Environmental Permitting Regulations 2016—waste installations, waste operations and exempt waste operations
Produced in partnership with Craig Burman of Schofield Sweeney

The following Environment practice note produced in partnership with Craig Burman of Schofield Sweeney provides comprehensive and up to date legal information covering:

  • Environmental Permitting Regulations 2016—waste installations, waste operations and exempt waste operations
  • Applicable Law
  • Status of EU Directives following Brexit
  • Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019, SI 2019/39
  • Waste and Environmental Permitting Etc (Legislative Functions and Amendment Etc) (Eu Exit) Regulations 2020, SI 2020/1540
  • Environment (Misc amendments and Revocations) (EU Exit) Regulations 2019, SI 2019/559
  • History of waste permitting
  • Definition of waste
  • Regulated facilities
  • Installations
  • More...

Environmental Permitting Regulations 2016—waste installations, waste operations and exempt waste operations

Coronavirus (COVID-19): The Environment Agency (EA) has published a series of temporary COVID-19 Regulatory Position Statements (RPSs) to minimise risks to the environment and human health, where compliance with certain regulatory requirements is not possible due to COVID-19. COVID-19 RPSs have been issued in several sectors including waste management, water industry and agriculture. If the conditions of the COVID-19 RPS are complied with, then the EA will not normally take enforcement action. For more information on COVID-19 RPSs, see Q&A: What does coronavirus (COVID-19) mean for environmental compliance in areas such as environmental permitting?

Applicable Law

Waste law in the UK originally derives from the EU Waste Framework Directive 2008/98/EC (WFD), which defines waste as ‘any substance or object which the holder discards or intends or is required to discard’.

For more on the WFD, see Practice Note: Waste Framework Directive—snapshot.

Those who recover or dispose of waste, carry out a ‘waste operation’ and must comply with the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154. The EPR 2016 consolidates all of the amendments to the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675.

Offences committed before 1 January 2017, will be prosecuted under EPR 2010. The offences, maximum penalties and available sanctions are identical to those under EPR 2016.

Status of EU

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