EU Exit regulatory position statements (UK Brexit)

Exit day is 12th April

Yesterday (1st April) the Environment Agency began issuing EU Exit regulatory position statements (UK RPS).

These set out (time-limited) environmental permitting and licensing situations where the Environment Agency will not take action for non-compliance due to EU Exit.

The first two relate to radioactive materials and radioactive waste – here.

I will add these to a separate category in the Brexit Law List (in subscribers’ Cardinal Environment EHS Legislation Registers & Checklists).

Waste Transport across borders will become more difficult and delayed after EU Exit. Make sure checks are carried out on amounts stored vis a vis EPR Schedule 3 exemption limits. Contact the Environment Agency if limits will be exceeded.

Scotland, Wales and Northern Ireland – contact the local regulator.

[the Exit day may change, please continue to follow this Blog]

Standard Rules Environmental Permitting (England)

The Environment Agency offers standard rules environmental permits in England for listed activities.

Further permits are now available (waste).

The full list is here.

Note : standard rules permits are cheaper, but

• the rules cannot be varied and there is no right of appeal against them

• any change in operations so a standard permit no longer works for the operation results in a requirement to make it a bespoke permit instead

• if there is a change in the local environment after the permit has been issued (for example due to a change in the definition of a groundwater source protection zone), the operation may need to be upgraded to a standard sufficient for the changed environment, or the permit changed to a bespoke permit