New publications this month:
HM TREASURY
Regulation action plan – Progress update and next steps
This document provides an update on proposed changes to the environmental permitting system. This includes planned powers enabling the Environment Agency to decide to exempt low-risk activities from the need for an environmental permit and authorisations for certain activities to go ahead, such as solar and onshore windfarms, without an environmental permit where conditions are met. Targeted exemptions are expected to concern construction site drainage, dewatering and site investigations.
Certain temporary activities, including certain flood risk activities, are also expected to become exempt from permit requirements.
DEPARTMENT FOR ENVIRONMENT, FOOD & RURAL AFFAIRS (DEFRA)
Simpler recycling: workplace recycling in England
Guidance has been added regarding recycling at construction sites, the management of contaminated recyclable waste and best practices for food waste management.
Packaging data: check reporting periods and submission deadlines
This document now includes dates for the next reporting period, including registration deadlines.
Climate change adaptation reporting – fourth round guidance summary
Guidance has been published to support climate change risk assessments in preparation for the fifth round of the adaptation reporting powers, which apply to ‘reporting authorities’ (which comprise ‘a person or body with functions of a public nature’ or ‘a person who is or is deemed to be a statutory undertaker’).
ENVIRONMENT AGENCY
Low risk waste positions: miscellaneous
The former Low Risk Waste Position (LRWP) 4 (storing and bottling wash water from flushing bottling machines) has been withdrawn as the Environment Agency no longer considers this material to be waste.
Waste: export and import
Charges for waste import and export have been updated.
Appeal a regulatory decision from the Environment Agency
This document now includes a link to the online form to submit regulatory appeals and further details of possible outcomes.
Desalination for public water supply: Environment Agency position statement
The Environment Agency’s position on desalination for public water supplies is set out.
Water recycling for public water supply: Environment Agency position statement
The regulator’s position on water recycling is set out, including current operations and future developments.
Environment Agency enforcement and sanctions policy
A new Annex sets out the Environment Agency’s approach to applying civil sanctions and accepting enforcement undertakings.
Resource Framework: End of Waste Guidance
These new documents outline how ‘end of waste’ status can be achieved for various materials. These were published as part of the ongoing review of quality protocols:
Updated Flood Risk Guidance
Further information is provided on the application of the sequential and exception tests in the flood risk assessment process.
Updated Exemption Documents
The following exemption guidance was updated during October 2025 to provide further information on registering linear networks and which activities qualify as a charity and therefore qualify for free registration.
Regulatory Position Statements (RPSs)
The following RPSs were published or updated during October 2025:
PACKUK
PackUK: Recyclability assessment methodology (RAM) roadmap 2025 to 2030
This roadmap sets out how PackUK plans to develop the recyclability assessment methodology for the extended producer responsibility scheme for packaging. Fees under the scheme will be modulated from 2026, reflecting the recyclability of packaging.
PackUK: specifying material subcategories under regulation 7(11)
Guidance is provided on applying ‘flexible’ and ‘rigid’ subcategories under the plastic packaging category within the packaging extended producer responsibility scheme.
DEPARTMENT FOR ENERGY SECURITY AND NET ZERO
Carbon budget and growth delivery plan
This plan states how the UK government intends to meet its binding carbon reduction targets and how the proposed transition is to be delivered.
The supporting methane action plan states actions being taken to reduce methane emissions.
Home Energy Model: technical documentation
Methods within the Home Energy Model have been updated to reflect a consultation undertaken in 2024.
Hydrogen Infrastructure Strategic Planning: policy statement
These documents state how the National Energy System Operator is expected to carry out strategic planning for hydrogen infrastructure.
DEPARTMENT FOR TRANSPORT AND MET OFFICE
Transport Hazard Summary Guidance
Further new documents have been provided on risks to the UK transport industry:
STREET WORKS UK
Material Classification Protocol (MCP)
The Material Classification Protocol (MCP) facilitates the classification of waste excavated during street works. This risk-based framework intends to facilitate compliant waste management and, where appropriate, reuse.
The MCP superseded and replaced two withdrawn Regulatory Position Statement (RPS) documents on 1 October 2025 (Classify excavated waste from street and utility works: RPS 298 and Storing and managing excavated waste from street works: RPS 299).
NATURAL ENGLAND
Air pollution and development: advice for local authorities
This new guidance aims to simplify the assessment of sector-specific planning applications that may affect air quality.
SCOTTISH ENVIRONMENT PROTECTION AGENCY (SEPA)
Environmental Authorisations (Scotland) Regulations (EASR) authorisations
The Environmental Authorisations (Scotland) Amendment Regulations 2025 came into force on 1 November 2025. These regulations transferred industrial emissions, waste management and water activity authorisations in Scotland into a single Integrated Authorisation Framework (IAF).
SEPA has published a host of guidance on EASR authorisations, reflecting activities authorised by general binding rules, notifications, registrations or permits. Key pages include the following:
Navigating regulatory change: Supporting your transition to the EASR
This document provides detailed guidance on the transition to the EASR, including regarding timescales for transitions and changes to applicable conditions for authorisations.
Biodegradable municipal waste landfill ban
Guidance is provided on the ban on biodegradable municipal waste going to landfill from 31 December 2025. A Temporary Regulatory Position Statement states where the ban will not be enforced for up to two years. As a result, the landfill ban is expected to take full effect from 1 January 2028.
