Research and analysis

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

Updated 12 January 2023

The Environment Agency’s non-qualifying regulatory provisions listed by exclusion category in the business impact target (BIT) reporting period 21 June to 12 December 2019.

For the full, legal definitions of the exclusion categories see BIT: written 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We have withdrawn:

• using Publicly Available Specification (PAS) 108 tyre bales in civil engineering projects and landfill infrastructure work: regulatory position statement 85

We have revised:

• our low risk waste positions
• Environmental Permitting (England and Wales) Regulations 2016 requirements to show adaptation of climate change impacts for new and bespoke waste operations and process industry (installation) permits
• our onshore oil and gas guidance for the onshore oil and gas exploration and extraction sector in England

2. EU regulations and other international obligations

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

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
• 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:

• 6,140* determination decisions were made – 445 of these were permit variations to secure the required environmental outcomes from the water company periodic review (asset management plan outputs)
• 2,025 permit determination decisions and 1,304 exemptions were made for flood risk activities under the environmental permitting regime
• 98 determination decisions were made across the entire radioactive substances regulation environmental permitting regime
• 211 permits were issued for the movement of live fish to or from fisheries
• 578 authorisations were issued for commercial fishing in the 2019 season – authorisations are granted on a seasonal basis and are compiled over each calendar year

*this figure includes water resources new authorisations which are new to the environmental permitting regime

Appeals against permitting decisions:

• 1 appeal was 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:

• 8,196 compliance assessment report (CAR) forms were issued to permitted waste operations and facilities which carry out industrial processes
• 5,809 CAR forms and letters were issued for permitted water discharge activities
• approximately 1,065 CAR forms were issued to water abstraction and impoundment licence holders
• 480 CAR forms were issued across the radioactive substances regulation environmental permitting regime

Registrations:

• 662,987 exempt activities were registered and 616 de-registered under the Environmental Permitting Regulations
• 17 commercial boats were registered

National Trading Regulatory Services:

• 237 consents were issued for international waste shipments, 2 of these were for radioactive wastes
• 2,075 registrations and 2,778 compliance assessment actions were carried out under the Producer Responsibility laws
• Climate Change Trading and Regulatory Services:
  • 279 permitting decisions were made
  • 260 compliance checks were completed
  • 2,353 entrants were registered and 96 de-registered
  • 0 appeals were received
  • 96 civil penalty notices were issued

Enforcement activity:

• 45 prosecution cases were completed
• 0 formal cautions were accepted
• 67 enforcement notices were served
• 503 warning letters were sent
• civil sanctions were used on 16 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.

12. Activity relating to policy development

There were 11 national public 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.