Climate Greenspace Environmental Legal Update: February 2026


Welcome to the Climate Greenspace Environmental Legal Update: February 2026 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.


 
 
 
 
February 2026
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

New publications this month:

UK GOVERNMENT

Evaluation of the Streamlined Energy and Carbon Reporting (SECR) Framework

The government has published an evaluation of the SECR framework. This concluded that there is evidence to suggest that SECR has led to reductions in energy use and GHG emissions from organisations in scope, while improving stakeholder awareness. However, non-compliance with the SECR was higher than previously assumed.

 

HM REVENUE AND CUSTOMS (HMRC)

Carbon border adjustment mechanism (CBAM): Policy summary

This new paper summarises the forthcoming UK CBAM scheme, which is due to operate from 1 January 2027. The Annex defines commodity codes within the aluminium, cement, fertiliser, hydrogen and iron and steel sectors that will be subject to the UK CBAM on imports.

 

DEPARTMENT FOR ENVIRONMENT, FOOD & RURAL AFFAIRS (DEFRA)

Simpler Recycling for Households in England

From 31 March 2026, simpler recycling obligations are extended to households in England. Guidance on separation and collection requirements has been published in advance of this change.

 

PFAS Plan

Information is presented on the UK government’s intended approach to understanding per- and polyfluoroalkyl substances (PFAS) sources, addressing PFAS pathways and reducing exposure to PFAS. A suite of indicative actions are set out against these three objectives.

 

Approach to the UK REACH candidate list of substances of very high concern

This new policy paper confirms the government’s new approach to identifying Substances of Very High Concern (SVHCs) under UK REACH. This has applied since 24 February 2026 and intends to speed up the process by drawing information from other jurisdictions. The HSE will also be able to propose further potential SVHCs in their annual work programmes.

 

Environmental Compensatory Measures Reforms for Offshore Wind: policy background and proposed compensation hierarchy

An overview is provided of policies on compensatory measures for offshore wind. This includes the proposed compensation hierarchy.

 

February forum update on the pEPR

Defra has published a February 2026 UK-wide update on the Extended Producer Responsibility for Packaging (pEPR) scheme. This includes an update on portals and digital reporting alongside answers to common questions.

 

Circular economy: guidance for mayoral strategic authorities

Guidance is provided on how these authorities may incorporate circularity into their local growth plans and spatial development strategies.

 

ENVIRONMENT AGENCY, DEFRA & NATURAL ENGLAND

How to stop Japanese knotweed from spreading / How to stop invasive non-native plants from spreading

These guidance documents now include a link to apply online for a herbicide agreement in England, where herbicide application is required when plants are near water (within one metre from the top of the bank of the water).

 

DEFRA & ENVIRONMENT AGENCY

Digital waste tracking service

This paper collects information on the introduction of mandatory digital waste tracking across the UK. This was updated during February 2026 to:

  • Clarify how data will be collected for waste receivers that do not currently operate with software.
  • Confirm that the £26 12 monthly service charge for the service will apply to any legal entity creating or editing records on the service.
  • Provide contact details for help with the service.
  • Content was also updated across the Household waste recycling centres, Green list waste exports and imports and Timelines sections.

 

Extended producer responsibility for packaging: who is affected and what to do

Producer compliance schemes may now register producers on the report packaging data service.

The guidance was also updated to clarify the status of charities with respect to their reprocessor or exporter obligations.

 

Packaging data: what to collect for extended producer responsibility

Updates to this guidance aim to improve accuracy. This includes updated guidance on reusable packaging, hired or loaned packaging and reporting data for plastic drinks containers.

 

ENVIRONMENT AGENCY & DEPARTMENT OF ENERGY SECURITY AND NET ZERO

UK Emissions Trading Scheme for installations: how to comply

This document now reflects the introduction of the METS database system for managing UK ETS obligations, the 2026 allocation period operating separately and the requirement for free allocations for the 2027 to 2030 period to take place in two stages.

