Guidance

Storing and treating waste oyster shells: RPS 347

Published 18 July 2025

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to:

  • have an environmental permit where one is required
  • register an activity as exempt where you are required to do so

However, the Environment Agency will not normally take enforcement action against you if you do not comply with these legal requirements provided that you comply with the conditions set out in this RPS

In addition your activity must not cause (or be likely to cause) pollution of the environment or harm to human health, and must not: 

  • cause a risk to water, air, soil, plants or animals 

  • cause a nuisance through noise or odours 

  • adversely affect the countryside or places of special interest 

1. Activity this RPS applies to

This RPS applies to operators who store and treat waste oyster shells (waste code 02 02 02) for use in new products.

2. Conditions you must comply with

You must only:

  • accept cleaned waste oyster shells (with the tissue or flesh removed) from aquaculture and the food industry, including restaurants

  • store and treat up to 50 tonnes of waste oyster shells over any 12-month period

  • treat the waste oyster shells by cleaning, boiling, steaming, baking or milling

  • store waste for no more than 6 months

  • keep records for 2 years from the date of the last use of the RPS to show that you have complied with this RPS and make these records available to the Environment Agency on request

3. Things to note 

This RPS relates to an activity that the Environment Agency considers is potentially suitable to be an exemption under the Environmental Permitting (England and Wales) Regulations 2016. A change in law would be required for this. 

4. When you must check back

The Environment Agency will review this RPS by 1 May 2028.

The Environment Agency can withdraw or amend this regulatory position before the review date if they consider it necessary. This includes where the activity that this RPS relates to has not changed. 

You will need to check back from time to time, including at and before the review date, to see if this RPS still applies. 

This RPS remains in force until it is removed from GOV.UK or is otherwise identified as having been withdrawn. 

You can subscribe to email updates about this RPS. These will tell you if the RPS has changed and when it has been withdrawn. 

5. If you cannot comply with this RPS

If you operate under this RPS but can no longer comply with it, you must: 

  • stop the activity to which this RPS relates 

  • tell the Environment Agency immediately by contacting enquiries@environment-agency.gov.uk  with RPS 347 in the subject 

6. Contact the Environment Agency 

If you have any questions about this RPS, email enquiries@environment-agency.gov.uk  with RPS 347 in the subject.