# The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2026, Regulation 11: Amendment to Schedule 2 (exempt facilities: general)


(1) Schedule 2 is amended as follows.
(2) Paragraphs 1 and 2 become “Part 1” with the heading “Interpretation”.
(3) In paragraph 1, after sub-paragraph (2) insert—
“(3) Any reference to an operation or activity described in Schedule 3 is, where appropriate, to be construed as a reference to the corresponding operation or activity in relation to which exemption conditions apply.
(4) In sub-paragraph (3), “corresponding operation or activity in relation to which exemption conditions apply” includes an operation or activity described in Schedule 3 in relation to which the Agency has published deemed exemption conditions in accordance with Part 5 of the Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2026.”.
(4) Paragraphs 3 to 9 become “Part 2” with the heading “General condition and requirements”.
(5) In paragraph 4(1)—
(a) in paragraph (a), at the beginning insert “in relation to Wales only,”;
(b) after paragraph (a) insert—
“(aa) in relation to England only, that a waste operation—
(i) satisfies any exemption conditions applicable to that operation, or
(ii) falls within a description in paragraphs 3 or 7 of Section 2 of Chapter 3 of Part 1 of Schedule 3 and satisfies the general and specific conditions specified in that Part in relation to the description in question;”.
(6) In paragraph 6—
(a) for sub-paragraph (a) substitute—
“(a) that the water discharge activity satisfies any exemption conditions applicable to that activity, and”;
(b) omit sub-paragraph (b) and the “and” after it.
(7) In paragraph 8—
(a) for sub-paragraph (a) substitute—
“(a) that the groundwater activity satisfies any exemption conditions applicable to that activity, and”;
(b) omit sub-paragraph (b) and the “and” after it.
(8) Paragraphs 10 to 18 become “Part 3” with the heading “Registration, information and inspection”.
(9) In paragraph 10—
(a) in sub-paragraph (1), after “Schedule 3” insert “or to which exemption conditions apply (see paragraph 4(1)(aa)(i))”;
(b) in sub-paragraph (2), for the words after “in relation to” substitute
“—
(a) a water discharge activity described in Part 2 of Schedule 3 or to which exemption conditions apply (see paragraph 6(a)), or
(b) a groundwater activity described in Part 3 of that Schedule or to which exemption conditions apply (see paragraph 8(a)),
must notify the exemption registration authority of the relevant particulars.”;
(c) in sub-paragraph (4)—
(i) in paragraph (c), for sub-paragraphs (i) and (ii) substitute—
“(i) so far as this paragraph applies in relation to Wales—
(aa) the postcode (if applicable), or
(bb) the Ordnance Survey National Grid reference point;
(ii) so far as this paragraph applies in relation to England—
(aa) the postcode (if applicable), and
(bb) the Ordnance Survey National Grid reference point;”;
(ii) in paragraph (d), at the beginning, insert “so far as this paragraph applies in relation to Wales,”;
(iii) omit the “and” after paragraph (d) and insert—
“(da) so far as this paragraph applies in relation to England, for a waste operation, the type and quantity of waste subject to the operation, and”;
(d) in sub-paragraph (7), for “A notification” substitute “So far as this paragraph applies in relation to Wales, a notification”;
(e) after sub-paragraph (7) insert—
“(7A) So far as this paragraph applies in relation to England, a notification under sub-paragraph (1) must be accompanied by the applicable fee.”;
(f) in paragraph (8), for “sub-paragraph (7)” substitute “sub-paragraphs (7) and (7A)”.
(10) In paragraph 11—
(a) in sub-paragraph (4), after “T11” insert “or any exemption conditions applicable to the operation”;
(b) in sub-paragraph (5), for “paragraph 16(1) of this Schedule or under Part 2 or 3 of Schedule 3” substitute “paragraph 16(1) of this Schedule, Part 2 or 3 of Schedule 3 or any exemption conditions applicable to the operation or activity (see paragraphs 4(1)(aa)(i), 6(a) and 8(a))”.
(11) In paragraph 14—
(a) in sub-paragraph (1), after “Part 1 of Schedule 3” insert “or to which exemption conditions apply (see paragraph 4(1)(aa)(i))”;
(b) in sub-paragraph (3), after “Part 1 of Schedule 3” insert “or to which exemption conditions apply”.
(12) In paragraph 17(1), in the opening words, after “every exempt waste operation” insert “, other than an exempt waste operation to which exemption conditions apply (see paragraph 4(1)(aa)(i)),”.
(13) After paragraph 18, insert—
“Part 4
Exemption conditions: England
Determination and revision of exemption conditions
19 (1) The Agency may determine exemption conditions in accordance with this Part.
(2) The Agency must keep all exemption conditions under review and revise those conditions when it considers necessary.
(3) Before determining or revising exemption conditions, the Agency must carry out an assessment of the risk of environmental harm or pollution arising from carrying out the operation or activity to which the exemption conditions are to apply.
(4) In determining or revising an exemption condition the Agency must consult—
(a) such persons as it considers are representative of the interests of communities likely to be affected by, or of persons carrying on, the activity or operation to which the exemption condition is to apply, and
(b) such other persons as it considers are likely to be affected by or have an interest in the exemption condition.
(5) But the duties in sub-paragraphs (3) and (4) do not apply in relation to revisions which comprise only minor administrative changes.
(6) The Agency must publish on its website—
(a) any risk assessment carried out under sub-paragraph (3),
(b) any consultation results arising from the consultation exercise described in sub-paragraph (4), and
(c) any exemption conditions determined or revised by it under this paragraph.
(7) Exemption conditions or revisions must specify the date on which they come into effect, which may be—
(a) on publication, or
(b) on a date specified by the Agency.
(8) The duties in sub-paragraphs (3) and (4) may be satisfied by a risk assessment or consultation (as the case may be) carried out by the Agency or by the Secretary of State before 6th January 2027.
Content of exemption conditions
20 The Agency may determine such exemption conditions as it sees fit, and exemption conditions may in particular—
(a) be of general application to a range of operations or activities or specific to a particular type of operation or activity;
(b) include a requirement for registration of the activity or the operator with an exemption registration authority;
(c) specify conditions by reference to waste codes and associated descriptions;
(d) include conditions as to the provision and retention of information and records relating to the operation or activity.
Notification of revisions of exemption conditions
21 (1) This paragraph applies where the Agency proposes to revise exemption conditions under paragraph 19.
(2) Before the Agency revises exemption conditions, the Agency must notify the persons referred to in paragraph 19(4)—
(a) of the proposed revisions,
(b) of the date when the revised conditions will be published and when they take effect (in accordance with paragraph 19(7)), and
(c) that on the date the revised conditions take effect they will become exemption conditions.
Revocation of exemption conditions
22 (1) The Agency may revoke exemption conditions, but before doing so must consult the persons referred to in paragraph 19(4).
(2) Sub-paragraph (3) applies where—
(a) the Agency revokes exemption conditions in relation to an operation or activity (the “prescribed activity”), and
(b) an operator makes an application for the grant of a permit under regulation 13(1) in respect of the prescribed activity before the revocation of the exemption conditions which relate to that activity takes effect.
(3) Where this sub-paragraph applies, the operator may continue to carry on the prescribed activity on and after the day on which the revocation takes effect in accordance with the revoked exemption conditions until determination by the appropriate authority of the application referred to in paragraph (2)(b).”.

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Source: https://www.legislation.gov.uk/ukdsi/2026/9780348288001/regulation/11 (the official version)
Page: https://openlegislation.uk/draft-environmental-permitting-england-and-wales-amendment-england-regulations-2026/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.