 

ENVIRONMENT AGENCY

Online application service for environmental permits

A host of guidance was updated in February 2026 to reflect the launch of the Environment Agency’s ‘Apply for and manage environmental permissions’ online service.

This new service allows applications for the following activities to be submitted in England. The service covers both standard rules permits and bespoke permits, where applicable:

Topic

Activity

Car and vehicle dismantling or metal recycling, scrap metal and WEEE

metal recycling – car and vehicle dismantling

metal recycling – mixed metals including WEEE

WEEE treatment only

Herbicide agreement

herbicide agreement (weed control or spraying)

Medium combustion plant and specified generators

stationary medium combustion plant

stationary specified generators

Mobile plant for landspreading (deployment)

mobile plant for landspreading – deployment

mobile plant for land remediation – deployment

mobile plant for land treatment – deployment

Storage or treatment of waste

dredgings

materials recycling facility

storing or treating healthcare waste

storing or treating end-of-life tyres

storing or treating tyre shred and chip

storing or treating waste mattresses

storing or treating paper, cardboard and plastic

storing or treating waste wood

treating waste to produce soil, soil substitutes and aggregate

using waste to manufacture timber or construction products

Waste transfer station and amenity site

hazardous waste transfer station

household, commercial and industrial waste transfer station

household waste recycling centre

physical treatment of waste

transfer station taking non-biodegradable wastes

 

 Medium combustion plant: apply for an environmental permit

This document has been updated to include further details of information to be provided in applications, alongside decarbonisation readiness reporting requirements now in force as of February 2026.

This guidance now also reflects the online permit application service.

 

Specified generator: apply for an environmental permit

This guidance now reflects that standard rules permits are not available for specified generators that are also medium combustion plans. Obligations on decarbonisation readiness to be addressed during applications for permits or variation applications are also now included.

 

Surface water pollution risk assessment for your environmental permit

This guidance now includes further information on preparing for and completing the screening tests and instructions on preparing data for modelling, alongside information on assessing discharges from installations and waste operations.

 

Register an exemption for an open-loop ground source heating and cooling system

This new guidance enables this exemption to be registered online in England.

 

Hazardous waste: how to complete your consignee return

The spreadsheet tool for preparing hazardous waste consignee returns has been updated.

 

Waste incinerator plant: apply for R1 status

This guidance clarifies fees for the five-yearly reassessment of R1 status for waste incinerators.

 

Environment Agency fees and charges

Charging guidance now includes an hourly rate of £118 with respect to Environment Agency regulatory work concerning non-domestic premises that are not compliant with the simpler recycling obligations in England. The supporting charging scheme was also updated to reflect this modification.

 

Updated waste exemptions

The following exemptions were updated during February 2026:

 

Updated standard rule permits for anaerobic digestion facilities

The following standard rule permits were updated to reflect decarbonisation readiness assessment and reporting requirements now applicable to applications for these permits:

 

Updated standard rule permits for medium combustion plant and specified generators

The following standard rule sets have been updated to authorise and include requirements on the use of hydrogen and gas oil substitutes, in addition to clarifications. Caps and cowls and non-vertical stacks are now permitted and MCERTS monitoring is provided as an option.

 

Regulatory Position Statements (RPSs)

The following RPSs were published or updated during February 2026:

 

DEPARTMENT FOR ENERGY SECURITY AND NET ZERO

Climate Change Agreements: technical annex

This document sets out technical rules and methodologies that apply to the operation of the Climate Change Agreement (CCA) scheme from 1 January 2026.

 

Climate Change Agreements: statutory guidance 2026

This new statutory guidance document concerns the operation of the CCA from 2026.

 

DEPARTMENT FOR BUSINESS AND TRADE

UK Sustainability Reporting Standards: UK SRS S1 and UK SRS S2

Finalised versions of the UK Sustainability Reporting Standards (UK SRS) have been published. These documents provide a framework for corporate disclosures:

 

MARINE MANAGEMENT ORGANISATION (MMO)

Creating a Defra account

Guidance provided on how a Defra account should be set up – this account is required to notify exempt activities to the MMO.

