Climate Greenspace Environmental Legal Update: December 2025


Welcome to the Climate Greenspace Environmental Legal Update: December 2025 monthly email as part of your subscription to Waterman's Greenspace platform. The monthly updates show any:

  • new legal entries added to your register;
  • amendments to legal entries in your register; and
  • legal entries removed from your legal register.

It also contains links to new publications from Government and regulatory bodies and examples of relevant offences, highlighting how legislation is implemented and enforced in practice.
As well as receiving this update by email you will also find it saved on your Greenspace site under the Legal Register > Monthly Updates tab at the top of your Greenspace page.


 
 
 
 
 

 
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:

 

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:

 

Regulatory Position Statements (RPSs)

The following RPSs were published or updated during December 2025:

 

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:

The following supporting documents have been published:

 

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.

 

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:

 

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:

 

MARITIME AND COASTGUARD AGENCY (MCA)

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

 

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:

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.

 
 
 
 
 
 
Kenny Wintle
e: kenny.wintle@watermangroup.com

Waterman Infrastructure & Environment Ltd
1st Floor | Cubo | 38 Carver Street | Sheffield | S1 4FS | t: 0114 2298900
Pickfords Wharf | Clink St | London | SE1 9DG, t: 0207 928 7888

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