SCOTTISH GOVERNMENT
Environmental Authorisations (Scotland) Regulations: call-in guidance
This guidance concerns the process where decisions on environmental authorisations under the EASR may be called in by the Scottish Ministers.
National litter and flytipping strategy: year 2 update and year 3 action plan 2025-2026
A progress update is provided on this strategy.
NATURAL RESOURCES WALES
Fire prevention and mitigation plans
Guidance on fire prevention and mitigation plans required for permitted sites requiring these plans has been updated.
Advice to planning authorities for planning applications affecting nutrient sensitive Special Areas of Conservation
This guidance document has been updated.
Core principles for including restoration or enhancement in a marine or coastal development proposal
Five core principles for planners when considering enhancement or restoration are set out.
WELSH GOVERNMENT
Carbon capture and storage: strategic policy position
This document sets out the Welsh Government’s policy to encourage the deployment of carbon capture and storage (CCS) infrastructure.
The Section 6 Biodiversity and Resilience of Ecosystems Duty: reporting guidance
Updated guidance is provided on how public authorities should comply with their obligation to report under the biodiversity and resilience of ecosystems duty.
Monitoring and maximising the performance of roof-top solar arrays: guidance and tools
This guidance on getting the most out of roof-top solar arrays has been updated.
Two men sentenced for illegal dumping across two counties
Two men have received suspended sentences and fines for the illegal disposal of baled waste at two sites in Sussex and Kent between April and October 2018.
Approximately 1,534 bales, equating to 997.4 tonnes of waste, were deposited at the former Bombardier site in Ashford, Kent, while an estimated 180 tonnes were deposited at Upper Lodge Farm in Ringmer, East Sussex. Neither site held the required environmental permits for the storage or management of the waste.
The baled waste comprised a range of non-recyclable materials, including builders’ waste, plastics, mattresses, foam and artificial grass.
Breaches
Pleas were accepted regarding breaches of Section 33(1)(a), Section 33(6) and Section 157 of the Environmental Protection Act 1990 across both sites:
Sentencing and fines
The 65-year-old man received a two-year prison sentence, suspended for 18 months and was required to complete 240 hours of unpaid work, to run concurrently for both offences. He was also ordered to pay £1,000 in costs over 12 months and a victim surcharge.
The 58-year-old man received a 35-week prison sentence, suspended for 18 months and was ordered to pay £500 in costs over six months, along with a victim surcharge.
ExxonMobil Chemical Limited fined six figures for environmental permit breaches
ExxonMobil Chemical Limited has received a major fine after continuous flaring occurred at its site in Cowdenbeath.
On 21 April 2019, ExxonMobil Chemical Limited was forced to shut down operations at its Fife Ethylene Plant, resulting in ongoing flaring for six-days. The incident caused significant disruption to the local community, with SEPA receiving over 900 complaints, the highest number ever recorded for a single environmental event in Scotland.
The incident led to smoke emissions from the flare at Ringelmann shade 4 for 110 minutes, exceeding the permitted limit of Ringlemann Shade 2 for no longer than 15 minutes, contrary to permit condition 4.1.1. The installation also failed to take appropriate preventative measures against noise emissions and failing to operate in accordance with the company’s own procedures, resulting in elevated noise from flaring, contrary to permit condition 3.1.5.
SEPA’s subsequent investigation identified the following findings:
ExxonMobil Chemical Limited subsequently made major investments including the installation of low-noise elevated flare tips and multi-million-pound upgrades to improve steam management, reduce risk and minimise the frequency and duration of flaring events.
ExxonMobil Chemical Limited pleaded guilty to breaches of Regulation 67(1)(b) of the Pollution Prevention and Control (Scotland) Regulations 2012 and Section 2 of the Pollution Prevention and Control Act 1999:
Penalty
ExxonMobil Chemical Limited was fined £176,000.
Companies responsible for polluting a tributary of the River Alyn make financial contribution towards restoration
Between 2022 and 2024, Bellway Homes Ltd and Anwyl Construction Ltd were responsible for a series of silt pollution incidents affecting the Singrett Brook and River Alyn.
The companies shared responsibility for a surface water drain linking the Maes y Rhedyn and Fern Meadow/Dol Rhedyn housing developments to the Singrett Brook, a tributary of the River Alyn in Wrexham. The incidents were caused by inadequate controls to prevent muddy water from running off their construction sites into the brook.
Despite receiving a warning letter in 2021, further pollution was confirmed on at least five occasions.
Both companies accepted full responsibility for the repeated incidents and agreed to fund local environmental improvements through an enforcement undertaking.
Enforcement Undertaking
An enforcement undertaking is a form of civil sanction under the Regulatory Enforcement and Sanctions Act 2008. It allows companies to address environmental offences by supporting projects that deliver direct environmental benefits.
Bellway Homes Ltd donated £100,000 and Anwyl Construction Ltd donated £50,000 to the Welsh Dee Trust and Groundwork to support river and habitat restoration in the local area.
Part of the funding was also allocated to a local school initiative to promote environmental engagement. An additional £5,060 was provided to cover NRW’s enforcement cost recovery.
