Starting a waste business
- 12 steps
UK Statutory Instrument
2016
United Kingdom
Environmental Permitting (England and Wales) Regulations 2016
At a glance
Enforced by
Environment Agency, OEP, DEFRA, Mining Remediation Authority, Natural England, NRW
What's here
33 compliance obligations, 97 practical guides across 4 topics · 42 journeys
Penalty landscape
8 of 33 obligations carry imprisonment (5 years). 25 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 6
- Operator 3
- Director or Officer 2
Plus 22 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Packaging producer compliance journey
- 3 steps
Meet environmental compliance requirements
- 14 steps
Do I need an environmental permit?
- 4 steps
Your waste was fly-tipped - what now?
- 3 steps
Waste compliance quick check
- 5 steps
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
21 guidesApply for a flood risk activity permit
Apply for an environmental permit
Business licences by activity type
Check if you need an environmental permit
Control and monitor air emissions
Drainage and utilities compliance checklist
Environmental Permit - Medium Combustion Plant
Environmental Permit - Part A(1) Installation
Supporting — topic alignment
39 guidesChemical manufacturer: compliance checklist
Coal mining compliance checklist
Comply with Farming Rules for Water
Environmental permits and effluent controls for textile finishing and leather tanning
Get the licences, permits and meet major-hazard duties for petroleum extraction
Get the permits and consents for metal ore mining
Mentioned in related content
37 guides- Approvals and registrations you need before trading
- Brewery licensing and compliance
- Business waste management
- Compare ELM schemes to choose the right environmental funding
- Comply with farming environmental regulations
- Crown Estate Seabed Lease
- Dispose of hazardous waste
- Doing business in Wales: key differences from England
- Electricity Supply Licence
- Find licences you need for your business
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 749 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Licensing Act 2003 2003 105 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
Operators also bound by 125 other Acts (top 5 shown)
- Space Industry Regulations 2021 2021 71 duties
- Payment Services Regulations 2017 2017 41 duties
- Air Navigation Order 2016 2016 34 duties
- The Quarries Regulations 1999 1999 31 duties
- Reservoirs Act (Northern Ireland) 2015 2015 22 duties
Directors and Officers also bound by 224 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 75 duties
- Companies Act 2006 2006 63 duties
- Insolvency Act 1986 1986 46 duties
- CCBSA 2014 2014 22 duties
- CAICEA 2004 2004 18 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — General
Browse 5 other sections in this Part — procedural / definitional / commencement
Part 2 — Environmental permits
Revocation of an environmental permit: general
5 years imprisonmentOther duties (1) — Crown / regulator
- Regulators must provide 20 days' notice before revoking a permit Statutory regulator
Notification of the surrender of an environmental permit
5 years imprisonment- Notify the regulator to surrender your environmental permit Operator
Variation of an environmental permit: revocation of standard rules
Other duties (1) — Crown / regulator
- Regulator must update environmental permits if standard rules are cancelled Statutory regulator
Browse 13 other sections in this Part — procedural / definitional / commencement
Application to the Crown
Requirement for an environmental permit
Grant of an environmental permit
Content and form of an environmental permit
Mobile plant operating on the site of another regulated facility: conflict of permit conditions
Single site permits etc.
Subsistence of an environmental permit
Variation of an environmental permit
Transfer of an environmental permit
Revocation of an environmental permit: steps to be taken after the revocation takes effect
Application for the surrender of an environmental permit
Revocation of standard rules
Appeals to an appropriate authority
Part 3 — Discharge of functions in relation to a regulated facility
Discharge of functions
Other duties (1) — Crown / regulator
- Environment Agency and NRW must exercise permit and enforcement functions Statutory regulator
Direction to a regulator: discharge of functions by a different regulator
Other duties (1) — Crown / regulator
- Government may swap regulatory responsibility between agencies and councils Crown / Minister / Government department
Review of environmental permits and inspection of regulated facilities
Other duties (1) — Crown / regulator
- Regulators must review permits and inspect facilities periodically Statutory regulator
Specific provisions applying to environmental permits
- Comply with sector-specific permit requirements Any Person
Part 4 — Enforcement and offences
Offences
5 years imprisonment- Contravene regulation 12(1) or cause it Any Person
- Contravene regulation 12(1) or cause/permit contravention Any Person
Penalties and enforcement undertakings
5 years imprisonment- Breach of environmental permitting regulation Any Person
Offences by bodies corporate
5 years imprisonment- Cause corporate environmental offence by consent, connivance or neglect Director or Officer
- Officer liable for corporate environmental offence Director or Officer
Browse 6 other sections in this Part — procedural / definitional / commencement
Enforcement notices
Suspension notices
Defences
Enforcement by the High Court
Admissibility of evidence
Power of court to order cause of offence to be remedied
Part 5 — Public registers
Duty of the regulator to maintain a public register
Other duties (1) — Crown / regulator
- Regulator must maintain and provide access to a public register Statutory regulator
Exclusion from public registers of information affecting national security
- Exclude information affecting national security from public registers Any Person
Exclusion from public registers of confidential information
Other duties (1) — Crown / regulator
- Regulators must protect confidential business information from public registers Statutory regulator
Procedure if the regulator considers that information may be confidential
Other duties (1) — Crown / regulator
- Regulator must notify you if they believe information is confidential Statutory regulator
Duty to determine confidentiality
Other duties (1) — Crown / regulator
- Regulator must decide if your business information stays confidential Statutory regulator
