Legalize / United Kingdom / Statutory-Instrument

The Environmental Permitting (England and Wales) Regulations 2016

Type Statutory-Instrument

Publication 2016-12-11

Last updated 2026-03-11

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(ii) for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

(9) Article 19(2) is to be read as if, for “a Member State” there were substituted “ the United Kingdom ”.

(9A) Article 35(1) is to be read as if, for the second paragraph, there were substituted—

They shall make that data available to the regulator through any electronic registry established for the reporting of such data or, if no such registry is in operation, in such form and manner as the regulator may specify.

(10) Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

(11) Annex 4a is to be read as if, in point 6, “, including through Union funds” were omitted.

(12) In sub-paragraph (2)(c), “local authority” has the meaning given in paragraph 4(7).

Modification of the Water Framework Directive

13

(1) For the purposes of these Regulations, the Water Framework Directive is to be read in accordance with this paragraph.

(2) Article 2 is to be read as if paragraph 30 were omitted.

(3) Article 11(3)(j) is to be read as if—

(a) the reference to “Member States” were a reference to the appropriate authority or appropriate agency;

(b) in the words after the final indent, for “established for that body of groundwater” there were substituted “ (which has the meaning given in regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016) in relation to a river basin district ”.

Modification of the WEEE Directive

14

(1) For the purposes of these Regulations, the WEEE Directive is to be read in accordance with this paragraph.

(2) A reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority, appropriate agency or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion so far as it related to England or Wales.

(3) Article 2 is to be read as if—

(a) paragraph 2 were omitted;

(b) in paragraph 3(a), for “Member States” there were substituted “ the United Kingdom ”;

(4) Article 3(1) is to be read as if—

(a) after point (a) there were inserted—

(aa) ‘waste’ means waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive; (ab) ‘hazardous waste’ has the meaning given by regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016;

(b) in point (e), “within the meaning of Article 3(1) of Directive 2008/98/EC” were omitted;

(i) in the words before point (i), for the words from “distance communication” to the end, there were substituted “ by means of distance communication ”;

(ii) in points (i) and (ii)—

(aa) for “a Member State” there were substituted “ the United Kingdom ”;

(bb) for “territory of that Member State” there were substituted “ United Kingdom ”;

(cc) for point (iii) there were substituted—

(iii) is established in the United Kingdom and places on the market, on a professional basis, EEE from another country; or

(iii) in point (iv), in the first subparagraph —

(aa) for “a Member State” there were substituted “ the United Kingdom ”;

(bb) “Member State or in a third” were omitted;

(d) in point (j), for “a Member State” there were substituted “ the United Kingdom ”;

(e) in point (k), for “territory of a Member State” there were substituted “ United Kingdom ”;

(f) for points (m) to (o) there were substituted—

(m) ‘medical device’ means a medical device within the meaning of regulation 2(1) or 69(1) of the Medical Devices Regulations 2002 which is EEE; (n) ‘in vitro diagnostic medical device’ means an in vitro diagnostic medical device within the meaning of regulation 2(1) or 137 of the Medical Devices Regulations 2002 which is EEE; (o) ‘active implantable medical device’ means an active implantable medical device within the meaning of regulation 2(1) , or the meaning determined in accordance with Schedule 9 to, of the Medical Devices Regulations 2002 which is EEE.

(5) Article 3(2) is to be read as if—

(a) “ ‘hazardous waste’,” were omitted;

(b) for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

(6) Article 8(5) is to be read as if the second to fifth subparagraphs were omitted.

(7) Article 9 is to be read as if—

(a) in paragraph 3—

(i) “or the registration referred to in paragraphs 1 and 2” were omitted;

(ii) the words from “and for the” to the end were omitted;

(b) after paragraph 3 there were inserted—

(4) In paragraph 3, “permit” means environmental permit.

(8) Annex 7 is to be read as if, in paragraph 1—

(a) in the first subparagraph—

(i) in the first indent, for the words from “Council Directive 96/59/EC ”to the end there were substituted “ the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 ”;

(ii) in the thirteenth indent, for the words from “Commission Directive 97/69/EC ” to the end there were substituted “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”;

(iii) in the fourteenth indent, for the words from “Article 3” to the end there were substituted “ Annex 7 to the Basic Safety Standards Directive ”;

(b) in the second subparagraph, for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

(9) Annex 8 is to be read as if, in paragraph 1, in the words before the first indent, the words from “(without prejudice” to “landfill of waste)” were omitted.

