Do you need to register an exemption from environmental permitting?

Environmental permitting applies to England and Wales only.

If you operate your business in Northern Ireland or Scotland, see our guidance on pollution prevention and control and waste management licensing.

Pollution prevention and control permits
Waste management licensing

If you carry out waste activities that have a relatively low impact on the environment your activities may be exempt and you may need to:

  • register an exemption for an exempt waste operation
  • notify the Environment Agency if your activity is set out in a regulatory position statement.

What is an exempt waste operation?

There are a range of waste activities that may be exempt from environmental permitting, including:

  • composting biodegradable waste for cultivating mushrooms
  • crushing, grinding or other size reduction of waste
  • cleaning or coating waste packaging, containers and textiles
  • storing waste securely
  • treating waste to recover materials
  • burning waste in an exempt incinerator at the place where the waste was produced
  • storing waste electrical and electronic equipment (WEEE) for recovery at another place.

Non-hazardous waste exemptions are similar to the previous exemptions that existed under waste management licensing.
Hazardous waste exemptions have changed significantly from the previous exemptions under waste management licensing.

Defra: Guidance on changes to hazardous waste exemptions (Adobe PDF - 111KB)

What types of exemption exist?

There are two main types of exemption:

  • simple exemptions for lower risk waste activities
  • complex exemptions for higher risk waste activities.

Environment Agency: Waste exemptions

How do you register your exemption?

If your activity is exempt from permitting you may need to register it with the Environment Agency.

If you want to register a simple exemption you must complete notification form WMX00. The Environment Agency will not charge you to register a simple exemption.

Environment Agency: Notification form WMX00 notice about an exempt waste operation (Adobe PDF - 162KB)

If you want to register a complex exemption you must complete a notification form for your specific exemption. For example, you must complete notification form WMX19 if you want to register an exemption for construction waste under paragraph 19.

The Environment Agency will charge you to register most complex exemptions and you must renew your exemption every year. If the risks are too high, the Environment Agency may refuse to register your activity as exempt and you will need to apply for an environmental permit.

Environment Agency: Complex exemptions

You must comply with all the conditions of your exemption and make sure your activities do not cause pollution or harm to human health. What is a position statement?

Regulatory position statements

Regulatory position statements set out how the Environment Agency intends to regulate waste activities:

  • that are not exempt waste operations
  • where it would not be appropriate to require an environmental permit for the activity.

Regulatory position statements may specify conditions or limitations for waste activities and only apply for a limited period - for example, until new regulations are brought in.

If a regulatory position statement applies to your activities, you do not need an environmental permit or exemption but may need to notify the Environment Agency of your activity.

Environment Agency: Regulatory position statements - modernising waste regulation panel

Low risk waste activities

The Environment Agency keeps a list of low risk waste activities:

  • that are not exempt waste operations
  • where it would not be appropriate to require an environmental permit.

Low risk waste activities are subject to fewer restrictions than activities covered under a regulatory position statement.

If you carry out a low risk waste activity, you do not need an environmental permit or exemption and you do not need to notify the Environment Agency of your activity.

Environment Agency: Low risk waste

Waste exemptions review

Defra, the Welsh Assembly Government and the Environment Agency are reviewing the waste exemptions from environmental permitting.

The review aims to introduce a more risk-based and proportionate approach to regulating waste recovery and disposal operations.

The review is considering existing waste operations, exempt waste operations and activities covered by regulatory position statements and low risk waste activities.

A revised set of waste exemptions are due to be introduced in April 2010.

Revised waste exemptions from environmental permitting consultation

In this guideline:

What is an environmental permit?
Do you need an environmental permit?
Do you need to register an exemption from environmental permitting?
How do you apply for an environmental permit?
What you must do if you hold an environmental permit
How do you change, transfer or cancel your environmental permit?
Environmental permitting further information
Environmental permitting legislation