UK Statutory Instrument 2016 United Kingdom

Environmental Permitting (England and Wales) Regulations 2016

What this means for your business

11 obligations
5 penalties
5 can imprison
68 guides
Enforced by
Environment Agency, DEFRA, NRW
Applies to
United Kingdom
On this page
11 compliance obligations, 68 practical guides across 4 topics
Read full text on legislation.gov.uk

What you must do

11 compliance obligations under this legislation — 5 can result in imprisonment.

Management duties 2

Comply with environmental permit revocation notice

5 years imprisonment

If the Environment Agency (or the relevant regulator in Scotland, Wales or Northern Ireland) decides to revoke your environmental permit – either wholly or partly – they must give you at least 20 working days' notice. You must stop the revoked activity by the date set in that notice and follow any new or changed conditions that come with the revocation.

Any Person s.22 NRW Receipt of a revocation notice from the environmental regulator

Obtain and comply with environmental permit conditions

If your business runs a plant, waste facility, or other operation listed in Schedules 7 to 25B and that activity needs an environmental permit, you must secure the permit and follow every condition set out in the relevant schedule. In practice this means checking whether your activity is listed, applying for the permit, and keeping up with any monitoring, reporting or control measures required.

Occupier s.35 NRW Your business operates a regulated facility described in Schedules 7‑25B that requires …

Notifications 3

Notify regulator before surrendering an environmental permit

5 years imprisonment

If your business holds an environmental permit for activities such as a Part B installation, mobile plant, solvent emissions, or the listed water, flood‑risk or combustion plant activities, you can give up (surrender) part or all of that permit. You must send the regulator a completed notification form that states the surrender date, and that date must be at least 20 working days after you give notice (or later if a specific flood‑risk completion date applies). The permit will stop on the date you set unless the regulator issues a variation that pushes the date back.

Any Person s.24 NRW When you intend to surrender all or part of an environmental permit …

Notify regulator of permit vesting after operator’s death

5 years imprisonment

If you are the personal representative of a sole operator who held an environmental permit and that operator dies, you must tell the relevant regulator (Environment Agency, Natural Resources Wales, SEPA or NIEA) as soon as practicable that the permit has passed to you. You also need to arrange for the permit to be transferred, or submit an application to transfer it, within six months of the death or the permit will automatically cease.

Any Person s.71 NRW Death of a sole individual who holds an environmental permit

Notify regulator to keep information confidential

When the regulator decides your information can be treated as confidential, it will automatically stop being confidential after up to four years (or a shorter period set in that decision). If you still want the information to stay confidential, you must give the regulator a notice before that period ends. The regulator will then treat your notice as an objection and continue to keep the information confidential.

Any Person s.55 NRW If you want the information to remain confidential beyond the regulator’s expiry …

Other requirements 1

Appeal confidentiality decisions within 15 working days

If the environment regulator decides that information you hold should be kept confidential, you must let them know within 15 working days that you want to appeal. Your appeal must be in writing, explain why you’re appealing and say whether you want a hearing or to rely on written submissions. Until the appeal is decided, the regulator cannot publish the information on the public register.

Any Person s.53 NRW When a regulator makes a confidentiality determination under regulation 50

Payments and fees 2

Pay regulator fees for environmental permits

If your business needs an environmental permit – whether you are applying for a new one, changing an existing permit, transferring it, surrendering it, or simply keeping it active – you must pay the fees set by the local authority’s fee scheme. Failure to pay can lead to the regulator suspending or revoking your permit, which could stop your operations.

Any Person s.66 NRW When you apply for, vary, transfer, surrender or maintain an environmental permit

Pay regulator’s costs for pollution prevention or remediation steps

If the Environment Agency (or the relevant regulator in Scotland, Wales or Northern Ireland) decides there is a serious risk of pollution from your plant, or suspects you have caused pollution, it can order actions to stop the risk or fix the damage. The regulator must give you at least five working days’ notice and can recover the cost of those actions from you, unless you can show there was no real risk or the costs were unnecessary.

