Exemptions Reform to the Environmental Permitting (England and Wales) Regulations 2016

The environmental permitting regime, set out in the Environmental Permitting (England and Wales) Regulations 2016 (the regulations), requires regulators in England and Wales to supervise activities which could harm the environment. The regime aims to:

• Protect the environment so that statutory and government policy environmental targets and outcomes are achieved; and 

• Operate effectively and efficiently, in a way that provides increased clarity and minimises the administrative burden on both regulators and operators. 

Environmental permitting plays an important role in protecting the environment and human health from a wide variety of risks, such as from flooding, water and air pollution, and contamination of the landscape from waste. It applies to tens of thousands of operators, ranging from individuals at a domestic scale up to large industrial sites. 

A post implementation review of the regulations, published in 2023, found that the regulations appeared to be functioning effectively, and that the hierarchy of levels of control that underlies the framework has delivered material benefits. The review also identified potential improvements, such as making the framework more responsive to changes on the ground and the needs of operators. 

We are proposing changes to the regulations to achieve these improvements by making the process for creating exemptions and amending their conditions more flexible. We would make these changes by laying a statutory instrument before Parliament.

Purpose of the consultation

We want to ensure that our proposal will help to kick-start economic growth and deliver the best outcomes for consumers, businesses and the environment. We are seeking views from regulated businesses and persons who may be impacted by changes to the regulations, at any scale – from domestic to large sites. We are also seeking the views of other organisations, groups, and individuals who have an interest in environmental regulation and/or the permitting framework. 

We welcome contributions from respondents which can strengthen our analysis of the potential impact of these proposals. In particular, we are keen to hear views from stakeholders with an interest in the classes of activities and facilities that will be affected by our proposals (flood risk activities, waste operations, water discharge activities, groundwater activities, and – in England only – waste controlling and transport activities). This includes some very small activities, such as household sewage discharge and minor construction works on watercourses. 

Other classes of facilities, such as industrial facilities and radioactive substance activities, will not be affected by these proposals. Stakeholders with interests in these classes, as well as any other respondents, are still welcome to respond to this consultation. 

This consultation is being undertaken jointly by the UK government and the Welsh Government.

Responding to the consultation

Please respond to this consultation in one of the following ways:  

• Online using the Citizen Space consultation hub at Defra https://consult.defra.gov.uk/  

For ease of analysis, responses via the Citizen Space platform would be preferred, but alternative options are provided below if required:  

• By email to: EnvRegs@defra.gov.uk   
• In writing to:
  
  Environmental Regulations Team, Defra
  Seacole Building
  2 Marsham Street
  London
  SW1P 4DF  

Please note, any responses sent by post must have arrived at the above address by the closing date of the consultation (03/06/2025) to be counted. Any responses received after this date will not be analysed. To ensure your response is included in the analysis, please consider responding online via Citizen Space.  

Defra is managing the consultation process on behalf of government.  

The Welsh Government will have access to the consultation responses provided via the Citizen Space consultation hub.

Consultation period

This consultation will run for 8 weeks from the 8th of April 2025 and close on the 3rd of June 2025.

After the consultation

After the consultation, a summary of the responses to this consultation will be published and placed on the government website at www.gov.uk/defra. Responses to this consultation will be reviewed and considered in the future policy development of the regulations.

Information provided in response to this consultation document, including personal information may be subject to publication or release to other parties or to disclosure in accordance with the access to information regimes e.g., Freedom of Information Act 2000 (FOIA), Environmental Information Regulations 2004 (EIR) and the Data Protection Act 2018.

Compliance with the consultation principles

This consultation is being conducted in line with the Consultation Principles set out in the Better Regulation Executive guidance which can be found at: https://www.gov.uk/government/publications/consultation-principles-guidance.

If you have any comments or complaints about the consultation process, please address them to: By e-mail: consultation.coordinator@defra.gov.uk

Or in writing to:

Environmental Regulations Team, Defra
Seacole Building
2 Marsham Street
London
SW1P 4DF