Defra and the Welsh Government published a consultation on “proposals to tackle crime and poor performance in the waste sector and introduce a new fixed penalty for the waste duty of care” (the 2018 consultation).

This focussed on the standard of operator competence at permitted waste sites, reforming the waste exemptions element within the environmental permitting regime to prevent the use of exemptions to cover illegal activity, and introducing a fixed penalty notice for breaches of the household waste duty of care. 

This page covers the core reforms to the waste exemptions regime, and the regulators approach to implementing any changes to current exemptions, to include those due to be removed.

Summary of changes:

🟢 Prohibiting the use of exemption at / adjacent to permitted sites.
🟢 Limiting the number of exemptions registered at a site.
🟢 Compulsory requirements for operators to keep and make records available on request.
🟢 Requirement for operators to keep records in an electronic format.

Exemptions to be removed:

🟢 U16 – Use of depolluted ELVs for parts
🟢 T8 – Mechanically treating end-of-life tyres
🟢 T9 – Recovery of scrap metal

Changes to conditions:

The below link provides access to the associated annexes explaining the changes to be made to each exemption:

Link: Reforming Waste Exemptions: Annexure (Click here)

🟢 U1 – Use of waste in construction
🟢 T4 – Preparatory treatments
🟢 T6 – Treatment of waste wood
🟢 T12 – Manual treatment
🟢 D7 – Burning of vegetation at the place of production only
🟢 S1 – Storage in containers
🟢 S2 – Storage in a secure place

The regulators will stagger the approach to the reforms for the waste exemptions regime. They will include a transitional date by which each exemption will either be removed, or from when the amendments will come into force.

For those waste exemptions to be removed, they will make provision in the regulations for operators to continue operating under their existing exemptions after the transition date, as long as they have submitted a permit application to the regulators before the transition date.

The existing exemption conditions will continue to apply after the transition date, or until the registration of the exemption expires until such time as the permit application is determined. The regulators will set out an approach for managing exemptions where the permit application is incomplete or rejected and will communicate this to industry directly.

For those waste exemptions for which the conditions are to be amended, operators will be able to operate under their existing exemptions (including exemptions that need to be renewed) until the end of the transition period.

At the end of the transition period, all exempt operators must comply with the new conditions, or the operator must have made an application for an environmental permit, or the activities must cease.

New exemptions subject to transitional provisions that are registered after the amendments to the Environmental Permitting Regulations can also operate under the existing exemptions until the end of the transition period.

It is intended that the amendments to the Environmental Permitting Regulations will be made within the next year. Further detail about when the amendments will come into force will be shared in due course.

Future regulatory changes to Exemptions

Through the Environment Act 2021 we will give the regulators the powers to charge for exemptions.

The Environment Act 2021 also gives the regulators powers to amend certain exemption conditions without requiring a legislative change. The details for this will be developed at a later date, but it is considered likely that this will be similar to the existing practice for varying conditions in standard rules permits to reflect changing circumstances and new practices. The intention is to allow a similar flexibility for lower risk exempt activities.

For further information on this consultation outcome, visit the below link.

Link: Consultation - Supplementary Government Response (Click here)

https://www.gov.uk/government/consultations/reducing-crime-at-sites-handling-waste-and-introducing-fixed-penalties-for-waste-duty-of-care/outcome/supplementary-government-response#background

Please share this information with friends, colleagues and anyone who maybe impacted by these changes in the future.

Kind Regards

HSEC Services Team

This post is to raise awareness within the waste and associated sectors, of pending changes to the waste exemptions and relevant legislation, as published by the Department for Environment Food and Rural Affairs (DEFRA) and Welsh Government on the 6 February 2023, in response to the 2018 consultation.