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Preview Email
Changes for December 2025 - Environmental

Pertinent Legislation Amended in December 2025
CLIMATE CHANGE LEVY (GENERAL) REGULATIONS 2001, AS AMENDED
 

The draft Climate Change Agreements (Energy-intensive Installations and Eligible Facilities) (Amendment) Regulations 2026 are planned to amend the Climate Change Agreements (Energy-Intensive Installations) Regulations 2006 and Climate Change Agreements (Eligible Facilities) Regulations 2012 on the 1 January 2027.

This legislation would apply across the UK.

What will Change?

The draft regulations were published as part of previous consultation. If adopted, these regulations would add three more energy-intensive processes to the Climate Change Agreement (CCA) scheme. These are:

  • Mechanical recycling of plastic;
  • Production of batteries for electric vehicles; and
  • Packaging of spirits.

Further amendments proposed would also seek to clarify eligibility criteria for existing processes qualifying for participation in the CCA. No organisations or sectors are planned for removal from the scheme.

Recent Publications

New publications this month:

ENVIRONMENT AGENCY, NATURAL RESOURCES WALES, DEPARTMENT FOR ENVIRONMENT, FOOD & RURAL AFFAIRS (DEFRA) & WELSH GOVERNMENT

Materials facilities: waste sampling and reporting

Guidance is provided to waste facility operators in England and Wales to determine whether they operate a materials facility, and if they do, how to comply with the respective sampling, measuring, recording and reporting requirements.

 

DEFRA

Digital waste tracking – Update on sites in scope of Phase I

Waste receivers may participate in the digital waste tracking system from April 2026, with this becoming mandatory in October 2026.

This update confirms that digital waste tracking records will be needed where waste is generated but does not leave the site where it was produced and the waste is deposited, recovered, or treated under an environmental waste permit or licence. This is necessary as the requirement for separate permitted or licensed waste returns will not be required.

 

Plastic wet wipes ban

Guidance is provided on the plastic wet wipes ban in England, which will come into force on 19 May 2027.

 

Health effects of air pollution

A series of new guidance documents describe the Daily Air Quality Index (DAQI), how short term risks from air pollution are measured and the effects air pollution may have on human health:

  • Using the Daily Air Quality Index (DAQI)
  • Health advice for the Daily Air Quality Index (DAQI)
  • Pollutant concentrations for the Daily Air Quality Index (DAQI)

 

Marine Recovery Fund: procurement approach for strategic compensatory measures

This policy statement states how strategic compensatory measures would be acquired by Defra under the Marine Recovery Fund (MRF).

 

Assess air quality impacts                                                                                

This guidance concerns techniques that analysts, consultants and academics can use to assess the effect of air pollution on human health and the environment. This guidance has been updated to add a damage costs toolkit. A flowchart has also been added.

 

ENVIRONMENT AGENCY

Packaging data: what to collect for extended producer responsibility

This guidance now reflects the delay to the introduction of nation of sale data collection and reporting for plastic and paper bags supplied in England. An RPS (RPS 330) provides further details of this delay.  

 

Broadly equivalent standards for packaging and equivalent standards for WEEE and batteries

This document lists broadly equivalent standards for packaging, Waste Electrical and Electronic Equipment (WEEE) and batteries. These standards may be used to demonstrate that overseas sites are operating to equivalent standards to the UK.

The document was updated in December 2025 to state broadly equivalent standards for packaging and equivalent standards for WEEE and batteries for Indonesia, Malaysia, Pakistan and Vietnam.

 

Controls on mercury added products

This guidance has been updated to reflect changes to legislation restricting the export, import and manufacturing of certain mercury-added products.

 

Packaging producer responsibility monitoring plan 2026

The Environment Agency’s 2026 monitoring approach for businesses affected by the packaging waste regulations in England is set out.

 

Lower Risk Waste Positions (LRWPs)

The following LRWPs were withdrawn in December 2025:

  • Storing and treating solid waste wax: LRWP 5.
  • Storing and treating waste spectacles: LRWP 76, replaced by Storing and treating waste spectacles: RPS 348.

