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GLOSSARY

Environmental permit definition

Published by a LexisNexis Environment expert

What does Environmental permit mean?

Subject to certain exemptions, an operator requires an Environmental Permit in order to operate a regulated facility, such as a waste management facility, or to discharge to surface water or foul water, or to abstract water from controlled waters.

The Environmental Permitting (England and Wales) Regulations 2010, SI 2010/675 have consolidated the existing permitting systems in the UK to produce a single regulatory framework. It is the operator's responsibility to apply to the regulator for a permit, and this permit will usually be granted subject to conditions. The Environment Agency regulates waste operations, water discharge operations, radioactive substances activities and the potentially more polluting Regulated Facilities (Part A1 installations, regulation of which is often still referred to as Integrated Pollution Prevention and Control (IPPC)). Local authorities regulate Part A2 Regulated Facilities (Local Authority Integrated Pollution Prevention and Control, or LA-IPPC) and the less polluting (Part B) Regulated Facilities (Local Authority Pollution Prevent and Control (LAPPC)).

Environment

Subject to certain exemptions, an operator requires an Environmental Permit in order to operate a regulated facility, such as a waste management

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Environmental permit transfer requirements—Checklist

Environmental permit transfer requirements—Checklist Environmental permits An environmental permit is required to operate a regulated facility or cause or knowingly permit a water discharge activity or groundwater activity. Former pollution prevention and control (PPC) permits, waste management licences, water discharge consents, groundwater authorisation and radioactive substances authorisations are now called environmental permits. Some facilities are regulated by the EA in England or the Natural Resources Wales (NRW) in Wales, while others are regulated by the relevant local authority. On 1 January 2017, the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 came into force, revoking and consolidating the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675 which had been amended on numerous occasions. The EPR 2016 is the principle legislation governing the environmental permitting and compliance regime which applies to various activities and industries and all offences occurring on or after 1 January 2017 will be prosecuted under the EPR 2016. Offences committed before 1 January 2017, will be prosecuted under the EPR 2010....

Reviewing an environmental report—checklist

Reviewing an environmental report—checklist Who was the report commissioned for? Your client may not be entitled to rely on the report if it was not commissioned for them. Where the report was prepared for another person, check the terms and conditions of the report or the consultant's appointment to see whether there is an express term: • allowing third parties to rely on the report, or • requiring a collateral warranty or reliance letter to be issued in a pre-agreed form Where there is no express term or pre-agreed collateral warranty, consider seeking: • a bespoke collateral warranty to extend reliance to your client • an assignment of the report to your client • a reliance letter for your client • to have the report readdressed to your client, subject to clear terms and conditions • to rely on the Contracts (Rights of Third Parties) Act 1999, unless its application was excluded in the terms and conditions It is also important to establish who the report was commissioned for as...

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Environmental Permitting Regulations 2016—permits, applications and exemptions

Relevant LegislationOn 1 January 2017, the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154, consolidated and replaced the Environmental Permitting (England and Wales) Regulations 2010. The EPR 2016 sets out a single, unified permitting regime for facilities and activities previously regulated under:•Pollution Prevention and Control Regulations 2000•Waste Management Licensing and exemption schemes •parts of the Water Resources Act 1991 that dealt with water discharge and flood defence consenting•Radioactive Substances Act 1993, and•Groundwater Regulations 2009On 30 January 2018, the Environmental Permitting Regulations (England and Wales) (Amendment) Regulations 2018 (Amending Regulations), SI 2018/110 came into force. The Amending Regulations amended the EPR 2016, SI 2016/1154, transposing Directive 2015/2193 on the limitation of emissions of certain pollutants into the air from medium combustion plants (‘the Medium Combustion Plants Directive’), and introduced domestic emission controls in respect of certain types of electricity generator. The Amending Regulations also extended the scope of EPR 2016 to include permitting requirements for the operation of medium combustion plants and generators in order to regulate emissions...

Environmental Permitting Regulations 2016—permit determinations and appeals

This Practice Note considers the procedures that apply in determining whether to grant an environmental permit under Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 and the conditions that should apply. It also covers the procedure for making an appeal against a decision. For more information on the EPR 2016, see Practice Notes: Environmental Permitting Regulations 2016—permits, applications and exemptions and Environmental Permitting Regulations 2016—enforcement, offences and civil sanctions.EPR 2016 came into force on 1 January 2017 consolidating and revoking the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675, which had been amended on numerous occasions. EPR 2016 is the principle legislation governing the environmental permitting and compliance regime which applies to various activities and industries. All offences occurring on or after 1 January 2017 are prosecuted under the EPR 2016. Permit determinationsPublic participationSome applications for the grant or variation of a permit are subject to public participation. This means that the regulator must publicise the application and invite public consultees to give their...