(10) In sub-paragraph (2), “local authority” has the meaning given in paragraph 4(7).

(11) In sub-paragraph (4)(c)(i), “by means of distance communication” has the meaning given by regulation 3(1) of the Consumer Protection (Distance Selling) Regulations 2000 .

Consultation with ... member States

Closed-loop ground source heating and cooling systems: England

6

(1) For the purpose of paragraph 8(a)(i) of Schedule 2, the description is a closed-loop ground source heating or cooling system—

(a) which is fully sealed and does not take water from, or discharge water or fluids into, the environment, and

(b) where any borehole is used, the borehole is fully sealed and does not take water from the environment.

(2) For the purpose of paragraph 8(a)(ii) of Schedule 2, the conditions in relation to a groundwater activity of that description are that an operator of the system ensures that—

(a) the system is a closed-loop system only and that there is no discharge of pollutants other than the transfer of heat to the environment,

(b) the system does not cause pollution of surface water or groundwater,

(d) no part of the system is within 50m of a well, spring or borehole used to supply water for domestic or food production purposes,

(e) no part of the system is within the following distance of a protected site or an ancient woodland—

(i) 20m, where the system supplies only residential premises and the maximum output of the system is 45kW or less,

(ii) 50m, where the system supplies—

(aa) only a single community building,

(bb) only residential premises and the maximum output of the system is more than 45kW,

(cc) only a single building that is not a community building or residential premises and which has a floor space of less than 1000m², or

(dd) subject to sub-paragraph (i), more than one building where the total floor space within those buildings combined is less than 1000m², or

(iii) 250m in any other case,

(f) the installation of the system does not mobilise any contaminants present in the subsurface to the extent that the pollution of groundwater occurs,

(g) no part of the system is adjacent to a septic tank or cesspit, including the infiltration system,

(h) all equipment installed in relation to the system complies with the relevant design and manufacturing standards set down in—

(i) the relevant British Standards, and

(ii) the relevant Ground Source Heat Pump Association standards, and

(i) the system is appropriately decommissioned when it ceases to be in operation so that there is no risk of pollutants or polluting matter entering groundwater.

(3) In this regulation—

“community building” includes a building used as a place of worship;

“relevant British Standards” means—BS EN 378-1:2016+A1:2020 entitled “Refrigerating systems and heat pumps — Safety and environmental requirements, Part 1: Basic requirements, definitions, classification and selection criteria” published by the British Standards Institution on 30th November 2020,BS EN 378-2:2016 entitled “Refrigerating systems and heat pumps — Safety and environmental requirements, Part 2: Design, construction, testing, marking and documentation” published by the British Standards Institution on 31st December 2016,BS EN 378-3:2016+A1:2020 entitled “Refrigerating systems and heat pumps — Safety and environmental requirements, Part 3: Installation site and personal protection” published by the British Standards Institution on 30th November 2020,BS EN 378-4:2016+A1:2019 entitled “Refrigerating systems and heat pumps — Safety and environmental requirements, Part 4: Operation, maintenance, repair and recovery” published by the British Standards Institution on 31st October 2019,BS EN 805:2000 entitled “Water supply — Requirements for systems and components outside buildings” published by the British Standards Institution and coming into effect on 15th September 2000, andBS 5930:2015+A1:2020 entitled “Code of practice for ground investigations” published by the British Standards Institution on 31st May 2020;

“relevant Ground Source Heat Pump Association standards” means—the Closed-loop Vertical Borehole Design, Installation and Materials Standards, issue 1.0, dated 2020 and published by the Ground Source Heat Pump Association,the Shallow Ground Source Standard, Version 2, dated January 2018 and published by the Ground Source Heat Pump Association, andthe Thermal Pile Design, Installation and Materials Standards, Version 2, dated September 2018 and published by the Ground Source Heat Pump Association.

Low-environmental-risk burials at new cemeteries or new extensions of cemeteries: England

7

(1) For the purpose of paragraph 8(a)(i) of Schedule 2, the description is any burial of human remains, other than a burial of human ashes from crematoria, within a new cemetery or new extension of a cemetery.