Any Person s.57 NRW When the regulator identifies a risk of serious pollution or suspects a …

Offences and prohibitions 2

Cause corporate environmental offence by consent, connivance or neglect

5 years imprisonment

If your company breaches any of the Environmental Permitting Regulations and an officer (such as a director, manager or chief executive) either gave consent, turned a blind eye, or was negligent, that officer is also guilty of the offence. The officer can be prosecuted and punished in the same way as the company itself.

Director/Officer s.41 NRW

Contravene regulation 12(1) or cause/permit contravention

5 years imprisonment

If you break regulation 12(1) – for example by carrying out an activity that the regulation says you must not – or if you knowingly allow someone else to break it, you commit an offence. A conviction can lead to an unlimited fine and/or imprisonment, depending on how the court decides.

Any Person s.38 NRW

Reporting and filing 1

Respond to regulator’s confidentiality notice within 15 working days

If the regulator tells you they think the information you supplied may be confidential, you must reply within 15 working days. You can either agree to have it placed on the public register or formally object to its disclosure.

Any Person s.49 NRW You receive a notice from the regulator that your information may be …

Penalties for non-compliance

5 penalties under this legislation. 5 can result in imprisonment. 5 carry an unlimited fine.

Prison risk

Comply with environmental permit revocation notice

Unlimited fine and/or 5 years imprisonment

Either way s.22 Penalises: Comply with environmental permit revocation notice
Prison risk

Notify regulator before surrendering an environmental permit

Unlimited fine and/or 5 years imprisonment

Either way s.24 Penalises: Notify regulator before surrendering an environmental permit
Prison risk

Notify regulator of permit vesting after operator’s death

Unlimited fine and/or 5 years imprisonment

Either way s.71 Penalises: Notify regulator of permit vesting after operator’s death
Prison risk

Cause corporate environmental offence by consent, connivance or neglect

Unlimited fine and/or 5 years imprisonment

Either way s.41 Penalises: Cause corporate environmental offence by consent, connivance or …
Prison risk

Contravene regulation 12(1) or cause/permit contravention

Unlimited fine and/or 5 years imprisonment

Either way s.38 Penalises: Contravene regulation 12(1) or cause/permit contravention

Practical guidance

Our guides explain how to comply with the requirements above.

Sector-Specific 48

Building control and Building Regulations approval

How to get Building Regulations approval for construction work - application types, competent person schemes, inspection process, and …

Environmental compliance for construction sites

Your environmental obligations for construction sites including site waste management, environmental permits, dust control, and noise management.

Packaging Producer Responsibility

Register for EPR, report packaging data, and meet recycling obligations through PRN/PERN purchases or compliance schemes.

Prepare for farm inspections and audits

How to prepare for regulatory inspections and farm assurance audits. Covers which bodies inspect farms, what triggers inspections, …

Electricity Supply Licence

Businesses supplying electricity to consumers in Great Britain require a Supply Licence from Ofgem.

Environmental Permit - Medium Combustion Plant

Medium combustion plant (MCP) with thermal input between 1MW and 50MW require an environmental permit from the Environment …

Environmental Permit - Part A(1) Installation

Large combustion plant (50MW thermal input and above) and other major industrial installations require a Part A(1) environmental …

Grid Connection Agreement

All electricity generators connecting to the GB electricity network require a connection agreement with either National Grid ESO …

Hydrogen Production Licensing and Compliance

Licensing, safety, and environmental requirements for hydrogen production facilities in the UK. Includes Low Carbon Hydrogen Standard certification, …

Development Consent Order (DCO)

Offshore wind farms exceeding 100MW and other Nationally Significant Infrastructure Projects (NSIPs) require a Development Consent Order from …

Crown Estate Seabed Lease

All offshore wind developments in English and Welsh waters require a seabed lease from The Crown Estate.

Marine Licence

Activities in the marine environment (below Mean High Water Springs) require a Marine Licence from the Marine Management …

Brewery licensing and compliance

Complete licensing, registration, and duty requirements for operating a brewery in the UK, including APPA registration, food safety, …

Food and drink business licensing and compliance

Navigate the complete range of licences, registrations, certifications, and consents required for food and drink businesses across production, …

Food and drink regulations and traceability

Comply with HFSS labelling, traceability requirements, alcohol duty obligations, packaging regulations, waste disposal, and animal by-products rules.