 

Regulatory Position Statements (RPSs)

The following RPSs were published or updated during December 2025:

  • Environmental permits for ‘orphan’ waste effluent treatment plants: RPS 33: updated, with the next review date set as 31 December 2027.
  • Burning waste wood on campfires and bonfires: RPS 50: updated, with the next review date set as 31 January 2029.
  • Dewatering and depositing silts from sustainable drainage systems (SUDS) on land: RPS 55: updated, with the next review date set as 30 November 2028.
  • Heat treating waste plastics for reuse: RPS 112: updated, with the next review date set as 31 December 2027.
  • Using backup flares at exempt anaerobic digestion plants: RPS 120: updated, with the next review date set as 1 October 2028.
  • Operating a generator for research, development and testing: RPS 220: updated, with the next review date set as 31 December 2028.
  • Storing vehicles carrying waste seized by regulators: RPS 258: updated, with the next review date set as 30 April 2028.
  • Storing and treating waste clothes hangers: RPS 285: updated, with the next review date set as 1 December 2028.
  • Using whole waste tyres: RPS 301: updated to include storing and using whole waste tyres and crash protection barriers, with the next review date set as 1 December 2028.
  • Extended producer responsibility (EPR) for packaging producer data requirements for 2024 and 2025: RPS 330: Updated with a statement delaying the introduction of nation of sale data collection and reporting for the supply of plastic and paper bags in England, the next review date is set as 31 December 2026.
  • Storing and treating waste spectacles: RPS 348: new, states the Environment Agency’s enforcement position regarding collection points that store waste spectacles (EWC 20 01 99) and operators who store and treat this stream for recovery. This RPS is due to be reviewed by 1 December 2028.
  • Exceeding waste wood storage limits at permitted sites: RPS 361: new, states the enforcement position on operators who have received written authorisation from the Environment Agency to use this RPS. This RPS applies to the temporary storage of waste wood destined for incineration, biomass or panel board manufacture in quantities that exceed the limits under a permit. This RPS is due to be reviewed by 31 July 2026.

 

ENVIRONMENT AGENCY & DEPARTMENT FOR ENERGY SECURITY AND NET ZERO

National Policy Statements (NPSs)

National Policy Statements (NPSs) state how Nationally Significant Infrastructure Projects (NSIPs) developments must contribute to sustainable development. The Planning and Infrastructure Act 2025 now requires that these documents are updated every five years. The following NPSs were published in December and apply to qualifying developments in England and, where not devolved as part of the Significant Infrastructure Project system, Wales:

  • Overarching National Policy Statement for energy (EN-1), 2025
  • National Policy Statement for renewable energy infrastructure (EN-3), 2025
  • National Policy Statement for electricity networks infrastructure (EN-5), 2025

The following supporting documents have been published:

  • National Policy Statements for energy (applies to EN-1, EN-3, EN-5): habitats regulations assessment 2025: relevant to EN-1 (overarching NPS for energy), EN-3 (renewable energy infrastructure) and EN-5 (electricity networks infrastructure).
  • National Policy Statements for energy: appraisal of sustainability main report (2025 update - applies to EN-1, EN-3, EN-5)
  • National Policy Statements for energy: appraisal of sustainability post-adoption statement (2025 update - applies to EN-1, EN-3, EN-5)

 

Clean Heat Market Mechanism (CHMM) Guidance

The following guidance now reflects the second year of the clean heat market mechanism. Guidance on registration has also been updated to reflect experiences during the first year.

  • Clean Heat Market Mechanism: who it applies to, annual tasks
  • Clean Heat Market Mechanism: heat pump installation certification scheme
  • Clean Heat Market Mechanism: fossil fuel boiler sales, targets and credits
  • Clean Heat Market Mechanism: report online, get credits
  • Clean Heat Market Mechanism: compliance, enforcement and appeals

 

DEPARTMENT FOR ENERGY SECURITY AND NET ZERO

UK Emissions Trading Scheme (UK ETS): a policy overview

This policy paper reflects the outcome of the UK Emissions Trading Scheme: future markets policy consultation. This includes a decision to retain and inflation proof the Auction Reserve Price (ARP) for UK ETS allowances. The department also confirms that a quantity-triggered Supply Adjustment Mechanism (SAM) for allowances will not be adopted to mitigate cost risks under the UK ETS.

