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, in 2024, 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 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.

Exemptions in England can be registered on line with the Environment Agency, free for all except T11 which costs £840. Welsh Exemptions are the same but must be registered here.

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.

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Defra have produced Draft Guidance on how the new Exemptions will work.