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EHS warranties—asset purchase agreement—seller’s version

EHS warranties—asset purchase agreement—seller’s version Definitions Environment • all or any of the following media: (a) air (including air within buildings or other structures and whether below or above ground) (b) land (including soil and sub-surface land); and (c) water (including surface water and groundwater) and any ecological systems or living organisms (including humans) supported by such media. EHS Laws • all applicable laws (whether civil, criminal or administrative), statutes, statutory instruments, directives, regulations, common law and decisions of any court relating to EHS Matters. EHS Matters • any matters relating to the Environment or health and safety. Environmental Permit • any permits, licences, authorisations or consents required at Completion by the Business in relation to the use of

EHS warranties—share purchase agreement—buyer’s version

EHS warranties—share purchase agreement—buyer’s version Definitions Environment • all or any of the following media: (a) air (including air within buildings or other structures and whether below or above ground); (b) land (including any soil and subsurface land); and (c) water (including groundwater and surface water), and any ecological systems or living organisms (including humans) supported by those media. EHS Laws • all applicable laws (whether civil, criminal or administrative), statutes, statutory instruments, directives, regulations, common law, codes of practice and guidance notes (having legal effect) and any instructions or decisions of any court or regulatory authority that relate to EHS Matters. EHS Matters • any matters relating to the Environment, energy efficiency, climate change or health and safety. Environmental Permit • any permits, licences, authorisations, approvals, permissions, certificates, registrations, notifications, exemptions or consents required by the Company in relation to the use of Properties or the conduct of the Business pursuant to EHS Law. Hazardous Substances • any substance, whether alone or in combination with any other...

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In circumstances where a company has been selling product which is contaminated with Japanese knotweed, what potential liability could the company face and could the directors be personally liable?

In circumstances where a company has been selling product which is contaminated with Japanese knotweed, what potential liability could the company face and could the directors be personally liable? Environmental liability The company could be liable under a number of environmental regimes, including criminal liability under the: • Wildlife and Countryside Act 1981 (as amended) (WCA 1981) • Environmental Protection Act 1990 (EPA 1990) • Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 Civil and other liability may also arise as set out below. Potential liability under the Wildlife and Countryside Act 1981 Offence Japanese knotweed (Polygonum cuspidatum) is an invasive non-native species (INNS). It is an offence under WCA 1981, s 14(2) if any person ‘plants or otherwise causes to grow in the wild' a plant listed in WCA 1981, Sch 9 Pt II (eg Japanese knotweed). Whether or not the company has committed an offence is likely to depend on how and where its customers have used the product and whether this has...

What does coronavirus (COVID-19) mean for environmental compliance in areas such as environmental permitting?

What does coronavirus (COVID-19) mean for environmental compliance in areas such as environmental permitting? What issues of compliance might arise? Permit holders are generally expected to comply in full with the terms and conditions of their permit. However, due to the disruption caused by the coronavirus (COVID-19), regulators acknowledge that such compliance may not be possible. There may be necessary changes in operation, such as changes to production of items necessary to deal with the COVID-19 crisis. Staff shortages may disrupt continued business operation, and may prevent compliance with the requirements of an environmental management system. Staff shortage may also affect key competencies. Waste management issues due to changes in collection and/or the generation of new types of waste, could also affect compliance. How are regulators responding? Regulators need to consider the welfare of their own staff, alongside the disruption to their own business processes as a result of COVID-19. Relevant regulators are now clarifying their position on compliance through letters, guidance and in the case of the ...

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Environmental enforcement round-up—2 June 2025

A round-up of the latest environmental enforcement, including prosecution of a water company for illegal sewage discharge and failure to maintain equipment at a pumping station in York.

Environment weekly highlights—15 May 2025

This week's edition of Environment weekly highlights includes: news analysis on the Law Society of England and Wales's publishing of their new climate change and property Practice Note, the ruling that a major brokerage firm can be held liable for millions of pounds owed to Britain's tax collector from a carbon credits tax fraud, and Dyson losing its application to take allegations of forced labour to the Supreme court. In addition this week, the Department for Transport (DfT) has introduced new legislation in Parliament aimed at increasing domestic production of sustainable aviation fuel (SAF), and the Office for Environmental Protection (OEP) has published its response to Defra’s Land Use Framework consultation. We have published a new Practice Note this week: Climate Risk and Property: Law Society practice note on climate change and property, and a new checklist: Environmental damage—Summary of enforcement options.

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