claim the reduced rate of climate change levy.

Climate Change Agreements (Eligible Facilities) (Amendment) Regulations 2006 SI 1931

Amends 2006/60 with details of which energy-intensive businesses can claim the reduced rate of climate change levy.

Climate Change Agreements (Eligible Facilities) (Amendment) Regulations 2009 SI 2458

Amends 2007/2037, making technical changes and adding new product groups. Transfers market surveillance powers to Secretary of State from Trading Standards Officers.

Climate Change Agreements (Energy-intensive Installations) Regulations 2001 SI 1139

Changes the definition of 'Energy-Intensive installations', with exceptions, to include all operations and activities on the same site.

Climate Change Agreements (Energy-intensive Installations) Regulations 2006 SI 59

Defines which energy-intensive installations are entitled to claim the reduced rate of climate change levy.

Climate Change Levy (General) Regulations 2001 SI 838

Set outs who the climate change levy, which is charged on supplies of electricity, gas and solid fuel, applies to, what is taxable, who is exempt and procedures for registering, returns and tax credits.

The Climate Change Levy (General) (Amendment) (No. 2) Regulations 2012 No 3049

Removes the exemption for electricity produced in a combined heat and power station.

Controls on Ozone-Depleting Substances Regulations (Northern Ireland) 2011 SR 239

Implements EC Regulation 1005/2009 on substances that deplete the ozone layer and provides that any breach of the EU Regulation is a punishable offence.

Environmental Better Regulation Act (Northern Ireland) 2016

The Act is a key element of the Department’s Regulatory Transformation Programme, the aim of which is to provide a more streamlined and effective regulatory system for businesses and regulators. Key provisions include:- The creation of an integrated environmental permitting regime. Rationalising powers of entry and associated powers (inspection and investigation). Amendments to the Clean Air (NI) Order 1981. Amendments to the Environment (NI) Order 2002. Amendments to the Water and Sewage Services (NI) Order 2006.

Environment (Northern Ireland) Order 2002 SI 3153 (NI 7) (including amendments up to 2004)

Covers several environmental issues, including pollution prevention control, assessment and management of air quality, and designation of areas of special scientific interest (ASSIs).

Environmental Protection (Control on Ozone - Depleting Substances) Regs 2011 SI 1543

These Regulations only extend to Northern Ireland in so far as they relate to import and export under the EU Regulation

EU Directive relating to aerosol dispensers 324/1975

Requires aerosol dispensers to be marked to confirm they satisfy the safety measures laid down in the Annex to the Directive.

EU Regulation 517/2014 on fluorinated greenhouse gases and repealing Regulation (EC) 842/2006

Repeals the previous Regulation (EC) 842/2006 and shall apply from the 1st January 2015. Aims to cut the EU’s F-gas emissions by two-thirds by 2030 compared with 2014 levels and to encourage the use of viable and more climate friendly alternatives.. It aims to achieve these objectives by further reducing emissions through extended containment provisions and encouraging the use of low global warming potential (GWP) alternatives through placing on the market bans and the phase down of HFCs.

EU Regulation on Persistent Organic Pollutants 850/2004

Sets out controls on producing and using dangerous pesticides, industrial chemicals and chemical by-products.

EU Regulation on ozone depleting substances 1005/2009

Allows governments to impose new requirements on handling, use, import, export, recovery, recycling, reclaming, destruction and trading of listed substances. Sets out plan to phase out production, trade and use of HCFCs.

EU Regulation 744/2010 amending EU Regulation 1005/2009 on ozone depleting substances

Amends 1005/2009 by banning the use of halons in firefighting equipment except for military and aviation uses.

Fluorinated Greenhouse Gases Regulations 2015/310

Apply to England, Scotland and Wales. They apply to Northern Ireland only when dealing with import and export controls and trade with any place outside the UK. They apply to offshore installations, Scottish offshore installations and Northern Ireland offshore installations.

Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2015 SR 425

Give effect to Regulation (EU) 517/2014. They attempt to limit emissions of fluorinated greenhouse gases into the atmosphere by ensuring that employees and companies in a number of sectors of business are certified to handle equipment during the course of their business without emitting large quantities of F-gases.

Greenhouse Gas Emissions Trading Scheme Regulations 2012 SI 3038

Provides a framework to allow greenhouse gas emissions permits to be bought and sold between businesses.

The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013

Makes several amendments to the Greenhouse Gas Emissions Trading Scheme Regulations 2012, including where an installation is operated without a permit it allows the regulator to impose a penalty that is greater than the economic benefit of non-compliance.

Greenhouse Gas Emissions Trading Scheme Charging Scheme Regulations (Northern Ireland) 2010 SR 151

Allows NIEA to make a Northern Ireland charging scheme for the cost of regulating the EU Emissions trading scheme.

