Energy from waste—consents

The following Energy practice note provides comprehensive and up to date legal information covering:

  • Energy from waste—consents
  • Brexit impact
  • Energy from waste projects
  • Planning permission
  • Environmental impact assessment
  • Environmental permitting
  • Ongoing regulation
  • Grid connection

Energy from waste—consents

Brexit impact

As of 31 January 2020 (exit day), the UK is no longer an EU Member State, but it has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. 11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below.

For information on how leaving the EU will affect Great Britain’s (GB) renewable energy sector, see Practice Note:Energy and Brexit—renewable energy, which tracks the key publications and announcements made to date in relation to Brexit and the Great Britain (GB) renewable energy sector. It also provides brief explanation of the key areas where Brexit will have an identified and direct legal impact on the renewables sector.

Energy from waste projects

Energy from Waste (EfW) plants fall into three broad categories:

  1. anaerobic digestion (AD) (a process that uses bacteria to decompose waste) (see Practice Note: Anaerobic digestion—technology), and

  2. landfill gas

  3. thermal treatment of waste to raise steam, which is used to generate electricity and provide heat

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