1. 06/12/2018

2. Environmental Law update – Spring 2017
John Mitchell, partner, Risk and Compliance

3. Water pollution prosecutions
Southern Water – fined £2m (a record fine in a water pollution case)
South West Water – fined £185k
Interserve Construction Limited – fined £54k
06/12/2018

4. Guidance on non-domestic energy efficiency standards
From 1 April 2018 it’s an offence
To grant a new lease to new or existing tenants for premises
If the Energy Performance Certificate scores lower than E
From 1 April 2023 it’s an offence
To continue to let premises
Energy efficiency improvements are required if there is a 7 year payback period or less
Unless an exemption applies
If exempted must be registered on a public register
Penalties for breach can be up to £150,000
06/12/2018

5. New overarching environment law
Growing calls for new legislation to protect the environment post Brexit
The spectre of the government policing itself, instead of being policed by the Commission is raising concern
House of Lords says an effective and independent mechanism is needed
Various parliamentary committees have called for the “25 year plan” to be underpinned by legislation
A coalition of NGOs wants a new environment law to safeguard the current environmental protections
06/12/2018

6. Air quality issues
We await the new plan forced on the government by the ClientEarth case
London has introduced the “toxicity charge” for older vehicles entering the congestion charge zone
TfL will be consulting on the extension of the ULEZ and its earlier implementation
DEFRA has given a record grant to various cities for work towards Clean Air Zones
The European Commission has issued a reasoned opinion to the UK for failing to deal with air quality issues
06/12/2018

7. Electric vehicle incentives
The Vehicle Technology and Aviation Bill:
Obliges the provision of electric car charging points
At motorway service stations and by large fuel retailers
Coupled with laws about payment, connections and publicity
Finance Bill 2017 will:
Give tax breaks to employers for installing electric car charging points
Slash the tax and NI contributions payable on zero emission company cars
06/12/2018

8. Vehicle Excise Duty changes for new cars registered from 1 April
Two rates:
First year rate (£ variable based on emissions)
Subsequent year rate (£140 flat rate)
One surcharge for cars with a total list price >£40,000:
Years 2 – 5 (£310 flat rate)
Electric car:
≤ £40k = £0 first year and £0 subsequent years
> £40k = £0 first year, £310 years 2-5, £0 onwards
06/12/2018

9. Environmental Law update – Spring 2017
John Mitchell, partner, Risk and Compliance