 

Draft Heat Network Technical Assurance Scheme (HNTAS) regulatory technical requirements

This series of draft documents state proposed requirements, technical obligations and/or assessment procedures for heat networks that must be met as part of the forthcoming HNTAS:

  • HNTAS: New build heat networks - draft technical specifications for Energy Centres
  • HNTAS: New build heat networks - draft assessment procedures for Energy Centres
  • HNTAS: New build heat networks - draft technical specifications for Consumer Heat Systems
  • HNTAS: New build heat networks - draft assessment procedures for Consumer Heat Systems
  • HNTAS: New build heat networks - draft technical specifications for Consumer Connections
  • HNTAS: New build heat networks - draft assessment procedures for Consumer Connections
  • HNTAS: New build heat networks - draft technical specifications for Communal Distribution Networks
  • HNTAS: New build heat networks - draft assessment procedures for Communal Distribution Networks
  • HNTAS: New build heat networks - draft technical specifications for District Distribution Networks
  • HNTAS: New build heat networks - draft assessment procedures for District Distribution Networks
  • HNTAS: New build heat networks - draft assessment procedures for Substations
  • HNTAS: New build heat networks - draft technical specifications for Substations

 

DEPARTMENT FOR ENERGY SECURITY AND NET ZERO & OFFICE FOR PRODUCT SAFETY AND STANDARDS (OPSS)

Regulations: ecodesign of energy-consuming products

This guidance now reflects an easement concerning energy labelling requirements for CE marked tumble driers placed on the Great British market on or after 1 July 2025.

 

DEFRA, MINISTRY OF HOUSING, COMMUNITIES AND LOCAL GOVERNMENT & NATURAL ENGLAND

Nature Restoration Fund: Implementation plan

This document states how Natural England will introduce the Nature Restoration Fund (NRF), which establishes an alternative approach for developers to meet environmental responsibilities relating to protected sites and species. The development also states how Natural England will develop Environmental Delivery Plans (EDPs).

 

NATURAL ENGLAND

Air pollution and development: advice for local authorities

Further guidance is provided on how to check that measures proposed will reduce emissions.

 

DEPARTMENT FOR TRANSPORT

Climate adaptation strategy for transport

This strategy states climate change adaptation actions for the transport sector.

 

Transport hazard summaries

The main risks to transport are explained with respect to the following scenarios:

  • Transport hazard summary: reservoir dam collapse
  • Transport hazard summary: volcanic eruptions
  • Transport hazard summary: landslides and earthwork failures
  • Transport hazard summary: subsidence and soil degradation

 

MARITIME AND COASTGUARD AGENCY (MCA)

The following notes and notices relevant to the environment were published or updated during December 2025:

  • MIN 723 (M+F) Ballast water management: the intra North Sea ballast water contingency area
  • MIN 731 (M) High Speed Craft Codes 1994 & 2000 - ban of PFOS in firefighting media
  • MSN 1819 Prevention of air pollution from ships
  • MSN 1819 Amendment 1 (M+F) Prevention of air pollution from ships
  • MSN 1908 (M+F) Amendment 2 - The merchant shipping (control and management of ships' ballast water and sediments) regulation 2022

 

SCOTTISH GOVERNMENT

Energy Performance Certificates (EPCs): guide

This guidance has been updated to include a statement on the changes to EPC requirements from 31 October 2026 as a result of the Energy Performance of Buildings (Scotland) Regulations 2025.

 

Planning guidance: biodiversity

This document states expectations for implementing and delivering Scotland’s National Planning Framework 4 (NPF4) policies, which support the cross-cutting NPF4 outcome 'improving biodiversity'.

 

Marine and coastal restoration plan

This plan contains actions to restore marine and coastal habitats and species across Scotland, while supporting communities to undertake restoration. The plan into five themes.

 

NETREGS, SEPA & ROBERTSON

Construction Industry Toolkit

A new series of guidance notes and animations are intended to assist the construction sector in meeting its environmental compliance obligations in Scotland. These materials concern topics including air and nuisances; cement, concrete and grout; decarbonisation; silt management; surface water management; the waste duty of care; and fuels and oils.

