Research and analysis

Non-qualifying regulatory provisions under the business impact target: 2021 to 2022

Updated 12 January 2023

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This publication is available at https://www.gov.uk/government/publications/environment-agency-business-impact-target/non-qualifying-regulatory-provisions-under-the-business-impact-target-2021-to-2022

The Environment Agency’s non-qualifying regulatory provisions, listed by exclusion category, in the business impact target (BIT) reporting period 17 December 2021 to 16 December 2022.

For the full legal definitions of the exclusion categories, see the BIT: written statement.

1. Measures certified as being below de minimis

These are measures with an equivalent annual net direct cost to business of less than plus or minus £5 million.

1.1 Summary of measures

We have created new regulatory position statements (RPSs):

We have revised:

We have published new standard rules for waste operations:

We have published revised standard rules for waste operations:

We have published new guidance on:

2. EU regulations and other international obligations

These include EU regulations, decisions and directives and other international obligations, including the implementation of the EU Withdrawal Bill and EU Withdrawal Agreement.

2.1 Summary of measures

We have developed revised recording frequencies for abstraction licences to increase the records required for waterbodies that are capable of impacting:

  • sites designated under the Habitats Directive (92/43/EEC)
  • waterbodies with flow concerns, as assessed under the Water Framework Directive (2000/60/EC)

3. Measures certified as concerning EU Withdrawal Bill operability measures

Following consideration of the exclusion category, there are no measures for the reporting period that qualify for the exclusion.

4. Pro-competition

Following consideration of the exclusion category, there are no measures for the reporting period that qualify for the exclusion.

5. Systemic financial risk

Following consideration of the exclusion category, there are no measures for the reporting period that qualify for the exclusion.

6. Civil emergencies

We have created a new regulatory position statement: Burning waste in the open air after an animal disease outbreak: RPS 251.

7. Fines and penalties

Following consideration of the exclusion category, there are no measures for the reporting period that qualify for the exclusion.

8. Misuse of drugs

Following consideration of the exclusion category, there are no measures for the reporting period that qualify for the exclusion.

9. Measures certified as relating to the safety of tenants, residents and occupants in response to the Grenfell tragedy

Following consideration of the exclusion category, there are no measures for the reporting period that qualify for the exclusion.

10. Casework

Within England the Environment Agency is responsible for:

  • regulating major industry and waste
  • the treatment of contaminated land
  • water quality and resources
  • fisheries
  • inland river, estuary and harbour navigations
  • conservation and ecology
  • managing the risk of flooding from main rivers, reservoirs, estuaries and the sea

10.1 Summary of the Environment Agency’s work (based on available data)

Permitting decisions

11,637 determination decisions were made across the environmental permitting regime. 1,600 of these were permit variations to secure the required environmental outcomes from the water company periodic review (asset management plan outputs).

For fishing:

  • 554 permits were issued for fish introduction
  • 1,421 removal authorisations were issued for fish and crayfish
  • 319 authorisations were issued for commercial fishing

Appeals against permitting decisions

8 appeals were received against permitting decisions.

Appeals against regulatory decisions

5 independent internal reviews were carried out under the provisions of the Regulators’ Code.

Compliance assessment advice

14,346 compliance assessment report (CAR) forms were issued to permitted waste operations and facilities which carry out industrial processes.

10,478 CAR forms and letters were issued for permitted water discharge activities.

2,577 CAR forms were issued to water abstraction and impoundment licence holders (data from October to September due to quarterly reporting period).

1,218 CAR forms were issued across the radioactive substances regulation environmental permitting regime.

Registrations

Under the environmental permitting regulations:

  • 252,422 exempt waste activities were registered and 627 deregistered
  • 877 exemptions for flood risk activities were registered

1,081 commercial boats were registered.

Operations Regulatory Services

512 consents were issued for international waste shipments, 6 of these for radioactive wastes.

13,209 registrations and 268 compliance assessment audits were carried out under producer responsibility laws.

Under climate change trading schemes:

  • 1,582 permitting decisions were made
  • 755 compliance checks were completed
  • 812 entrants were registered
  • 200 were deregistered
  • 17 appeals were received
  • 85 civil penalty notices were issued

Enforcement activity

104 prosecution cases were completed.

1 formal caution was accepted.

66 enforcement notices were served.

871 warning letters were sent.

Civil sanctions were used on 36 occasions – these are sanctions issued under the Regulatory Enforcement and Sanctions Act 2008.

11. Education, communications and promotion

Following consideration of the exclusion category, there are no measures for the reporting period that qualify for the exclusion.

There were 195 national external consultations.

13. Changes to management of regulator

Following consideration of the exclusion category, there are no measures for the reporting period that qualify for the exclusion.

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