(2) In sub-paragraph (1), “new cemetery or new extension of a cemetery” means a development which, by virtue of section 57 of the Town and Country Planning Act 1990, required planning permission authorising a change of use of land to permit burials which was granted on or after 2nd October 2023.

(3) For the purpose of paragraph 8(a)(ii) of Schedule 2, the conditions in relation to a burial of that description are that the operator ensures that—

(a) any activity relating to the burial must not cause pollution of surface water or groundwater,

(b) the burial is not within 10m of any field drain, including any dry ditch,

(d) the burial is not undertaken directly into groundwater,

(e) the grave is not dug in unaltered or unweathered bedrock,

(f) the grave is not dug in an area susceptible to groundwater flooding,

(g) the burial is not within 30m of any spring or watercourse,

(h) the burial is not in, or within 50m of, a protected site,

(i) the burial is not in an ancient woodland,

(j) the new cemetery or extension in question does not have more than 2500 burials per hectare, in proportion to the total area of the new cemetery or extension,

(k) no part of the new cemetery or extension in question is within a groundwater Source Protection Zone 1,

(l) no part of the new cemetery or extension in question is within 250m of any well, spring or borehole that is used to supply water for domestic drinking or food production purposes,

(m) the new cemetery or extension is located either—

(i) entirely on strata which are unproductive strata,

(ii) entirely on strata which are a secondary B aquifer or entirely on strata which are secondary undifferentiated rocks, where the number of burials is less than 100 burials per annum,

(iii) entirely on a secondary A aquifer, where the number of burials is less than 50 burials per annum,

(iv) entirely on a principal aquifer and not in a groundwater Source Protection Zone 2, where the number of burials is less than 30 burials per annum, or

(v) on any combination of strata mentioned in paragraphs (i) to (iv), subject to sub-paragraph (4), and

(n) the new cemetery or extension does not need ongoing active control measures to be in place to protect the environment.

(4) Where a new cemetery or extension is, pursuant to sub-paragraph (3)(m)(v), partly located on one of the strata mentioned in sub-paragraph (3)(m)(ii), (iii) or (iv), the restriction on the numbers of burials per annum in sub-paragraph (3)(m)(ii), (iii) or (iv) (as the case may be) applies to the area of the new cemetery or extension located on that strata.

(5) In sub-paragraph (3)—

“groundwater flooding” means flooding where the water table beneath the ground rises and causes water to seep out at ground level;

“groundwater Source Protection Zone 2” means a zone—within—250m of a point at which water is abstracted for domestic or food production purposes from underground strata where the maximum allowable annual volume as authorised by a licence under section 24 of the Water Resources Act 1991 or allowed by virtue of section 27 of that Act (as the case may be) divided by 365 is less than 2,000 m3 per day, or500m of a point at which water is abstracted for domestic or food production purposes from underground strata where the maximum allowable annual volume as authorised by a licence under section 24 of the Water Resources Act 1991 divided by 365 is equal to or greater than 2,000 m3 per day, ordefined by a 400-day travel time for groundwater to reach a groundwater abstraction point that is used to supply water for domestic or food production purposes,whichever is larger;

“principal aquifer” means geological strata which—exhibit a high intergranular or fracture permeability, andprovide a high level of water storage and support water supply or base flow to rivers, lakes and wetlands on a strategic scale;

“secondary A aquifer” means permeable strata capable of supporting water supplies at a local rather than strategic scale;

“secondary B aquifer” means predominantly lower permeability strata including where they have, in part, the ability to store and yield limited amounts of groundwater by virtue of localised features such as fissures, thin permeable horizons or weathering;

“secondary undifferentiated rocks” means rock deposits or strata with variable permeability and storage properties which are not consistently a secondary A aquifer or secondary B aquifer;

“unproductive strata” means geological strata which—have a low permeability that has negligible significance for water supply or river base flow, andconsist of deposits that naturally offer protection to any aquifers that may be present beneath.

SCHEDULE26A — Variable monetary penalties (England)

PART1 — Variable monetary penalties: procedure

Power to impose a variable monetary penalty

1

(1) The Agency may by notice impose on a person a requirement to pay to the Agency a monetary penalty of such amount as the Agency may determine (“a variable monetary penalty”) in relation to a relevant offence which is committed in England on or after 1st December 2023.