 

DEPARTMENT FOR TRANSPORT

Rail air quality policy statement

This document collects policy commitments to monitor and reduce air pollution from the railway in England.

 

Rail technical standards common framework

This framework gathers proposed approaches to:

  • rail interoperability on technical standards; and
  • authorisations for new, upgraded and renewed rail infrastructure and vehicles.

 

MINISTRY OF DEFENCE

Management of environmental protection in defence (JSP 418)

Leaflet 5 (Environmental aspects of hazardous substances and restricted materials management) and Leaflet 6 (Ozone Depleting Substances and Fluorinated Greenhouse Gases Policy) have been updated. Leaflet 7 was withdrawn as its content was integrated to leaflet 6.

 

SCOTTISH GOVERNMENT

Energy planning and consenting guidance

During February 2026, the following guidance was published supporting energy consenting and planning in Scotland:

 

WELSH GOVERNMENT

Decarbonising the public sector through multi-organisation renewable energy collaboration

Guidance is provided on collaboration within the public sector to deliver Net Zero aims.

 

Renewables: operation, monitoring and maintenance contracts

Guidance is provided for public sector and community organisations who own or are developing renewable electricity generating stations.

 

Single-use plastics: statutory guidance for organisations

This updated statutory guidance now reflects planned bans on single-use plastic carrier bags, polystyrene lids for drink and food containers and products made of oxo-degradable plastic, which are intended to apply from Spring 2026.

 

DEPARTMENT OF AGRICULTURE, ENVIRONMENT AND RURAL AFFAIRS (DAERA)

Habitats Regulations Reporting: 2019-2024

DAERA is required to undertake six-yearly reporting on habitats and species under the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995. The reports covering the period between 2019 and 2024 were published during February 2026:

 

Marine Protected Areas Strategy for the Northern Ireland Inshore Region 2025-2030

The Marine Protected Areas strategy was published during February 2026. This is intended to support the expansion, monitoring and management of marine protected areas in the Northern Ireland inshore region.

 

Public Body Climate Change Adaptation Reporting: Guidance and Supporting Documents

This document provides guidance for public bodies on meeting their reporting duties under the Climate Change (Reporting Bodies) Regulations (Northern Ireland) 2024.

 
 
 
 
 
 
 
Offences
 
 

Business and its owners sentenced for storing and disposing of waste illegally

The two operators of R & A Cleansing Services, a Cornwall-based liquid waste collection business, have been ordered to repay more than half a million pounds after an Environment Agency prosecution.

R & A Cleansing Services has operated a liquid waste collection service from the site in Callington for 25 years. The partnership comprises a husband-and-wife team who own the land and reside on site in a residential property.

Although R & A Cleansing Services are registered waste carriers, there were no permits or waste exemptions that would allow waste to be stored, treated or disposed of at their premises.

On 1 February 2023, an anonymous report was received by the Environment Agency that the defendants were illegally storing and disposing of tankers laden with liquid waste on site.

One of the defendants stated that there had not been disposal of waste, but that it was instead being stored in underground tanks. Environment Agency officers noted evidence of several underground tanks, two separate pools of heavily polluted water, tanker pipes lying on the ground, a pile of mixed domestic and building waste and evidence of the burning of waste. The field to the south of the site was viewed and the access track was thick with sludge. A tanker pipe draining into the field entrance was left lying on the ground, indicating the discharge of waste into the field.

The defendants were told to immediately cease storing and disposing of waste on site.

Waste transfer notes obtained indicated the various wastes collected by the defendants included effluent treatments, animal tissue waste including blood and septic tank sludge. The notes demonstrated that the defendants were not completing the required details either properly or at all. For example, not providing details of the quantity of waste collected, where it was going to for disposal, where it was collected from, the disposal date and incorrect waste coding.

