Exemptions
Exemptions can be registered in place of a permit for certain low risk activities. The list below applies to England and Wales. Scotland and NI operate under different regulations.
However, at some stage, following a consultation in 2018, amendments to the Environmental Permitting Regulations will see significant changes to the England and Wales Exemption regime.
The overarching changes are detailed in the Supplementary Government Responses document whilst the individual Exemption changes are detailed in the Annex.
The timetable for implementation once the regulations are changed is expected to be:
- 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.
In the mean time, the EA has published changes that took effect on 1 July and mean that there will be charges for all Exemptions. Guidance on how to choose, register and pay for Exemptions is here. The charges are laid out here but basically, there is now a two stage process and four tiers of charge. There is a registration charge of £56 and then specific Exemption charges:
Upper band – £1,236 (this band applies to T8, T9 and U16 Exemptions only)
Band 1 – £420
Band 2 – £212
Band 3 – £30
Which Exemption is in which band is shown below.
Scotland operates under a different Exemption regime which can be found here.
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.
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.