The Environmental Permitting (England and Wales) Regulations 2010 allow the use of Exemptions in place of a permit for certain low risk activities (listed below) in England and Wales. Scotland and Northern Ireland work under different regulations.
Siginifiacnt revisions to this system will be introduced through amendments to the above regulations in late 2023/early 2024. Once these amendments come into force, the timeline for implementation is expected to be as follows:
- Those operating under the exemptions being removed - U16, T8, T9 - with have 3 months from the date the Environmental Permitting Regulation amendments come into force to apply for a permit.
- Those operating under T4, T6, T12 or D7 will have 6 months where their continued activity exceeds to new conditions.
- Those operating under a U1, S1 or S2 will have 12 months.
Currently, Exemptions can be registered on line with the Environment Agency, free for all except T11 which costs £840.
By registering an Exemption, a business effectively places themselves on the EA radar who then have the right to visit the site to ensure it is operating to necessary criteria. An Exemption lasts for 3 years.
If you require assistance with registering Exemptions, please contact 360 Environmental.
Where links are shown, these will connect to the EA explanation of the requirements.
The The Environmental Permitting (England and Wales) Regulations 2010 show all the new Exemptions in Schedule 3.
Defra have produced Draft Guidance on how the new Exemptions will work.
| New Exemption reference | Description | 2007 EP Regs Exemption | Description |
| Use of waste |
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| Use of waste for construction | Para 9 | Land reclamation or improvement | |
| Use of baled tyres in construction |
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| Use of construction waste for exhibits etc | Para 19 | Waste for construction | |
| Burning of waste as a fuel in a small plant | Para 5 | Burning waste as a fuel in an exempt appliance | |
| Use of biodiesel derived from waste |
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| Use of sludge for the purposes of re-seeding a waste water treatment plant |
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| Use of effluent to clean a highway gravel bed |
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| Use of waste for a specified purpose | Para 15 | Beneficial use of waste | |
| Use of waste to manufacture finished goods | Para 14 | The manufacture of finished goods from waste | |
| Spreading waste on agricultural land to confer benefit | Para 7 | Waste fore the benefit of land | |
| Spreading waste on non-agricultural land to confer benefit | Para 7 | Waste for the benefit of land | |
| Use of mulch |
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| Spreading of plant matter to confer benefit |
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| Incorporation of ash into soil |
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| Pig and poultry ash |
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| Use of depolluted end-of-life vehicles for vehicle parts |
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| Treatment of waste |
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| Cleaning, washing, spraying or coating relevant waste | Para 4 | Cleaning, washing, spraying or coating of waste packaging and containers | |
| Recovery of textiles | Para 20 | Laundering or cleaning waste textiles | |
| T3 | Treatment of waste metals and metal alloys by heating for the purposes of removing grease etc | Para 44 | Apply to your local authority |
| Preparatory treatments (baling, sorting, shredding etc) | Para 11 | Treatment of waste for the purpose of recovery | |
| Screening and blending of waste | Para 13 | Manufacture and treatment of construction materials and timber products | |
| Treatment of waste wood and waste plant matter by chipping, shredding, cutting or pulverising | Para 21 | Chipping, shredding, cutting or pulverising of waste plant matter | |
| T7 | Treatment of waste bricks, tiles and concrete by crushing, grinding or reducing in size | Para 24 | Apply to your local authority |
| Mechanical treatment of end-of-life tyres |
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| Recovery of scrap metal | Para 45 | Recovery of scrap metal or the dismantling of waste motor vehicles | |
| Sorting mixed waste |
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| Repair or refurbishment of WEEE | Para 40 | Repair or refurbishment of WEEE | |
| Manual treatment of waste |
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| Treatment of waste food |
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| Crushing and emptying waste vehicle oil filters |
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| Treatment of waste aerosol cans |
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| Treatment of waste toner cartridges by sorting, dismantling, cleaning or refilling |
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| Crushing waste fluorescent tubes | Para 42 | Crushing of waste gas discharge lamps | |
| Dewatering using flocculants |
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| Physical treatment of waste edible oil and fat to produce biodiesel |
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| Treatment of waste at a water treatment works | Para 10 | Sewage and water treatment works | |
| Recovery of waste at a waste water treatment works | Para 10 | Sewage and water treatment works | |
| Treatment of animal by-product waste at a collection centre | Para 23 | Recovery of waste consisting of animal by-products at a collection centre | |
| Aerobic composting and associated prior treatment | Para 12 | Composting waste | |
| Anaerobic digestion at premises used for agriculture and burning of resultant biogas | Para 12 | Composting waste | |
| Anaerobic digestion at premises not used for agriculture and burning of resultant biogas | Para 12 | Composting waste | |
| Treatment of kitchen waste in a wormery |
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| Treatment of sheep dip for disposal |
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| Sorting and de-naturing of controlled drugs for disposal |
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| Treatment of non-hazardous pesticide washings by carbon filtration for disposal |
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| Recovery of silver | Para 22 | Recovery of silver from waste printing and photographic wastes | |
| Recovery of monopropylene glycol from aircraft antifreeze fluids |
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| Treatment of waste in a biobed or biofilter | Para 16 | Biobeds | |
| Recovery of central heating oil by filtration |
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| Disposal of waste |
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| Deposit of waste from dredging of inland waters | Para 25 | Deposit of dredgings from inland waterways | |
| Deposit of waste from a railway sanitary convenience | Para 31 | Discharge of sanitary waste from passenger train | |
| Deposit of waste from a portable sanitary convenience | Para 32 | Burial of sanitary waste from removable receptacle | |
| Deposit of agricultural waste consisting of plant tissue under a Plant Health notice | Para 37 | Deposit of agricultural waste consisting of plant tissue at the place of production | |
| Depositing samples of waste for the purposes of testing or analysing them | Para 38 | Deposit or storage of waste samples | |
| Disposal by incineration | Para 29 | Burning of waste in exempt incinerator at place of production | |
| Burning waste in the open | Para 30 | Burning of waste on open land at place of production | |
| Burning waste at a port under a Plant Health notice | Para 46 | Burning plant tissue waste and wood at a dock | |
| Storage of waste |
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| Storage of waste in secure containers | Para 18 | Storage of waste in a secure container
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| Storage of waste in a secure place | Para 17 | Storage of waste in a secure place | |
| Storage of sludge | Para 8 | Secure storage of sludge | |
Further information can be found on both Simple and Complex Exemptions on the Environment Agency, SEPA and NIEA website.