Environmental Permitting Regulations 2016—mining waste operations
Produced in partnership with Begonia Filgueira of Foot Anstey
Environmental Permitting Regulations 2016—mining waste operations

The following Environment guidance note Produced in partnership with Begonia Filgueira of Foot Anstey provides comprehensive and up to date legal information covering:

  • Environmental Permitting Regulations 2016—mining waste operations
  • Brexit impact
  • Requirement for an environmental permit
  • Regulated facilities
  • Mining waste activities
  • Extractive waste and its management
  • Mining waste operations
  • Mining waste facilities
  • Classification of mining waste facilities
  • Outside the scope of the Mining Waste Directive
  • more

The Mining Waste Directive 2006/21/EC (MWD) which deals with the management of extractive waste, is implemented in the UK through the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 which came into force on 1 January 2017.

EPR 2016, SI 2016/1154 consolidate and revoke the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675. EPR 2016, SI 2016/1154 is now 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 will be prosecuted under EPR 2016, SI 2016/1154.

Brexit impact

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.

For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

Requirement for an environmental permit

Permits are required for specified activities which are considered to have the potential to harm the environment or human health. These activities include mining waste activities.

It is an offence under EPR 2016, SI 2016/1154, reg 38 to:

  1. operate a regulated facility (EPR 2016, SI 2016/1154, reg 12(1)(a)) or