(2) The Agency may only impose a variable monetary penalty where it is satisfied beyond reasonable doubt that the person has committed the offence.

(3) In this Schedule, “a relevant offence” means an offence specified in regulation 38.

(4) A variable monetary penalty must not be imposed on a person in relation to a relevant offence where—

(a) a variable monetary penalty has already been imposed on that person in relation to the same act or omission which gave rise to the offence; or

(b) the Agency has accepted an enforcement undertaking under paragraph 1 of Schedule 26 in relation to the same act or omission, unless the person from whom the undertaking is accepted has failed to comply with the undertaking, or any part of it.

(5) Before serving a notice relating to a variable monetary penalty, the Agency may require a person to provide such information as is reasonable to establish the amount of any financial benefit arising as a result of the offence.

(6) The Agency may impose a variable monetary penalty of—

(a) any amount, in relation to an offence under regulation 38(1) to (4); or

(b) an amount not exceeding the maximum amount of the fine which may be imposed on summary conviction, in relation to an offence committed by an establishment or undertaking under regulation 38(5).

Notice of intent to impose a variable monetary penalty

2

(1) Where the Agency proposes to impose a variable monetary penalty on a person, it must first serve on that person a notice of what is proposed (a “notice of intent”).

(2) The notice of intent must include information as to—

(a) the grounds for imposing the variable monetary penalty;

(b) the amount of the variable monetary penalty proposed;

(d) the circumstances in which the Agency may not impose the variable monetary penalty; and

(e) the right to make representations and objections within 28 days beginning with the day on which the notice of intent was received.

Making representations and objections

3

(1) A person on whom a notice of intent is served may, within 28 days beginning with the day on which the notice was received, make written representations and objections to the Agency in relation to the imposition of the variable monetary penalty.

(2) If the notice of intent is served other than by post, the date that the person receives the notice is to be taken as—

(a) the date that the email containing the notice was sent to the person, if served by email; or

(b) the date that the notice is delivered to the person, if served by another method.

Offering a third party undertaking

4

(1) A person on whom a notice of intent is served may offer the Agency an undertaking as to action to be taken by that person (including the payment of a sum of money) to benefit any third party affected by the offence (a “third party undertaking”).

(2) The Agency may accept or reject such a third party undertaking.

(3) If the Agency accepts the third party undertaking, it must also take that undertaking into account in making a decision in relation to the imposition of a variable monetary penalty.

Procedure for imposition of a variable monetary penalty

5

(1) Subject to sub-paragraph (2), after the end of the period for making representations and objections, the Agency must decide whether to impose the variable monetary penalty, with or without modifications.

(2) The Agency may not impose a variable monetary penalty on a person where it is satisfied that the person would not, by reason of any defence, be liable to be convicted of the offence to which the notice relates.

(3) Where the Agency decides to impose a variable monetary penalty, it must send to the person a notice imposing the variable monetary penalty (a “final notice”) including the information specified in paragraph 6.

Final notice

6

A final notice must specify—

(a) the grounds for imposing the variable monetary penalty;

(b) the amount of the penalty;

(d) the period within which payment must be made;

(e) the grounds on which the person on whom the penalty is imposed may appeal; and

(f) the consequences of failing to comply with the requirements of the final notice.

Variable monetary penalties: criminal proceedings and conviction

7

(1) This paragraph applies where the Agency has, in relation to a relevant offence—

(a) imposed a variable monetary penalty on a person; or

(b) accepted a third party undertaking from a person.

(2) The person referred to in sub-paragraph (1)(a) or (b) may not at any time be convicted of an offence in relation to the same act or omission for which the variable monetary penalty was imposed or the third party undertaking accepted, except in the case referred to in sub-paragraph (3).

(3) A case is within this sub-paragraph if—

(a) no variable monetary penalty is imposed on the person;

(b) a third party undertaking is accepted from the person; and

(4) Where sub-paragraph (3) applies, summary proceedings in relation to the offence which gave rise to the third party undertaking may be instituted at any time within the period of six months beginning with the date on which the Agency notified the person of their failure to comply with the third party undertaking.

Variable monetary penalties: enforcement cost recovery notice

8

(1) The Agency may require a person served with a final notice in accordance with paragraph 5(3) to pay the costs incurred by the Agency in relation to the variable monetary penalty.

