The Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 consolidated and revoked the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675. EPR 2016 is the principle legislation governing the environmental permitting and compliance regime which applies to various activities and industries. Small waste incineration plants (SWIP) are covered in EPR 2016, SI 2016/1154, Sch 13. 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. Small waste incineration and co-incineration activities, unless excluded, will require an environmental permit. It is an offence under EPR 2016, SI 2016/1154 to: • operate a regulated facility or knowingly cause or knowingly permit the operation of a regulated facility without an environmental permit, or • cause or knowingly permit a water discharge activity or a groundwater activity The environmental permit must be held by the operator of a regulated facility, which is the person who has control over its operation. See

Regulatory framework Waste permitting is regulated through the Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154 (EPR 2016). Prior to 2008, waste management licences were issued to waste operators under the Environmental Protection Act 1990, and Waste Management Licensing Regulations 1994, SI 1994/1056. The Environmental Permitting (England and Wales) Regulations 2007, SI 2007/3538, one of the predecessors to the EPR 2016, SI 2016/1154, merged a number of existing environmental regulatory regimes into a single regime, including waste and integrated pollution prevention and control (IPPC) installations. Definition of waste Waste law in the UK is derived 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: EU Waste Framework Directive—snapshot. For more information on the definition of waste, see Practice Note: Meaning of waste—definition of waste. Regulated facilities An environmental permit may be necessary for any business that uses, recycles,

The regulatory regime The discharge of liquids including waste water and effluents into watercourses in the UK is governed in large part by the environmental permitting and authorisation regimes operating in the four nations of England, Northern Ireland, Scotland and Wales, although there are exceptions for circumstances in which the provisions may not apply. The governing provisions for environmental permitting and compliance in England and Wales are within the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154. EPR 2016 came into force on 1 January 2017 and consolidated all of the amendments to the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675. EPR 2010 replaced the provisions of Water Resources Act 1991 (WRA 1991) that dealt with discharge consents and water pollution offences. (The EPR 2010 were revoked in May 2024 as part of the Brexit reforms). The EPR 2016 apply to various activities and industries. The regulatory provisions in Northern Ireland fall within the framework of the Environmental Better Regulation Act (Northern Ireland) 2016.

This clause consists of amendments and additions to the ILPA standard form Limited Partnership Agreement allowing ESG issues to be investigated, raised and incorporated in investment and pricing decisions. These sustainability clauses

[means work that will improve the local or national environment or ecology, is aligned with the agreement'>Paris Agreement Goals and the UN Sustainable Development Goals and that does not contravene the UN guiding principles on business and human rights. This work includes, but is not limited to, tree planting projects, clearing and rewilding derelict land, habitat creation, or projects to install energy efficiency measures. OR means work that: (a) contributes to preserving or restoring the environment by limiting Greenhouse Gas Emissions; improving energy efficiency, minimising the use of raw materials, waste and pollution, protecting and restoring ecosystems and supporting adaptation to the effects of climate change, or (b) produces goods or provides services that benefit the environment.]

[means work that will improve the local or national environment or ecology including but not limited to, tree planting projects, clearing and rewilding derelict land, habitat creation, or projects to install energy efficiency measures. OR means work that: (a) reduces Greenhouse Gas Emissions including by improving energy efficiency, minimising the use of raw materials, waste and pollution, or protecting and restoring the environment and biodiversity; or (b) supports adaptation to the effects of climate change. It includes, but is not limited to, tree planting, clearing and rewilding derelict land, habitat creation, installing energy efficiency measures or renewable power or raising awareness of climate change. OR means work that meets the criteria for approval of a climate sabbatical in [name of document containing criteria] [and that is aligned with the Paris Agreement goals and the UN Sustainable Development Goals and that does not contravene the UN Guiding Principles on Business and Human Rights].]

An environmental audit may be undertaken: • as an element of due diligence, associated with the acquisition, divestiture or flotation of an organisation or its assets • to assess compliance with legislation and/or the organisation's own environmental requirements • as part of an organisation's environmental risk management • as a preliminary step to inform an environmental management system Types of environmental audit An environmental audit may involve: • desktop study or assessment (ie a review based on information relating to the site available from various sources, without the benefit/costs of a site visit) • phase I assessment (a review of background information coupled with a site visit during which observations are made and discussions held with site management) • phase II assessment (involving further investigation at the site such as sampling and analysis or monitoring activity. It might typically involve an intrusive investigation of soil and groundwater conditions. Other examples include confirmatory sampling for the presence of asbestos or a perimeter noise survey) For more information, see Practice Notes: • Environmental investigations—types of searches and investigations • Environmental investigations—phase 1 environmental audits • Environmental

The Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) empowered regulators to deal with offences by way of civil sanctions, instead of prosecution. In 2010, powers were given to the Environment Agency (EA) and Natural England (NE) for a number of environmental offences. In 2015, the scope of civil sanctions was extended when the EA was given power to accept enforcement undertakings in respect of environmental permitting offences. The Environmental Civil Sanctions (England) Order 2010, SI 2010/1157 apply in England and the Environmental Civil Sanctions (Wales) Order 2010, SI 2010/1821 apply in Wales. Schedule 5 of both regulations specifies which sanctions are available for each offence. The EA began using its powers in 2011 and NE started in 2012. The Natural Resources Body for Wales (NRW) has been responsible for enforcing environmental civil sanctions in Wales since 2013. Civil sanctions are designed to make environmental law enforcement more flexible and effective for both regulators and businesses. According to the EA, 'the aim of enforcement is to make sure business and industry takes appropriate

Reviewed by Professor Richard Macrory. Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enabled regulators to be given powers to deal with offences using six new civil sanctions, instead of prosecuting. In 2010 powers were given to the Environment Agency (EA) and Natural England (NE) for a number of environmental offences. In 2015, the scope of civil sanctions was first extended when the EA was given power to accept enforcement undertakings in respect of environmental permitting offences. The Environmental Civil Sanctions (England) Order 2010, SI 2010/1157 applies in England and the Environmental Civil Sanctions (Wales) Order 2010, SI 2010/1821 applies in Wales. Schedule 5 of both regulations specifies which sanctions are available for each offence. The EA began using its powers on 4 January 2011. NE started using its powers from 3 January 2012. From 1 April 2013, Natural Resources Wales (NRW) has been responsible for enforcing environmental civil sanctions in Wales. A compliance notice may be issued where the EA: • requires the offender to take action to come back into compliance, for example, where

Reviewed by Professor Richard Macrory Enforcement bodies Since 4 January 2011, the Environment Agency (EA) has been using enforcement powers under the Environmental Civil Sanctions (England) Order 2010, SI 2010/1157 and the Environmental Sanctions (Wales) Order 2010, SI 2010/1821. Natural England (NE) started using its powers from 3 January 2012. The EA and NE are responsible for enforcing environmental civil sanctions in England. From 1 April 2013, Natural Resources Wales (NRW) has been responsible for enforcing environmental civil sanctions in Wales. Civil sanctions were introduced under the Regulatory Sanctions and Enforcement Act 2008 (RESA 2008) which provides the core framework. Orders made under RESA 2008 in relation to environmental civil sanctions came into force in England on 6 April 2010 and in Wales on 15 July 2010. They aimed to make environmental law enforcement more flexible and effective for both regulators and businesses. The civil sanction regime is deliberately linked to criminal offences specified in the Orders. The regulators have discretion in how to respond to any regulatory breach, and may still prosecute

Reviewed by Professor Richard Macrory. Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enabled the provision to regulators of powers to deal with offences using six civil sanctions, instead of criminal prosecution. In 2010, such powers were given to the Environment Agency (EA) and Natural England (NE) for a number of environmental offences. The Environmental Civil Sanctions (England) Order 2010, SI 2010/1157 applies in England and the Environmental Civil Sanctions (Wales) Order 2010, SI 2010/1821 applies in Wales. Schedule 5 of both regulations specifies which sanctions are available for each offence. The EA began using its powers on 4 January 2011. NE started using its powers from 3 January 2012. From 1 April 2013, Natural Resources Wales (NRW) has been responsible for enforcing environmental civil sanctions in Wales. In 2015, the scope of available civil sanctions was extended when the EA was given power to accept enforcement undertakings in respect of environmental permitting offences. What is an enforcement undertaking? An enforcement undertaking is a written undertaking to take actions within a specified period: • to secure

What is a Fixed Monetary Penalty The Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enabled regulators to be given powers to deal with offences using civil sanctions, as an alternative to criminal prosecution. Section 39 gives power by notice to impose a fixed monetary penalty (FMP) on a person in relation to a relevant offence. A ‘fixed monetary penalty’ under RESA 2008 is ‘a requirement to pay to a regulator a penalty of a prescribed amount’. RESA 2008 provides guidance on the use of civil sanctions. It also requires the regulator to prepare and publish guidance about how a relevant offence is enforced. The Environmental Civil Sanctions (England) Order 2010 (as amended by the Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010), gave the relevant regulators (the Environment Agency and Natural England) the power to impose civil sanctions for a range of environmental offences in England. It was intended to provide a proportionate alternative to prosecution for businesses and other persons who significantly fail to comply with environmental regulation despite having a good general approach