Research and analysis

Non-qualifying regulatory provisions under the business impact target: 2020 to 2021

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-bit-2020-to-2021

The Environment Agency’s non-qualifying regulatory provisions listed by exclusion category in the business impact target (BIT) reporting period 17 December 2020 to 16 December 2021.

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:

We have revised:

We have withdrawn:

  • Using whole waste tyres in construction: RPS 161
  • Collecting food waste from different premises at a single site: RPS 225

We have created new low risk waste positions:

We have withdrawn:

  • Using shredded waste carpet for equestrian surfacing: LRWP 43

We have published new guidance on:

We have issued:

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 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

We have created new regulatory position statements:

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:

  • 11,276 determination decisions were made across the environmental permitting regime - 704 of these were permit variations to secure the required environmental outcomes from the water company periodic review (asset management plan outputs)
  • 691 permits were issued for the movement of live fish to or from fisheries
  • 287 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:

  • 13 appeals were received against permitting decisions

Appeals against regulatory decisions:

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

Compliance assessment advice:

  • 15,632 compliance assessment report (CAR) forms were issued to permitted waste operations and facilities which carry out industrial processes
  • 5,598 CAR forms and letters were issued for permitted water discharge activities
  • 1,696 CAR forms were issued to water abstraction and impoundment licence holders – data from January to September due to quarterly reporting period
  • 1,008 CAR forms were issued across the radioactive substances regulation environmental permitting regime

Registrations:

  • 64,281 exempt waste activities were registered and 577 de-registered under the Environmental Permitting Regulations
  • 1,115 exemptions for flood risk activities registered under the Environmental Permitting Regulations
  • 498 commercial boats were registered

Operations Regulatory Services:

  • 512 consents were issued for international waste shipments, 6 of these were for radioactive wastes
  • 12,085 registrations and 244 compliance assessment actions were carried out under Producer Responsibility laws
  • 2,478 permitting decisions were made
  • 778 compliance checks were completed
  • 2,797 entrants were registered and 245 de-registered
  • 25 appeals were received
  • 108 civil penalty notices were issued under climate change trading schemes

Enforcement activity:

  • 71 prosecution cases were completed
  • 3 formal cautions were accepted
  • 54 enforcement notices were served
  • 1,295 warning letters were sent
  • Civil sanctions were used on 53 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 70 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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