(ENG) Top Global Regulatory Changes – January 2019

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Here are a few noteworthy global EHS regulatory changes from January 2019. We cover EHS legislation and standards for over 90 countries and 200 jurisdictions. If you would like to track legislative changes for specific regions, countries or jurisdictions, we are happy to help. Please send us a request for more information here and we will contact you shortly.

Canada

Amendment to – Regulations Amending the Metal and Diamond Mining Effluent Regulations
Industry – Mining

A change to this document has been announced. According to the Government of Canada, this change will « [designate water bodies] as tailings impoundment areas for the Mont-Wright Mine expansion » near Fermont, Quebec. The first effective date of the document that makes the change is December 17, 2018. More information about the change, including any additional effective dates, is available at http://www.gazette.gc.ca/rp-pr/p2/2018/2018-12-26/html/sor-dors280-eng.html.

Frankfurt

Amendment to – Statute amending the statutes on the drainage of the city of Frankfurt am Main
Industry – General

A change to this document has been announced. The effect of the change is notably to revise and add provisions related to sewer use, including fees and physical and physicochemical limit values for wastewater discharged to sanitary and combined sewers. The first effective date of the document that makes the change is January 1, 2019. More information about the change, including any additional effective dates, is available at https://www.frankfurt.de/sixcms/media.php/738/amtsblatt2018_51.pdf.

Newfoundland & Labrador

Amendment to – Policy Directive: Policy for Allocation of Water Use 09-20-2018 Amendments
Industry – General

A change to this document has been announced. The effect of the change is notably to (1) provide that this policy applies to owners of existing water rights; (2) specify that this policy does not apply to the riparian rights of a person living near a water body to use water from it, so long as this use does not significantly change the quality or quantity of water in the water body; (3) specify the order of precedence taken by water rights applications for agricultural purposes, institutional purposes, and thermal power generation purposes; and (4) update language to reflect changes to the Water Resources Act (SNL2002,cW-4.01). The changes are effective as of September 20, 2018. More information about the change, including any additional effective dates, is available at https://www.mae.gov.nl.ca/waterres/regulations/policies/water use.html

Amendment to – An Act to Amend the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act
Industry – General

A change to this document has been announced. The effect of the change is to (1) Provide that greenhouse gas emissions restrictions and reporting requirements under the Management of Greenhouse Gas Act (SNL2016,cM-1.001) apply to offshore activities including oil and gas exploration, drilling, and production, and (2) Make the Canada-Newfoundland and Labrador Offshore Petroleum Board responsible for administering these rules, and authorize them to recover associated costs from industry. The first effective date of the document that makes the change has not yet been announced. More information about the change is available at https://www.assembly.nl.ca/HouseBusiness/Bills/ga48session3/bill1841.htm.

New South Wales

Amendment to – Water Management (General) Amendment (Metering) Regulation 2018
Industry – General

A change to this document has been announced. According to the Government of New South Wales, notable effects of the change include the following: (1) “[Including] as a general dealing the amendment of an access licence to nominate a specified extraction point as a means by or from which water may be taken”; (2) “[Imposing] mandatory conditions on water supply work approvals and certain access licences requiring water taken using water supply works to be recorded if metering equipment is not installed”; (3) “[Imposing] mandatory conditions requiring metering equipment to be installed, used and properly maintained in connection with certain water supply works for which an approval is not required and in relation to holders of licences and entitlements continuing under the former Water Act 1912”; (4) “[Imposing] mandatory conditions on water supply work approvals and certain access licences and other entitlements that are the subject of mandatory metering equipment conditions to require specified information regarding the taking of water to be recorded”; (5) “[Setting] out requirements for persons who install or carry out work on metering equipment[, and specifying] “standards for metering equipment”; and (6) “[Providing] for the circumstances in which a person may take water from a metered work while it is faulty ». The first effective date of the document that makes the change is December 1, 2018. More information about the change, including any additional effective dates, is available at https://www.legislation.nsw.gov.au/regulations/2018-693.pdf.

