The Government has announced plans to scrap or simplify a range of environmental regulations in an effort to free businesses from red tape whilst also targeting enforcement towards high-risk industries. This is part of the Government's Red Tape Challenge, which was reported upon in a previous edition of this newsletter (please click here for our previous newsletter). Whilst such a streamlining exercise is to be welcomed by businesses, it remains to be seen whether the correct balance can be struck between protecting vital environmental standards and reducing unnecessary regulation.

Which regulations will be affected?

As part of the Government's Red Tape Challenge, which aims to reduce the regulatory burden on businesses, the Department for Environment, Food and Rural Affairs has announced that 132 regulations would be improved through simplification or mergers, 70 retained as they are, and 53 completely removed from the statute book.

The Regulations to be scrapped include:

  • Site Waste Management Plans Regulations 2008
  • Control of Asbestos in the Air Regulations 1990
  • Sections of the Control of Pollution Act 1974

The Regulations to be reformed include:

  • Registration, Evaluation, Authorisation and Restrictions of Chemicals Regulations 2008
  • Waste Transfer Notes system under the Waste Regulations 2011
  • Hazardous Waste Regulations 2005
  • Waste, Electrical and Electronic Equipment Regulations 2006

What about enforcement?

In addition to the changes to environmental legislation, enforcement will become more targeted, with the Environment Agency focusing resources on high-risk industries, whilst adopting a "lighter" enforcement approach to low-risk industries and the best performing sites.

Who will benefit from the proposals?

The proposals will allegedly both ensure protection of the environment whilst also benefitting businesses, particularly small and medium sized enterprises. However, whilst these changes are to be welcomed in theory, in practice is there a danger that environmental protections will be watered down? With some organisations still remaining sceptical that the proposals will actually result in further confusion and costs for businesses, only time will tell if the plans will achieve the desired results.

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