In March 2023, an Environment Agency notice was served on the defendants requesting documentation relating to the purchase, installation or integrity of the underground storage tanks. None was forthcoming.

Breaches

The defendants pleaded guilty to breaches of Regulation 38(1)(a) and Regulation 12(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016 and Section 33(1)(c), Section 33(6), Section 34(1) and Section 34(6) of the Environmental Protection Act 1990:

Penalties

The defendants were sentenced to 10 months in prison, suspended for two years concurrent on each charge.

The defendants were also told to remediate the site within 18 months.

The couple were ordered to repay £600,000 under the Proceeds of Crime Act 2002 with costs of £10,000.

 

Illegal waste site near the M25 in Essex shut down

During February 2026, a suspected illegal dump near the M25 was shut down by the Environment Agency.

The illegal tip, which holds construction, demolition and processed waste, is located by the junction between the M11 and M25 at Stapleford Tawney. The site is now subject to a restriction order and is now inaccessible for future rubbish dumping due to the installation of large concrete blocks.

A local man had previously contacted the police regarding the site when he became suspicious at the amount of waste he saw. He’d originally gone to help the men when their lorry got stuck in mud. Environment Agency officers also passed on reports from members of the public to Essex Police.

The Environment Agency has announced more drone flights nationally to track illegal waste sites, additional specialist staff to act on organised crime gangs and new technology to match lorry licences to waste permits.  

Arrests

Two arrests were made in conjunction with the investigation: a man from Surrey and another from County Armagh. These arrests were made when Essex police attended the site following a 999 call.

A lorry, 2 phones and a laptop were all seized, to be examined for evidence connected to waste crime.

The 2 men were bailed to return to Harlow police station on 26 February 2026. They must not contact each other, transport waste, or be in a vehicle involved in waste management.

Restriction order

A restriction order for the site at Stapleford Tawney was granted by Barkingside magistrates’ court on 18 February 2026 and applies for six months.

The Environment Agency will need to return to court if it needs to extend the order.

 

Company fined for illegal asbestos waste site

A demolition company has been fined for storing asbestos waste illegally in Northumberland.

The company was running an illegal waste site at The Old Gas Works Yard in Wooler, where it was bringing construction and demolition waste containing asbestos to the site before transporting it onwards for disposal. The company did not hold an environmental permit for the site, which is required to carry out this waste activity.

The site was first reported to the HSE by a local resident, who had regularly seen waste that appeared to be asbestos being brought onto site and bulked in large containers.

The HSE inspected the site in June 2023 and confirmed that asbestos cement was being moved around the site. A prohibition notice was issued by the HSE regarding asbestos disturbance and requested that the activity must stop. The Environment Agency attended on the same date in June 2023 and issued a letter and formal notice requiring the land not to be disturbed until an inspection had taken place.

A joint HSE and Environment Agency site inspection took place on 30 June 2023. Samples of waste were taken for analysis from six skips, which later confirmed that all the samples contained asbestos.

The Environment Agency’s investigation established that more than 40 tonnes of material containing asbestos was later removed to a properly permitted site for disposal.

Asbestos is a controlled waste and must be stored double-bagged in sealed containers. Skips used to store asbestos must also be kept enclosed and asbestos waste must not be transferred between different skips or containers.

Breaches

Reddem Ltd pleaded guilty to breaching Regulation 38(1)(a) and Regulation 12(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016 and Section 33(1)(c) and Section 33(6) of the Environmental Protection Act 1990.

Penalty

Reddem Ltd was fined £4,000, ordered to pay costs of £4,000 and a victim surcharge of £1,600.

 
 
 
 
 
 
Kenny Wintle
e: kenny.wintle@watermangroup.com

Waterman Infrastructure & Environment Ltd
1st Floor | Cubo | 38 Carver Street | Sheffield | S1 4FS | t: 0330 0602764
Pickfords Wharf | Clink St | London | SE1 9DG, t: 0207 928 7888

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