Amendment to – Protection of the Environment Operations Legislation Amendment (Waste) Regulation 2018
Industry – General

A change to this document has been announced. The notable effects of this change include the following: (1) creating an offence of exhuming waste from a landfill site; (2) making it a condition of an environment protection licence for a construction and demolition waste facility that the requirements set out in the Standards for managing construction waste in NSW prepared by the Environment Protection Authority (the EPA) are complied with at the facility; (3) making provisions related to waste contributions payable by occupiers of scheduled waste facilities; (4) permitting (with EPA approval) the use of waste as biofilters or bedding layers in a landfill; (5) making further provision with respect to asbestos waste transportation or disposal; (6) exempting certain scheduled waste facilities from the requirement to have a weighbridge installed; (7) requiring video monitoring systems at scheduled waste facilities to be maintained; (8) making further provision with respect to exemptions relating to resource recovery; and (9) exempting the occupier of a landfill site that receives only virgin excavated natural material from certain reporting requirements. The first effective date of the document that makes the change is November 16, 2018. More information about the change, including any additional effective dates, is available at https://www.legislation.nsw.gov.au/regulations/2018-643.pdf.

New Zealand

Amendment to – Employment Relations Amendment Act 2018
Industry – General

A change to this document has been announced. The effect of the change is notably to (1) specify when and for how long employees are entitled to take rest and meal breaks, as well as situations where employers are exempt from providing these breaks; (2) provide for compensation of employees who are not provided rest or meal breaks to which they are entitled; (3) revise provisions related to collective bargaining and unions, including requirements that employees be provided with paid time to do union work and that employers pass on certain information about a union to prospective employees; and (4) revise provisions related to the protection of certain employees during restructuring. The first effective date of the document that makes the change is December 12, 2018. More information about the change, including any additional effective dates, is available at http://www.legislation.govt.nz/act/public/2018/0053/latest/whole.html.

Ontario

Amending Reg. 628 of R.R.O. 1990 (Vehicle permits)
Industry – Transportation

A change to this document has been announced. The changes (1) provide that the requirement that used, salvage or rebuilt vehicles of more than 4,500 kg have an emission inspection report issued in the 12 months preceding the application for a permit, only applies to diesel vehicles; (2) allow the renewal of a permit for a passenger car, a motorized mobile home, an historic vehicle, a motorcycle, a motor-assisted bicycle, a commercial motor vehicle with a gross weight of not more than 3,000 kg, or a combination of a commercial motor vehicle and a trailer with a gross weight of not more than 3,000 kg, even when the duration of the permit would go beyond the date when the next emission compliance proof will be due; and (3) remove the requirement that light vehicles and non-diesel vehicles of more than 4,500 kg have an emission inspection report or a conditional emission inspection report issued in the 12 months before the expiration, or the application for renewal, of a permit. The first effective date of the document that makes the change is April 1, 2019. More information about the change, including any additional effective dates, is available at https://www.ontario.ca/laws/regulation/r18518.

Amending O. Reg. 222/07 (Environmental penalties)
Industry – General

A change to this document has been announced. The changes (1) add contraventions concerning the new regulation on Air Pollution – Discharge of Sulphur Dioxide from Petroleum Facilities (OReg530/18) to the list of contraventions that are eligible for environmental penalties; and (2) specify the conditions under which these contraventions will be considered less serious, serious or very serious. The first effective date of the document that makes the change is December 21, 2018. More information about the change, including any additional effective dates, is available at https://www.ontario.ca/laws/regulation/r18531.

Scotland

New principal document and amendment – The Environmental Authorisations (Scotland) Regulations 2018
Industry – General

A change to this document has been announced. This change is part of a suite of changes to Scotland’s environmental authorisation system, including changes to the authorisation system for radioactive substance activities. The first effective date of the document that makes the change is September 1, 2018. More information about the change, including any additional effective dates, is available at http://www.legislation.gov.uk/ssi/2018/219/made.

Spain

Amendment to – Royal Decree 1364/2018, of November 2, which modifies Royal Decree 219/2013, of March 22, on restrictions on the use of certain dangerous substances in electrical and electronic equipment
Industry – General

A change to this document has been announced. The effect of the change is notably to exclude pipe organs and additional types of non-road mobile machinery from the applicability of this royal decree and to revise preventative measures and the applications exempted from some of these measures. The first effective date of the document that makes the change is November 20, 2018. More information about the change, including any additional effective dates, is available at https://www.boe.es/eli/es/rd/2018/11/02/1364.

United States

Amendment to – Frank LoBiondo Coast Guard Authorization Act of 2018
Industry – General

A change to this document has been announced. The effect of this change concerns ballast water from vessels. Notably, the change requires owners or operators of certain commercial vessels to report on their ballast water management to the National Ballast Information Clearinghouse within six hours of arriving in a U.S. port or certain other destinations. The first effective date of the document that makes the change is December 4, 2018. More information about the change, including any additional effective dates, is available at https://www.congress.gov/bill/115th-congress/senate-bill/140/text.

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