New publications this month:

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)

Reforming the waste exemptions system (England and Wales)

This policy paper, which was covered briefly in the July 2025 update, sets out plans to reform the waste exemption regime across England and Wales. These changes will be implemented through future amendments to the Environmental Permitting (England and Wales) Regulations 2016.

A summary of the anticipated changes is presented here. Full details of planned modifications to each exemption affected are set out in Annexes to the paper online.

General Changes

General changes will include:

• A prohibition on exemptions being registered at or adjacent to permitted sites. This will apply six months after future amending legislation comes into force;
• A limit on the number of exemptions that may be used on each site, including the application of limits based on the lowest limit from the registered exemptions. This will also apply six months after the future amending legislation comes into force;
• Expanded record-keeping requirements on waste exemption holders, including a duty to make these available on request for all exemptions. This will apply as soon as the future amending legislation comes into force; and
• Updates to apply consistent waste codes and conditions across the exemptions. This will apply as soon as the future amending legislation comes into force.

Charges now apply to the registration of waste exemptions.

Changes to individual exemptions

Conditions will change for seven exemptions, as summarised in the table below:

Changes to Non-Waste Framework Directive (NWFD) Exemptions

NWFD exemptions authorise activities that may be undertaken without the need to register an exemption or obtain an environmental permit.

As part of the reforms, the storage limits in Non-Waste Framework Directive (NWFD) exemption 3 (temporary storage of waste at a site controlled by the producer) and NWFD exemption 4 (temporary storage at a collection point) will increase from 50 cubic metres to 100 cubic metres.

Exemptions to be removed

The U16 – Use of depolluted end-of-life vehicles for parts; T8 – Mechanically treating end-of-life tyres; and T9 – Recovery of scrap metal exemptions will be removed.

Environmental permits will be required to continue activities authorised by these exemptions within three months of the amending legislation coming into force or these activities will be required to cease.

Reforming the waste carrier, broker and dealer system

This new paper details plans to improve the waste carrier, broker and dealer system in England, which will include:

• Moving from a registration to a permit-based system, which will concern waste controllers, waste transporters or combined waste controller-transporters only;
• The introduction of a range of exemptions or lower-level permits for certain organisations, including charities, local authorities and waste managed by persons who produce it in the course of business.
• Introducing enhanced background checks to operate as a waste carrier, broker or dealer; and
• Introducing a technical competence requirement.

These changes will be delivered through changes to legislation. A timescale for these changes is not confirmed in this guidance.

Natural Capital and Ecosystem Assessment (NCEA) programme

Details are provided for the NCEA programme, which intends to survey England’s land, freshwater, and coastal ecosystems to produce a baseline assessment of natural assets by 2029.

Principles for identifying and selecting compensatory marine protected areas

The stated principles will be used by government to identify and select potential marine protected areas to compensate for the effects of offshore wind development on seabed habitats.

DEPARTMENT FOR BUSINESS AND TRADE, ENVIRONMENT AGENCY AND DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY

Business to consumer (B2C) and business to business (B2B) EEE and WEEE: how to correctly identify

This guidance was updated during August 2025, reflecting the addition of product category 15 (vapes and electronic cigarettes) to the WEEE regime. Other changes have also been made with the objective of improving clarity.

OFFICE FOR PRODUCT SAFETY AND STANDARDS (OPSS) AND DEFRA

Regulations: Waste Electrical and Electronic Equipment (WEEE)

This guidance now reflects obligations on operators of online marketplaces (OMPs) who place Electrical and Electronic Equipment (EEE) on the UK market from non-UK based suppliers.

DEFRA AND ENVIRONMENT AGENCY

Construction and demolition waste: how to classify

A table in this guidance has been updated to remove entries concerning persistent organic pollutants (POPs) that are no longer applicable.

WEEE: collecting used and waste electrical and electronic equipment

Superseded elements of the guidance have been removed, while an updated definition of ‘private household’ WEEE is used.

WEEE: apply for approval as a producer compliance scheme

This guidance now reflects current charging schemes, regulatory contacts and penalties for offences.

ENVIRONMENT AGENCY

Comply with the Energy Savings Opportunity Scheme (ESOS)

Extensive changes have been made to this guidance. This includes:

• the introduction of a participant requirements checklist;
• updated de-minimis thresholds for significant energy consumption;
• the application of mandatory energy intensity ratio calculations for  buildings, transport, industrial processes and other uses;
• The removal of green deal assessments and Display Energy Certificates (DECs) as routes to comply in ESOS Phase 4;
• Further details on the contents of evidence pack;
• Extended MESOS notification requirements for future phases; and
• The addition of details for mandatory action plans and progress updates.

Waste exemptions: how to choose, register and pay

This guidance now clarifies that VAT is not chargeable on waste exemption registrations.