(2) The costs which may be recovered are those incurred by the Agency up to the time that a final notice was served on the person and may include in particular—

(a) investigation costs;

(b) administration costs; and

(3) The Agency may recover the costs referred to in paragraph (2) by serving a notice requiring payment (“an enforcement cost recovery notice”) on the person.

(4) An enforcement cost recovery notice must—

(a) specify the amount to be paid and the method by which it may be paid;

(b) specify the period within which payment must be made, which must not be less than 28 days;

(i) that the Agency may on request be required to provide a detailed breakdown of the costs specified; and

(ii) that the person is not liable to pay any costs that they can show to have been unnecessarily incurred;

(d) specify the grounds on which the person served with the notice may appeal; and

(e) specify the consequences of failure to pay the amount required within the specified period.

(5) The person on whom the notice is served may require the Agency to provide a detailed breakdown of the amount of the costs.

(6) The person is not liable to pay any costs which they can show to have been unnecessarily incurred.

(7) The Agency may at any time, in writing, withdraw an enforcement cost recovery notice or reduce the amount specified in the notice.

PART2 — Non-compliance penalties and recovery of penalties and costs

Non-compliance penalty

9

(1) If a person fails to comply with a third party undertaking accepted by the Agency in accordance with paragraph 4(2), the Agency may serve a notice on that person imposing a monetary penalty (“a non-compliance penalty”) in relation to the offence to which the third party undertaking relates.

(2) The amount of the non-compliance penalty must be determined by the Agency in accordance with sub-paragraph (3).

(3) The amount of the non-compliance penalty must be a percentage of the costs of fulfilling the requirements or the remaining requirements of the third party undertaking, up to a maximum of 100%.

(4) The notice referred to in paragraph (1) must include information as to—

(a) the grounds for imposing the non-compliance penalty;

(b) the amount of the penalty;

(d) the period within which payment must be made, which must not be less than 28 days; and

(e) the grounds on which the person served with the notice may appeal.

(5) The Agency may at any time withdraw a notice imposing a non-compliance penalty by sending written confirmation of the withdrawal to the person on whom the notice was served.

Power to recover a variable monetary penalty or non-compliance penalty

10

(1) After the end of the period for payment of—

(a) a variable monetary penalty;

(b) a non-compliance penalty; or

the Agency may recover from the person on whom the penalty was imposed, or the notice served, the amount of the penalty or costs.

(2) The amount of the penalty or costs may be recovered as a civil debt, or, on the order of the court, as if payable under a court order.

PART3 — Appeals

Variable monetary penalties: appeals

11

(1) A person may appeal to the First-tier Tribunal against a decision by the Agency to impose a variable monetary penalty by service of a final notice.

(2) An appeal under this paragraph may be made on the grounds that—

(a) the decision was based on an error of fact;

(b) the decision was wrong in law;

(d) the decision was unreasonable for any other reason.

(3) Where a person appeals under this paragraph, the effect of the final notice to which the appeal relates is suspended until the appeal is finally determined.

Non-compliance penalty and enforcement cost recovery notice: appeals

12

(1) A person may appeal to the First-tier Tribunal against a decision by the Agency to impose a non-compliance penalty or to serve an enforcement cost recovery notice.

(2) An appeal under sub-paragraph (1) may be made on the grounds that—

(a) the decision to impose the penalty or serve the notice was based on an error of fact;

(b) the decision was wrong in law;

(d) the decision was unreasonable for any other reason.

(3) Where a person appeals under sub-paragraph (1), the effect of the decision or notice to which the appeal relates is suspended until the appeal is finally determined.

Powers of the First-tier Tribunal on appeal

13

On an appeal against a decision by the Agency to impose a variable monetary penalty or non-compliance penalty or to serve an enforcement cost recovery notice, the First-tier Tribunal may—

(a) withdraw the penalty or notice;

(b) confirm the Agency’s decision to impose the penalty or serve the notice;

(d) take any of the steps that the Agency could take in relation to the act or omission which gave rise to the penalty or notice; or

(e) remit the decision to impose the penalty or serve the notice, or any matter relating the decision, to the Agency for reconsideration.