 

WELSH GOVERNMENT

Just Transition Framework

This framework is intended to be used to implement just transition processes throughout plans, policies and decisions in Wales. The framework includes principles for the delivery of net zero commitments.

 

Section 6 biodiversity and resilience of ecosystems duty: a guide to what is a section 6 public authority

This document sets out which public authorities have the biodiversity and resilience of ecosystems duty under Section 6(9) and Section 6(10) of the Environment (Wales) Act 2016.

 

Section 6 Biodiversity and Resilience of Ecosystems Duty: planning template for public authorities

The template provided aims to support public authorities in preparing their biodiversity and resilience of ecosystems duty plans under Section 6 to the Environment (Wales) Act 2016.

 
Offences

Operator of illegal waste site in South Yorkshire receives suspended sentence

A man has received a suspended sentence after operating a non-exempt waste operation.

A member of the public initially contacted the Environment Agency regarding the site. This prompted officers to visit the site on 20 June 2023. Large amounts of illegal waste were discovered.

The Environment Agency found that the defendant was running a conservatory business from the site as a sole trader. The man leased the site.

Officers from the Environment Agency started to monitor the site and discovered that significant waste management issues continued. Despite multiple visits and guidance letters, waste accumulation continued unabated.

When interviewed, the man cited health challenges, acknowledged operating without permits but failed to comply with waste removal deadlines.

Eviction proceedings were started in February 2025 and the landlord took back full control of the site.

Breach

The man pleaded guilty to running the site in Dinnington near Sheffield between 2023 and 2025, contrary to Regulation 12(1), Regulation 38(1)(a) and Regulation 39(1) of the Environmental Permitting (England and Wales) Regulations 2016:

  • Regulation 12(1) prohibits operating a regulated facility, water discharge activity or groundwater activity without an environmental permit or not in accordance with a permit.
  • Regulation 38(1)(a) makes it an offence to contravene Regulation 12(1).
  • Regulation 39(1) sets penalties for persons guilty of offences under Regulation 38(1), (2) or (3).

Penalty

The man was given a 17-week prison sentence suspended for 12 months. He was also ordered to do 60 hours unpaid work and to pay costs of £3,000 plus a £154 victim’s surcharge.

 

Enforcement action against illegal waste carriers in East Anglia

Throughout 2025, 172 vehicles carrying waste were stopped during 14 road checks across East Anglia. 26 drivers or companies were found to be operating without the required waste carrier’s licence.

The checks saw enforcement officers provide advice and guidance to 37 drivers and companies about transporting waste correctly. One waste carrier’s licence was revoked after the holder was found to be unsuitable.

The year-long multi-agency operation reportedly drove a marked improvement in compliance, with more waste carriers now holding the correct licence. Waste carriers are also understood to have been made aware that regular enforcement checks are taking place across the region.

The festive period saw continued enforcement activity, including a multi-agency check in Ipswich led by Suffolk Police on 4 December 2025, when the Environment Agency stopped 17 vehicles.

 

Prosecution for waste stored illegally in Flintshire

Natural Resources Wales (NRW) has prosecuted a company and its director for operating an unlawful waste site in Sandycroft and failing to comply with a legal notice to clear waste.

Between August 2023 and February 2025, Endurmeta Ltd ran a waste treatment operation at Deva Industrial Estate, Sandycroft. The company stored and treated waste including carpets, mattresses and printer cartridges under waste exemptions.

Waste exemptions allow low-risk waste activities without a full environmental permit, but only if strict conditions are met.

NRW officers found the site was not secure and waste was being stored for too long, breaching the exemption conditions.

As a result, the exemptions were cancelled and a legal notice under Section 59 of the Environmental Protection Act 1990 was issued, requiring the company to remove the waste. Endurmeta Ltd failed to comply, and most of the waste remains on site.

Breach

Endurmeta Ltd and its director pleaded guilty to operating without an environmental permit and failing to comply with the notice requiring the clearance of waste.

Penalty

Endurmeta Ltd was fined £3,350 and ordered to pay a victim surcharge.

The director was fined £3,077, ordered to pay £7,687 in costs and a victim surcharge. He was also disqualified as a company director for three years.

A court-imposed remediation order requires both the company and the director to remove all remaining waste by 29 April 2026.

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