Waste quality protocols review

The Environment Agency has announced that “resource frameworks for anaerobic digestate, biomethane and compost will be published soon.”

Waste Electrical and Electronic Equipment (WEEE) guidance

Electrical and electronic equipment (EEE): producer responsibilities

This guidance now reflects requirements on OMPs, current legislation and the addition of a specific category (15) for vapes and electronic cigarettes.

Electrical and electronic equipment (EEE) covered by the WEEE regulations

This guidance now reflects the addition of product category 15 (vapes and electronic cigarettes) to the WEEE regime.

Report the amount of EEE you place on the market

This update clarifies when EEE is considered to be ‘placed on the market’ by an overseas producer. This now includes further routes of supply.

WEEE: evidence and national protocols guidance

This guidance reflects the addition of product category 15 and sets corresponding recovery and recycling rates. The conditions that must be met for AATFs to issue evidence on household WEEE to include 'WEEE collected from final holders' have also been updated.

U8: using waste for a specific purpose

This document has been updated to clarify it. This includes further details of when this exemption is not needed, alongside charging and registration requirements.

T29: carbon filtering non-hazardous pesticide washings

Guidance on this waste exemption has been updated to remove incorrect information that implied the exemption allows the disposal of treated pesticide washings to land.

Environment Agency fees and charges

Charges set out now include the water industry enforcement levy, which is applicable to sewerage undertakers with certain permitted discharges.

Waste electrical and electronic equipment (WEEE): reuse and treatment

Corrections were made to this document. This includes statements on the maximum fines for offences.

Abstract or impound water: hydrological and hydraulic information needed for your licence application

The Environment Agency may require hydraulic information for abstraction or impounding licence applications involving a structure. This document now explains hydraulic information that may be needed.

English flood risk assessment guidance

The following guidance has been updated to reflect planned changes to the Flood Map for Planning, National Planning Policy Framework changes, the introduction of a flood risk assessment template and the new national standard for Sustainable Drainage Systems (SuDS):

• Flood risk assessments: applying for planning permission
• Flood risk assessment: Flood Zones 1, 2, 3 and 3b
• How to prepare a strategic flood risk assessment
• Preparing a flood risk assessment: standing advice

Regulatory Position Statements (RPSs)

The following RPSs were updated during August 2025:

• Storing fly-tipped waste and waste from trash screens and litter bins: RPS 60 - GOV.UK: Updated, applies further pollution control requirements. The next review date was set as 12 August 2028.
• Storing and bulking sweeping waste by the waste producer: RPS 65: Updated with revised EWC codes. The next review date was set as 31 August 2028.
• Using wetlands to improve treated effluent discharge: RPS 260: Updated to include a requirement to monitor for orthophosphate, temperature and dissolved oxygen. The next review date was set as 31 August 2027.

DEPARTMENT FOR ENERGY SECURITY AND NET ZERO

UK Emissions Trading Scheme (UK ETS): policy overview

This new document provides an overview of the UK Emissions Trading Scheme, its role in decarbonisation and future plans for the scheme.

UK ETS technical guidance: Monitoring and Reporting Regulation (MRR) 2018

UK installation operators may benefit from this new technical guidance, which aims to support compliance with the 2018 MRR under the UK Emissions Trading Scheme.

Using UK greenhouse gas inventory data in UK ETS monitoring and reporting: the country-specific factor list

Carbon emission factors and calorific values from the UK Greenhouse Gas Inventory have been published for 2025.

Heat networks regulation: technical standards

This guidance now links to the Heat Network Technical Assurance Scheme (HNTAQS) training hub.

SCOTTISH GOVERNMENT

Waste Reprocessing Infrastructure in Scotland

This report provides an assessment of waste reprocessing infrastructure in Scotland. This was prepared to fulfil obligations under the Circular Economy (Scotland) Act 2024.

WELSH GOVERNMENT

Monitoring and maximising the performance of roof-top solar arrays: guidance and tools

A new spreadsheet-based tool for the analysis of roof-top solar operation has been published

Development in special areas of conservation (SAC) rivers: planning guidance

Guidance is provided on delivering developments, particularly affordable housing, within SAC river catchments affected by phosphorous.

Development in special areas of conservation (SAC) rivers: interim planning policy statement

This interim planning policy statement aims to support the delivery of appropriate developments in SAC river catchments, while confirming that permitted development rights remain restricted.

Cumbrian man sentenced for illegal waste operations

A man has been sentenced in relation to multiple waste offences in Lancaster.

An Environment Agency investigation found that thousands of tonnes of combustible waste was stored in breach of permit conditions. Large quantities of combustible waste were stored far in excess of the 500-tonne, seven-day limit set in the site’s environmental permit. These operations continued, even after a suspension notice was issued.