Commercial fishing licence and compliance

How to get a commercial fishing licence and comply with UK fishing regulations. Covers vessel licensing, quota allocation, …

Run an MOT Testing Station

Maintain DVSA compliance, manage testers, handle inspections, and avoid disciplinary action as an MOT Authorised Examiner.

EV Charging Infrastructure

Install EV chargepoints and access government grants.

COMAH Compliance for Chemical Sites

Meet COMAH requirements for sites holding dangerous substances.

Understand deep land rights and petroleum licensing for onshore energy

How deep level land access rights work for petroleum and geothermal exploration. Covers the 300m depth threshold, PEDL …

Set up camping or glamping on your farm

How to comply with planning permission, licensing, and safety requirements when offering camping or glamping on agricultural land. …

SFI closure and transition to future farming schemes

What the SFI closure means for farmers and how to plan for the transition. Covers what happens to …

Comply with farming environmental regulations

How to comply with environmental regulations for fertiliser storage and application, pesticide use, cross-compliance standards, and nutrient management …

Drainage and utilities compliance checklist

Pre-start compliance checklist for drainage and utility infrastructure works. Covers Section 104 sewer adoption, Approved Document H, confined …

UK REACH Chemical Compliance

Understand and comply with UK REACH chemical registration requirements for manufacturers and importers.

Environmental Permits for Manufacturing

Understand when you need an environmental permit and how to apply for one.

Understand farm rules after cross-compliance ended

What environmental, animal health, and land management rules still apply to farms now that cross-compliance has ended. Explains …

Start a construction business

Essential compliance requirements for starting a construction business in the UK, including CDM regulations, health and safety obligations, …

Get an electricity generation licence

How to determine if you need an electricity generation licence from Ofgem (GB) or the Utility Regulator (NI). …

Piling and earthworks compliance

Regulatory requirements for piling operations and earthworks on construction sites. Covers vibration monitoring under BS 5228 and BS …

Install renewable energy on your farm

How to get planning permission and financial support for solar panels, wind turbines, and other renewable energy on …

Comply with Farming Rules for Water

How to comply with the 8 Farming Rules for Water that apply to all farmers in England. Covers …

Prepare for the end of BPS delinked payments

What farmers need to know as delinked payments end in 2027. Covers payment reduction schedules (76% in 2025, …

Understand Landscape Recovery funding for large-scale environmental projects

What Landscape Recovery is and whether it could suit your land. Covers the three-phase process (project development, implementation, …

Compare ELM schemes to choose the right environmental funding

Comprehensive comparison of England's Environmental Land Management schemes - Sustainable Farming Incentive (SFI), Countryside Stewardship (CS), and Landscape …

Apply for Countryside Stewardship Higher Tier

How to apply for Countryside Stewardship Higher Tier (CSHT) agreements in England. Covers invitation priorities, the 99 base …

Understand your farm's regulatory obligations

A regulatory map for UK farms, showing which of 10+ regulatory bodies apply by farm type. Links to …

Slurry and silage storage compliance (SSAFO)

How to comply with SSAFO regulations for storing silage, slurry, and agricultural fuel oil on farms. Covers construction …

Get an environmental permit for intensive livestock

Step-by-step guide for intensive poultry and pig farmers who need an Environment Agency environmental permit under the Environmental …

Apply for a flood risk activity permit

How to apply for a flood risk activity permit (FRAP) from the Environment Agency for work on or …

Registering as a waste carrier

How to register as a waste carrier, broker or dealer. Covers upper tier and lower tier registration, fees, …

Plastic Packaging Tax

Tax obligations for businesses importing or manufacturing plastic packaging with less than 30% recycled content.

Control and monitor air emissions

How to comply with air emissions permit conditions for Part A and Part B regulated activities. Covers the …

Packaging waste producer responsibilities

Who must comply with Extended Producer Responsibility (EPR) for packaging, how to register and report data, and what …

Manage your environmental permit compliance

How to stay compliant with your environmental permit conditions. Covers monitoring and recording, reporting to your regulator, paying …

Get a water discharge permit

How to get an environmental permit for discharging liquid effluent or waste water to surface water or groundwater. …

Trade effluent consent for discharging to sewers

How to get consent from your water company to discharge trade effluent into public sewers. Covers what counts …

Holiday let food hygiene, employment and insurance

Food hygiene, employment law, insurance, and environmental duties for self-catering holiday accommodation. Covers food business registration, allergens, food …

Sections and provisions

84 classified provisions from this legislation.

