Consultation on modernising environmental permitting for industry

Extraction and treatment of metals and minerals, particularly critical minerals, is a growth area in the UK - with recent significant lithium and tin mining developments in Cornwall advancing and permit applications expected soon. Whilst the management of mining waste is regulated through the current permitting regime, the EPRs are not designed with the extractive activities in mind and they are therefore covered by a patchwork of regulation, including the EPRs Part B permitting of various mineral processing activities and coverage of certain treatment activities under the EPRs Part A chemical or refining activities. The lack of a bespoke activity and standards for extraction and on-site treatment makes determining permits more challenging for regulators and undermines regulatory certainty for industry.  

Through the IED 2.0 the EU has added "extraction including on-site treatment (operations such as comminution, size control, beneficiation and upgrading) of the following ores on an industrial scale: bauxite, chromium, cobalt, copper, gold, iron, lead, lithium, manganese, nickel, palladium, platinum, tin, tungsten and zinc". 

We would like to seek early feedback on the option of making extraction and on-site treatment of ores a Part A1 activity of the EPRs. This proposal aims to clarify the permitting application process and regulation of mining and processing activities, and thus better support critical minerals businesses.  

It should be noted that the EPRs include requirements for Part A activities around restoring sites to a satisfactory state upon the cessation of activities – and requirements around site condition are therefore a legitimate aim of the permitting and BAT processes. For example, in the landfill sector there are financial or escrow provisions which aim to ensure long-term funding for site restoration after the cessation of activities.