Research and analysis

Non-qualifying regulatory provisions under the business impact target: 2019 to 2020

Updated 12 January 2023

© Crown copyright 2023

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

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-bit-2019-to-2020--2

The Environment Agency’s non-qualifying regulatory provisions listed by exclusion category in the business impact target (BIT) reporting period 13 December 2019 to 16 December 2020.

For the full, legal definitions of the exclusion categories see BIT: June 2018 statement.

1. Measures certified as being below de minimis

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

1.1 Summary of measures

We have created new regulatory position statements (RPSs):

We have revised:

We have withdrawn:

  • Treatment by laboratory autoclave of containment level 1 to 3 microbiological waste on the premises it is produced: RPS 56

We have extended:

We have created new low risk waste positions (LWRPs):

We have published new standard rules:

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 created a new regulatory position statement:

We have extended a regulatory position statement:

We have published new guidance on:

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

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

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
  • 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:

  • 11,883 determination decisions were made – 1,550 of these were permit variations to secure the required environmental outcomes from the water company periodic review (asset management plan outputs)
  • 1,517 determination decisions were registered and 1,087 exemptions for flood risk activities under the environmental permitting regime
  • 163 determination decisions were made across the entire radioactive substances regulation environmental permitting regime
  • 462 permits were issued for the movement of live fish to or from fisheries
  • 519 authorisations were issued for commercial fishing in the 2020 calendar year – authorisations are granted on a seasonal basis and are compiled over each calendar year

Appeals against permitting decisions:

  • 4 appeals were received against permitting decisions

Appeals against regulatory decisions:

  • 4 independent internal reviews were carried out under the provisions of the Regulators’ Code

Compliance assessment advice:

  • 8,896 compliance assessment report (CAR) forms were issued to permitted waste operations and facilities which carry out industrial processes
  • 4,017 CAR forms and letters were issued for permitted water discharge activities
  • 856 CAR forms were issued to water abstraction and impoundment licence holders – data from January to September due to quarterly reporting periods
  • 792 CAR forms were issued across the radioactive substances regulation environmental permitting regime

Registrations:

  • 304,672 exempt activities were registered and 1,739 de-registered under the Environmental Permitting Regulations
  • 501 commercial boats were registered

National Trading Regulatory Services:

  • 498 consents were issued for international waste shipments, 2 of these were for radioactive wastes
  • 12,469 registrations and 165 compliance assessment actions were carried out under the Producer Responsibility laws

Climate Change Trading and Regulatory Services:

  • 295 permitting decisions were made
  • 441 compliance checks were completed
  • 846 entrants were registered and 114 de-registered
  • 7 appeals were received
  • 68 civil penalty notices were issued

Enforcement activity:

  • 48 prosecution cases were completed
  • 8 formal cautions were accepted
  • 203 enforcement notices were served
  • 993 warning letters were sent
  • civil sanctions were used on 74 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 5 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.

Back to top