In February 2022, the Environment Agency suspended the environmental permit for the site in the Lune Industrial Estate because of the significant fire risk. However, waste imports continued until April 2022, and then under a second company until October 2022.

The site’s permit was revoked by the Environment Agency in November 2022.

The abandoned waste led to a major fire in December 2023, which caused significant disruption to neighbouring businesses and left firefighting and clean-up costs of over £2 million.

Between September 2021 and October 2022, the man, as a company director, was found to have deliberately breached environmental permit limits, operated unpermitted waste sites, repeatedly failed to comply with enforcement notices and deposited waste without the necessary authorisations.

Further offences involve waste storage breaches at Unit C4 on the Lune Industrial Estate and the illegal use of Unit C3, which had no permit in place.

Breaches

The man pleaded guilty to depositing controlled waste without an environmental permit, contrary to Section 33(1)(a) of the Environmental Protection Act 1990 at Unit 37, Lune Industrial Estate.

The man also pleaded guilty to breaching the Environmental Permitting (England and Wales) Regulations 2016, relating to the operation of waste sites at Units C3 and C4, Lune Industrial Estate.

Penalty

The man was sentenced to 16 months imprisonment, suspended for 12 months, and 200 hours unpaid work. He was also banned from being a company director for 5 years.

Sheffield waste company receives six-figure fine for dumping waste

A major fine has been issued against Fletcher Plant Limited as the latest result from a major investigation by the Environment Agency. The company had previously been found guilty in June 2024 after a trial of failing to comply with duty of care regulations for controlled waste between 1 October 2019 and 1 May 2020.

An Environment Agency investigation, named Operation Lord, involved officers spending months building evidence of the illegal waste site. The findings led to 12 people and 1 company, Fletcher Plant, being charged, of which 10 pleaded guilty. Following an 8-week trial which concluded on 28 June 2024, the remaining 3 defendants were found guilty.

Intelligence gathered revealed that lorry-loads of shredded waste were regularly being accepted onto a site in Lincolnshire the size of a football pitch. It was calculated that Fletcher Plant, over a period of 6 months, organised the transport of over 1,400 tonnes of controlled waste.

The judge accepted that the company did not know the site was operating illegally, but its officers had a legal requirement to carry out a duty of care. The company said it had built a good reputation, and it was the first time it had been prosecuted in over 40 years. A new management team has also been put in place.

Breach

Fletcher Plant Limited, acting as a waste broker, had control of controlled waste and failed to take all such measures applicable to it as are reasonable in the circumstances to prevent a contravention by any other person of Regulation 12 of the Environmental Permitting Regulations 2016, contrary to Section 34(1)(aa) and Section 34(6) of the Environmental Protection Act 1990.

• Regulation 12 of the Environmental Permitting Regulations 2016 requires that regulated facilities, water discharge activities and groundwater activities are not undertaken except under and in accordance with an environmental permit.
• Section 34(1)(aa) of the Environmental Protection Act 1990 makes it the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste or, as a dealer or broker, has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances to prevent any contravention by any other person of Regulation 12 of the Environmental Permitting Regulations 2016 or of a condition of an environmental permit.
• Section 34(6) of the Environmental Protection Act 1990 makes persons failing to comply with Section 34(1) liable to fines.

Penalty

Fletcher Plant Limited was fined £80,000, ordered to pay costs of £50,000 and a confiscation order of £37,587.13.

So far, 11 people have been sentenced to a total of 14 years’ imprisonment for their involvement in this illegal operation.

Man from Telford fined for failing to clear an illegal waste site

A Telford man has been ordered to pay £1,000 for failing to clear an illegal waste site following a previous prosecution.

The man pleaded guilty to failing to comply with a court order to clear waste from the site on Granville Road, Donnington Wood. He had previously admitted, at a hearing on 16 June 2025, to running a waste operation without a permit, contrary to the Environmental Permitting (England and Wales) Regulations 2016. For that offence, he received a 12-month community order to do 100 hours of unpaid work. He was also ordered to pay £1,470 in costs and £114 victim’s surcharge.

The earlier case was adjourned on the condition that the man removed all the waste from the site by 26 July 2020. He was also ordered not to bring any additional waste onto the site.

Between July 2020 and June 2024, Environment Agency officers made several checks on the site to find that the waste had not been removed.

The defendant said in mitigation that following the collapse of his business he was not in a financial position to clear the site of waste.  It was said some 75% of the waste had now been removed.

Breach

The man was charged with disobeying the order of Telford Magistrates Court under Regulation 44 of the Environmental Permitting (England and Wales) Regulations 2016:

•  Regulation 44 provides courts with powers to order the cause of the offence to be remedied.

Penalty

For this offence, the man received a 12-month community order to do 100 hours of unpaid work. He was also ordered to pay £1,470 in costs and a £114 victim’s surcharge.