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Defra have produced Draft Guidance on how the new Exemptions will work.

Type Description
Use of waste
U1 Use of waste for construction
U2 Use of baled tyres in construction
U3 Use of construction waste for exhibits etc
U4 Burning of waste as a fuel in a small plant
U5 Use of biodiesel derived from waste
U6 Use of sludge for the purposes of re-seeding a waste water treatment plant
U7 Use of effluent to clean a highway gravel bed
U8 Use of waste for a specified purpose
U9 Use of waste to manufacture finished goods
U10 Spreading waste on agricultural land to confer benefit
U11 Spreading waste on non-agricultural land to confer benefit
U12 Use of mulch
U13 Spreading of plant matter to confer benefit
U14 Incorporation of ash into soil
U15 Pig and poultry ash
U16 Use of depolluted end-of-life vehicles for vehicle parts
Disposal
D1 Deposit of waste from dredging of inland waters
D2 Deposit of waste from a railway sanitary convenience
D3 Deposit of waste from a portable sanitary convenience
D4 Deposit of agricultural waste consisting of plant tissue under a Plant Health notice
D5 Depositing samples of waste for the purposes of testing or analysing them
D6 Disposal by incineration
D7 Burning waste in the open
D8 Burning waste at a port under a Plant Health notice
Treatment
T1 Cleaning, washing, spraying or coating relevant waste
T2 Recovery of textiles
T3 (local authority) Treatment of waste metals and metal alloys by heating for the purposes of removing grease etc
T4 Preparatory treatments (baling, sorting, shredding etc)
T5 Screening and blending of waste
T6 Treatment of waste wood and waste plant matter by chipping, shredding, cutting or pulverising
T7 (local authority) Treatment of waste bricks, tiles and concrete by crushing, grinding or reducing in size
T8 Mechanical treatment of end-of-life tyres
T9 Recovery of scrap metal
T10 Sorting mixed waste
T11 Repair or refurbishment of WEEE
T12 Manual treatment of waste
T13 Treatment of waste food
T14 Crushing and emptying waste vehicle oil filters
T15 Treatment of waste aerosol cans
T16 Treatment of waste toner cartridges by sorting, dismantling, cleaning or refilling
T17 Crushing waste fluorescent tubes
T18 Dewatering using flocculants
T19 Physical treatment of waste edible oil and fat to produce biodiesel
T20 Treatment of waste at a water treatment works
T21 Recovery of waste at a waste water treatment works
T22 Treatment of animal by-product waste at a collection centre
T23 Aerobic composting and associated prior treatment
T24 Anaerobic digestion at premises used for agriculture and burning of resultant biogas
T25 Anaerobic digestion at premises not used for agriculture and burning of resultant biogas
T26 Treatment of kitchen waste in a wormery
T27 Treatment of sheep dip for disposal
T28 Sorting and de-naturing of controlled drugs for disposal
T29 Treatment of non-hazardous pesticide washings by carbon filtration for disposal
T30 Recovery of silver
T31 Recovery of monopropylene glycol from aircraft antifreeze fluids
T32 Treatment of waste in a biobed or biofilter
T33 Recovery of central heating oil by filtration
Storage
S1 Storage of waste in secure containers
S2 Storage of waste in a secure place
S3 Storage of sludge