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The Future of 'Best Available Techniques' in the UK: Consultation Limited
The Industrial Emissions Directive (IED)
The EU’s Industrial Emissions Directive takes an integrated approach to controlling pollution to air, water and land, and establishes challenging industry standards for the most polluting industries. The IED aims to prevent and reduce harmful industrial emissions, while promoting the use of techniques that reduce pollutant emissions and that are energy and resource efficient.
What are 'Best Available Techniques' (BAT)?
Larger industrial facilities carrying out certain types of activity must use BAT to reduce emissions to air, water and land. BAT means the economically & technically viable techniques which are the best for preventing or minimising emissions and impacts on the environment. ‘Techniques’ include both the technology used and the way the installation is designed, built, maintained, operated, and decommissioned.
BAT reference documents (BREFS) include BAT conclusions that outline emission limits related with BAT, which cannot be exceeded unless agreed by the relevant competent authority.
BAT reference documents (BREFS) include BAT conclusions that outline emission limits related with BAT, which cannot be exceeded unless agreed by the relevant competent authority.
Post-Brexit Position
The EU Withdrawal Act 2018 maintains established environmental principles and ensures that existing EU environmental law will continue to have effect in UK law, including the IED & BAT Conclusion Implementing Decision made under it. Secondary legislation the UK government introduced under the EU withdrawal Act 2018 ensures domestic legislation that implements the IED continues to operate. Similarly, secondary legislation introduced by the UK government ensures the existing BAT Conclusions continue to operate.
Consultation
An open consultation has been launched seeking views on the UK’s process for developing ‘Best Available Techniques’ for delivering improvements in industrial emissions. The consultation will close on 18 April 2021. The government intends on working openly & collaboratively with industry and use evidence to develop BAT.
The consultation is particularly interested in views on:
The consultation is particularly interested in views on:
- the proposed organisation and governance process
- public participation
- scrutiny
- policies on implementing BAT
- how the process will be evaluated
In November 2019, we launched this innovative offering for clients seeking access to advice for an agreed annual fee.
This is an alternative to our standard retainer system and offers clients an opportunity to obtain advice where the cost is pre-determined for the whole year. This arrangement would suit clients who may from time to time need to seek legal advice but may hold off preferring a ‘wait and see’ approach.
In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
If you have a corporate or commercial issue which Dyne Solicitors is unable to handle, then Butcher & Barlow’s Commercial team will certainly be able to step in and assist.
DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
This is an alternative to our standard retainer system and offers clients an opportunity to obtain advice where the cost is pre-determined for the whole year. This arrangement would suit clients who may from time to time need to seek legal advice but may hold off preferring a ‘wait and see’ approach.
In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
If you have a corporate or commercial issue which Dyne Solicitors is unable to handle, then Butcher & Barlow’s Commercial team will certainly be able to step in and assist.
DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