Determination of confidentiality
Other duties (1) — Crown / regulator
- Regulators must decide if environmental information is confidential Statutory regulator
Procedure following a determination
Other duties (1) — Crown / regulator
- Regulator must notify you of confidentiality decisions within 20 working days Statutory regulator
Appeals in relation to confidentiality
- Appeal a decision to make your business information public Any Person
Consequences of an appeal
Other duties (1) — Crown / regulator
- Regulator must update the public register following a confidentiality appeal Statutory regulator
Reconsideration of confidentiality
Other duties (1) — Crown / regulator
- Regulator must review and may end information confidentiality every 4 years Statutory regulator
Directions of the appropriate authority in relation to confidentiality
Other duties (1) — Crown / regulator
- Government may disclose your confidential info if in the public interest Crown / Minister / Government department
Browse 1 other section in this Part — procedural / definitional / commencement
Part 6 — Powers and functions of the regulator and the appropriate authority
Power of the regulator to prevent or remedy pollution
Other duties (1) — Crown / regulator
- Regulators may intervene to prevent or fix pollution at your expense Statutory regulator
Appropriate agency: notices in relation to emissions to water
Other duties (1) — Crown / regulator
- Local authorities must update permits based on Agency water emission notices Local authority
Appropriate agency: public participation statement
Other duties (1) — Crown / regulator
- Appropriate agency must publish and follow a public participation statement Statutory regulator
Directions to regulators, exemption registration authorities and exemption authorities: general
Other duties (1) — Crown / regulator
- Regulators and exemption authorities must follow government directions Statutory regulator
Guidance to regulators, exemption registration authorities and exemption authorities
Other duties (1) — Crown / regulator
- Regulators must follow government guidance on environmental permitting Statutory regulator
Fees and charges in relation to the exercise of regulator's functions by local authorities
- Pay required fees and charges for environmental permits Operator
Consultation in relation to works affecting flood and coastal erosion risks
Other duties (1) — Crown / regulator
- Regulators must consult each other on cross-border flood risk activities Statutory regulator
Functions with respect to flood risk activities
Other duties (1) — Crown / regulator
- Regulators must consider fishery interests in flood risk decisions Statutory regulator
Browse 5 other sections in this Part — procedural / definitional / commencement
Power of the regulator to prevent or remedy effects of flood risk activities
Power to require the provision of information
Reference of applications to an appropriate authority
Directions to the appropriate agency: installations outside the United Kingdom
Plans relating to emissions
Part 7 — Miscellaneous provisions
Death of sole operator
5 years imprisonment- Notify the regulator and transfer permit following the death of an operator Operator
Browse 10 other sections in this Part — procedural / definitional / commencement
Interpretation of this Part
Repeal
Revocations
Saving
Consequential amendments
Amendment of the Transfrontier Shipment of Waste Regulations 2007
Transitional provisions: general
Public registers
Site plans not required for existing permits etc.
Review: England
Schedules
Petrol vapour recovery
Other duties (1) — Crown / regulator
- Regulators must ensure petrol stations comply with vapour recovery rules Statutory regulator
Browse 13 other Schedules — structural / supplementary
Exempt facilities: general
Exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions
Application to the Crown
Environmental permits
Landfill
Large combustion plants: Industrial Emissions Directive
Enforcement undertakings
Public registers
Revocations
Modification of the Directives
Medium Combustion Plants: Medium Combustion Plant Directive
Specified generators
Variable monetary penalties (England)
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- HSE: waste and recycling (opens in a new tab) from HSE Detailed Guidance
- Office for Nuclear Regulation: nuclear site licensing (opens in a new tab) Detailed Guidance
- Environment Agency: environmental permits (opens in a new tab) Detailed Guidance
- HSE: welding fume and metalworking (opens in a new tab) from HSE Detailed Guidance
- HSE: wood dust (opens in a new tab) from HSE Detailed Guidance
- GOV.UK: contaminated land (opens in a new tab) Detailed Guidance
- FSA — Hazard Analysis and Critical Control Point (HACCP) (opens in a new tab) from FSA Detailed Guidance
- HSE: printing industry (opens in a new tab) from HSE Detailed Guidance
- HSE guidance on structural safety in construction (opens in a new tab) from HSE Detailed Guidance
- HSE guidance on vibration at work (opens in a new tab) from HSE Detailed Guidance
- ... and 119 more
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Environment Agency
PrimaryEnvironmental protection in England. Regulates waste, emissions, water quality, flood risk, and environmental permits for industrial activities. Enforces environmental law and issues …
Office for Environmental Protection
Independent body established post-Brexit to scrutinise environmental law and investigate complaints about public authorities' failures to comply with environmental law in England …
Department for Environment, Food and Rural Affairs
Government department responsible for environmental protection, food production and standards, agriculture, fisheries, and rural communities. Sets environmental policy and works with agencies …
Mining Remediation Authority (formerly Coal Authority)
Manages effects of historical coal mining in England, Scotland, and Wales. Handles subsidence damage claims, mine water pollution, and other mining legacy …
Government adviser for the natural environment in England. Responsible for wildlife licensing (protected species), designating and managing protected sites (SSSIs, National Nature …
Natural Resources Wales
Principal environmental regulator for Wales. Combines functions of Environment Agency Wales, Countryside Council for Wales, and Forestry Commission Wales. Issues environmental permits, …
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Regulators
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