Explanatory note

These Regulations amend provision in the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (“the EPR 2016”) concerning activities and operations (including waste storage operations) that may be carried out in England without an environmental permit if the operator meets certain requirements and conditions (see regulations 4 and 5 of the EPR 2016). The requirements and conditions for exemption are currently set out in Schedules 2 and 3 to the EPR 2016.

Part 2 makes provision for the Environment Agency to determine “exemption conditions” in relation to specified classes of exempt activities and operations, in place of the provisions currently set out in Schedule 3, and makes related amendments to the EPR 2016. Part 2 also provides for notification of registration or renewal of the registration of any exempt waste operation to be accompanied by a fee (regulation 11(9)(e)). Fees are prescribed by means of a charging scheme under section 41 of the Environment Act 1995 (c. 25).

Part 3 makes provision for amendments to the EPR 2016 to prohibit exempt waste operations from being carried on at sites where permitted waste operations are carried on, if there is technical connection between those operations, and to impose limits across exemptions where more than one exemption applies at a particular site.

Part 4 makes provision in relation to a further category of exempt facility, an exempt waste controlling or transporting activity, which was incorporated in the EPR 2016 by the Environmental Permitting (Waste Controlling or Transporting) and Relevant Functions of Primary Authorities (Amendment) (England) Regulations 2026 (S.I. 2026/873). Part 4 provides for this category to be included in the specified classes of exempt facilities for which the Environment Agency may determine exemption conditions, in place of the provisions in Part 6 of Schedule 3 to the EPR 2016, and makes related amendments.

Part 5 makes transitional provision relating to the changes made by Parts 2, 3 and 4. In particular, Chapter 2 provides for the Environment Agency to publish deemed exemption conditions on the day on which Part 2 of these Regulations comes into force that replicate the conditions for exemptions currently contained in Schedule 3 to the EPR 2016, and the record keeping and provision of information provisions in Schedule 2 to the EPR 2016, with the modifications set out in the Schedule to these Regulations. The modifications in Chapter 1 of Part 1 of the Schedule relate to the record keeping and information provisions of Schedule 2. The modifications in Chapter 2 are minor amendments to the existing conditions for exempt activities. Regulation 19 and Part 2 of the Schedule also remove three of the exemptions, so that the operations or activities concerned will require an environmental permit after the removal comes into effect on 6th April 2027.  Part 3 of the Schedule makes transitional provision in respect of the exempt waste controlling or transporting activities described in Part 4.

A full impact assessment of the effect that Part 3 of, and the modifications in Chapter 2 of Part 1, and in Part 2, of the Schedule to, these Regulations will have on the costs of business, the voluntary sector and the public sector is published with an Explanatory Memorandum alongside the instrument on www.legislation.gov.uk. A full impact assessment has not been produced for the other provisions of this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. A de minimis assessment of the effect of these provisions is available from the Circular Economy Directorate, Department for Environment, Food and Rural Affairs, 2 Marsham Street, London, SW1P 4DF or by email to [email protected].