Motor Vehicles (Refilling of Air Conditioning Systems by Service Providers) Regulations 2009

Makes it an offence (for which you can be fined) for anyone servicing a vehicle air-conditioning system to refill it with fluorinated gases if there has been an abnormal leak of refrigerant and before repairs have been completed.

Notification of Cooling Towers and Evaporative Condensers Regulations Northern Ireland) 1994 SR 38 (not available online)

Requires businesses to provide their local council with specific details before installing, changing or shutting down a cooling tower.

Ozone-Depleting Substances (Qualifications) Regulations (Northern Ireland) 2011 SR 240

Implements provisions in EC Regulation 1005/2009 by specifying the minimum training and qualifications required by anyone working with ozone-depleting substances, such as refrigeration, air conditioning and heat pump equipment and fire protection systems.

Pollution Control and Local Government (Northern Ireland) Order 1978 SR 1049 (NI 19)

Regulates waste on land, abandoned vehicles, noise nuisance, noise abatement zones, sulphur content of fuel oil used in furnaces and engines, cable burning, and pollution of the atmosphere and water. Other aspects have been revoked.

Pollution Prevention Control (Industrial Emissions) Regulations (Northern Ireland) 2013 SR 160

Transpose Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control (Recast)).The Regulations revoke 18 sets of existing regulations relating to industrial emissions and consolidate all the provisions of the Industrial Emissions Directive in to a single set of regulations. They control the operation of any installation or mobile plant carry out any of the activities listed in Part 1 of Schedule 1 to the Regulations.

Renewable Heat Incentive Scheme Regulations (Northern Ireland) 2012 SR396

Establish a renewable heat incentive scheme under which owners of plants which generate heat from specified renewable sources and meet specified criteria may receive payments at prescribed tariffs for the heat used for eligible purposes. Payments may also be made to biomethane producers who produce biomethane for injection.

Renewable Transport Fuel Obligations Order 2007 SI 3072

Requires road vehicle fuel suppliers to prove that a certain amount of renewable transport fuel (e.g. biodiesel, bioethanol, etc) has been supplied in the UK.

Renewable Transport Fuel Obligations (Amendment) Order 2009 SI 843

Amends 2007/3072, which requires road transport fuel suppliers to produce certificates to show that a proportion of their fuel is renewable, by reducing the amount that this proportion increases every year until 2013.

Road Vehicles (Construction and Use) Regulations 1986 SI 1078

Lays down requirements to reduce the environmental impact of constructing, maintaining and using road vehicles, particularly smoke, vapour and gas emissions.

Road Vehicles (Construction and Use) (Amendment) (No.3) Regulations 2009 SI 2196

Amends 1986/1078 by inserting a new regulation which restricts the retrofitting and refilling of vehicle air conditioning systems containing fluorinated greenhouse gases.

Smoke Control Areas (Authorised Fuels) Regulations (Northern Ireland) SR 2013/205

Contain the current list of fuels authorised for use in smoke control areas, for the purposes of the Clean Air (NI) Order 1981

Smoke Control Areas (Authorised Fuels) (Amendment) Regulations (Northern Ireland) 2015 SR367

Amend the Smoke Control Areas (Authorised Fuels) Regulations (Northern Ireland) 2013, to add two new fuels to the list of fuels declared to be authorised fuels. A further entry has been included as a substitute for Ecoal briquettes (in paragraph 21 of the Schedule), due to a number of changes to the product.

Sulphur Content of Liquid Fuels Regulations (Northern Ireland) 2007 SR 272
Implements measures for reducing the sulphur content of heavy fuel oils (excluding marine fuels).

Sulphur Content of Liquid Fuels (Amendment) Regulations (Northern Ireland) 2014 SR 147

Amends the Sulphur Content of Liquid Fuels Regulations (Northern Ireland) 2007 in order to implement amendments to Directive 1999/32/EC, relating to a reduction in the sulphur content of certain liquid fuels, with regard to marine fuels.

Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005 SI 2773

Sets maximum levels of organic solvents that can be contained in paints, varnishes and vehicle refinishing products (such as cleaners, primers and fillers).

Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products (Amendment) Regulations 2010 SI 783

Amends 2005/2773 by amending the definition of 'coating ' (in the context of vehicle refinishing products) by substituting 'mixture' for 'preparation'.

The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012 SI 1715

Replaces the 2005 Regulations and sets maximum levels of organic solvents that can be contained in paints, varnishes and vehicle refinishing products (such as cleaners, primers and fillers).

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    https://www.daera-ni.gov.uk/publications/waste-duty-care-responsibilities

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