Last year, Defra announced that of its 255 environmental regulations, 132 will be improved, mainly through simplification or consolidation; 70 will be kept as they are, to uphold important environmental protections; and 53 obsolete regulations will be removed.

As part of this "Better Regulation" initiative, Defra is now consulting on proposed amendments to the Environmental Permitting (England and Wales) Regulations 2010 ("the 2010 Regulations"). It is hoped this consultation will improve the environmental permitting process and regulatory activities, cut administrative burdens and focus on the delivery of a better service to customers.

Ministers say the cutting of red tape will save businesses £1bn, but the move has shocked campaigners, who argue that the Government's search for economic growth is mistakenly targeting the environment. With the consultation ending on 4 April 2013, this article looks at the main proposed amendments.

The 2010 Regulations

The initial Regulations were designed to simplify environmental permit applications and allow regulators to focus resources on medium and high risk operations whilst continuing to protect the environment and human health.

To achieve this, a single regulatory framework was produced by integrating waste management licensing, pollution prevention and control, water discharge consenting, groundwater authorisations and radioactive substances regulation.

A package of proposals

Whilst the 2010 Regulations provided industry and regulators with a single permitting and compliance system, Defra is now proposing amendments to further enhance permitting processes and procedures.

The draft Environmental Permitting (England and Wales) (Amendment) Regulations 2013 will, if approved, introduce a number of key measures, including removing the requirement for waste businesses carrying out certain waste operations to have secured planning permission before an environmental permit can be issued. It is anticipated the removal of this requirement will greatly reduce the significant administrative burden on businesses and regulators. The Environment Agency estimates 10% of current applications are delayed because the status of planning permission is not clear at the time of applying for the permit.

Other proposals include:

  • Providing a registration scheme for low risk discharges to groundwater from some ground source heating and cooling systems (saving those who meet the criteria from paying an annual subsistence charge)
  • Simplifying public register requirements (resulting in savings both within the Environment Agency and Local Authorities of approximately £500,000 per year)
  • Transferring of the appeals handling procedure from the Planning Inspectorate (PINS) to the Environment jurisdiction of the General Regulatory Chamber (First Tier Tribunal). The purported purpose of this suggested change is to provide a consistent and more easily understood route of appeal in relation to permitting decisions
  • Simplifying the requirements relating to landowner permission for the clean up of sites
  • Allowing greater flexibility for the service of notices on businesses to include service on the Director of a Company rather than just the Secretary or Clerk (which currently hinders service of such notices for those Companies that do not have a Secretary or Clerk)

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