Environmental Legislation

Every business has an impact on the environment.  Environmental legislation ensures that the level of impact your business has on the environment remains within an acceptable limit.  Through improving your businesses resource efficiency you can reduce this level of impact which will also help you comply with current environmental legislation. 

The full legislation that applies to your business depends on your business activities and circumstances.

Netregs is a website that provides free environmental guidance for small and medium sized businesses. Netregs separates their guidance on Environmental Legislation into two categories; Guidance by Business and Guidance by Environmental Topic

Netregs page on New Environmental Legislation in England provides a list of key environmental legislation that has come into force in England in the past twelve months. 

Environmental Legislation which may apply to you. 

Climate Change Levy (CCL)

The Climate Change Levy is a tax paid on the use of grid electricity, coal, gas and LPG.  The climate change levy was introduced in April 2001 to encourage businesses to improve their energy efficiency and reduce greenhouse gas emissions. 

The Climate Change Levy is included on your energy bills.  The rate you pay depends on the type of fuel you use.  (April 2009 rates)

• Electricity 0.470 p/kWh (pence per kilowatt hour)
• Gas 0.164 p/kWh
• Coal 1.281 p/kg (pence per kilogram)
• LPG 1.050 p/kg

Please visit Netregs to find out about exemptions and discounts on the Climate Change Levy.

Carbon Reduction Commitment Energy Efficiency Scheme

The Carbon Reduction Commitment, which commenced from the 1st April, is a mandatory requirement for businesses consuming 6000 MWh p.a. of gas and electricity (about £0.5 million) to monitor their emissions and purchase allowances, initially sold by Government, for each tonne of Carbon Dioxide they produce.  This mainly covers large firms but may include some SMEs in manufacturing and also has implications for tenants whose landlords have commitments of their own. 

To find out more visit NetRegs website.

EU Directive on Energy Performance of Buildings

This requires all buildings being built, sold or rented out to obtain Energy Performance Certificates (EPC's) with information on the buildings energy usage, and for all public buildings with a floor area over 1000m² to display them.  These are called Display Energy Certificates (DEC's).  The directive also reguires regular inspections of boilers and air conditioning units.  Requirements have been implemented via the revisions of the Building Regulations and the introduction of the Building Regulations and the introduction of Energy Performance Certificates (EPCs)

Duty of Care

All businesses produce waste and have a legal responsibility to ensure that you produce, store transport and dispose of your business waste in a responsible way.  This is referred to as Duty of Care. 

Duty of Care applies to anyone who produces, imports, keeps or stores, transports, treats or disposes of ‘controlled waste’.  It also applies if you are a broker and arrange these things.  Controlled waste is waste from households, commerce and industry. 

What you must do to comply with Duty of Care

The Duty of Care states that you must;

• Stop the waste escaping from your control, store it safely and securely and prevent it causing pollution or harming anyone.
• Check your waste is transported and handled by people or businesses that are authorised to do so.
• Complete waste transfer notes to document all waste you transfer and keep these as records for a minimum of 2 years. 

Netregs provides further details on Duty of Care. 

Download Defra Guidance document on Duty of Care. 

Other sources of information

Business Link provides an online self assessment tool, which will help your business find out what you need to do to comply with current environmental legislation. 

Environment Agency provides information about monitoring, compliance, enforcement and their approach to better regulation. 

DEFRA is responsible for setting legislation, policy, regulation and guidance for a number of environmental issues.