Duties 28

  • Schedule 18 Petrol vapour recovery
  • s.22 Revocation of an environmental permit: general variation
  • s.24 Notification of the surrender of an environmental permit
  • s.30 Variation of an environmental permit: revocation of standard rules
  • s.32 Discharge of functions reference
  • s.33 Direction to a regulator: discharge of functions by a different regulator
  • s.34 Review of environmental permits and inspection of regulated facilities
  • s.35 Specific provisions applying to environmental permits of Schedules 7
  • s.46 Duty of the regulator to maintain a public register regulator
  • s.47 Exclusion from public registers of information affecting national security The regulator
  • s.48 Exclusion from public registers of confidential information
  • s.49 Procedure if the regulator considers that information may be confidential
  • s.50 Duty to determine confidentiality
  • s.51 Determination of confidentiality the regulator
  • s.52 Procedure following a determination it
  • s.53 Appeals in relation to confidentiality the regulator
  • s.54 Consequences of an appeal
  • s.55 Reconsideration of confidentiality
  • s.56 Directions of the appropriate authority in relation to confidentiality The appropriate authority
  • s.57 Power of the regulator to prevent or remedy pollution it
  • ... and 8 more duties

Offences and penalties 4

  • s.38 Offences
  • s.39 Penalties and enforcement undertakings
  • s.40 Defences
  • s.41 Offences by bodies corporate

Powers 12

  • s.13 Grant of an environmental permit
  • Schedule 27 Public registers
  • s.29 Revocation of standard rules
  • s.36 Enforcement notices
  • s.37 Suspension notices
  • s.42 Enforcement by the High Court
  • s.44 Power of court to order cause of offence to be remedied
  • s.58 Power of the regulator to prevent or remedy effects of flood risk activities
  • s.61 Power to require the provision of information
  • s.63 Reference of applications to an appropriate authority
  • s.77 Transitional provisions: general
  • Schedule 26A Variable monetary penalties (England)

Definitions 16

  • Schedule 2 Exempt facilities: general occupier operator register
  • Schedule 3 Exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions anaerobic digestion associated storage bank
  • Schedule 4 Application to the Crown Crown premises power of entry visiting force
  • Schedule 5 Environmental permits applicant application public consultee
  • s.6 Interpretation: local authority local authority
  • s.7 Interpretation: operate a regulated facility and operator operate a regulated facility
  • s.8 Interpretation: regulated facility and class of regulated facility regulated facility
  • s.9 Interpretation: relevant function relevant function
  • Schedule 10 Landfill the Decision the Decision Annex PAHs (polycyclic aromatic hydrocarbons)
  • Schedule 15 Large combustion plants: Industrial Emissions Directive large combustion plant
  • s.45 Interpretation of this Part final confidentiality decision the information subject objection notice
  • s.64 Directions to the appropriate agency: installations outside the United Kingdom member State
  • s.70 Interpretation of this Part existing relevant time
  • s.80 Review: England regulatory provisions
  • Schedule 25A Medium Combustion Plants: Medium Combustion Plant Directive existing medium combustion plant the MCPD medium combustion plant
  • Schedule 25B Specified generators generator specified generator excluded generator

Exemptions 11

  • s.12 Requirement for an environmental permit
  • s.14 Content and form of an environmental permit
  • s.17 Single site permits etc.
  • s.20 Variation of an environmental permit
  • s.21 Transfer of an environmental permit
  • s.23 Revocation of an environmental permit: steps to be taken after the revocation takes effect
  • s.25 Application for the surrender of an environmental permit
  • Schedule 26 Enforcement undertakings
  • s.31 Appeals to an appropriate authority
  • s.67 Plans relating to emissions
  • s.79 Site plans not required for existing permits etc.