PART4 — Guidance

Guidance as to the use of civil sanctions and cost recovery

14

(1) The Agency must—

(a) publish guidance about its use of variable monetary penalties, non-compliance penalties and enforcement cost recovery notices; and

(b) revise the guidance where appropriate.

(2) Before publishing guidance or revised guidance, the Agency must consult—

(a) such bodies or persons as appear to the Agency to be representative of the interests of local government, industry, agriculture and small businesses; and

(b) such organisations as appear to the Agency to be substantially affected by the proposals.

(3) In the case of a variable monetary penalty, the guidance must include information as to—

(a) the circumstances in which a variable monetary penalty is likely to be imposed;

(b) the circumstances in which it may not be imposed; and

(4) In the case of a non-compliance penalty or an enforcement cost recovery notice, the guidance must include information as to—

(a) how the Agency will exercise the power to impose a non-compliance penalty and the power to recover costs;

(b) how it will determine the amount to be recovered; and

(5) The Agency must have regard in exercising its functions to the guidance or revised guidance published in accordance with this paragraph.

PART5 — Publication of reports

Publication of enforcement action

16

(1) The Agency must from time to time publish reports specifying —

(a) the cases in which a variable monetary penalty has been imposed on a person; and

(b) the cases in which a third party undertaking has been accepted from a person.

(2) In sub-paragraph (1)(a), the reference to cases in which a variable monetary penalty has been imposed does not include cases where a variable monetary penalty has been imposed but was overturned on appeal.

(3) This paragraph does not apply in cases where the Agency considers that publication would be inappropriate.

Disclosure of information by the regulator

8

The regulator may share any information obtained from the operator of a materials facility under this Part with—

(a) a person who is appointed, by virtue of regulations made under Part 1 of Schedule 5 to the Environment Act 2021, as an administrator of a scheme for producer responsibility for disposal costs (“the administrator”), and

(b) any other person who is exercising functions on that administrator’s behalf,

for the purpose of enabling the exercise of functions conferred on the administrator under those regulations.

SCHEDULE 25C — Decarbonisation Readiness Requirements for Generators in England

PART 1 — Application of Schedule and interpretation

Application of Schedule

1

(1) This Schedule applies in relation to—

(a) England, and

(b) the sea adjacent to England out so far as the seaward boundary of the territorial sea.

(2) In this Schedule “the sea adjacent to England” has the meaning given for the purposes of regulation 1(3)(a).

Meaning of “in-scope generator”

2

(1) In this Schedule “in-scope generator” means a generator other than an excepted generator.

(2) A “generator” is—

(a) a specified installation,

(b) a medium combustion plant which is used for the purpose of generating electricity, or

(3) A generator is an “excepted generator” if it falls within one or more of the following paragraphs—

(a) it operates with a defined nuclear safety role under a nuclear site licence (within the meaning of section 1 of the Nuclear Installations Act 1965) issued by the Office for Nuclear Regulation;

(b) it is a back-up generator;

(c) it is installed on an offshore platform (within the meaning of paragraph 2(2) of Part 1 of Schedule 25A) situated on, above or below the sea adjacent to England;

(d) it is installed on a gas storage or unloading platform (within the meaning of regulation 2 of the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013) situated in the sea adjacent to England;

(e) it has anchor plant capability, as defined in the Grid Code, issue 6, revision 27 published on 1st October 2024 by the National Energy System Operator;

(f) it uses gas generated from landfill waste as its sole source of fuel;

(g) it is a mobile generator other than one referred to in paragraphs 2(1)(a) or 2(1)(b) in Schedule 25B;

(4) For the purposes of this paragraph—

(a) a generator is a “back-up generator” if it is operated for the sole purpose of maintaining power supply to a site during an on-site emergency (and use for test purposes for no more than 50 hours in any single calendar year is to be regarded as falling within that purpose);

(b) “specified installation” means an installation carrying on any of the following activities for the purposes of generating electricity—

(i) an activity described in Part A(1) of Section 1.1 of Chapter 1 of Part 2 of Schedule 1, or

(ii) an activity described in Part A(1) of Section 5.1 of Chapter 5 of Part 2 of Schedule 1.

3

(1) This paragraph applies for the purposes of this Schedule.

(2) A “decarbonisation readiness report” is a report which includes—

(a) a CCR technical assessment, a CCR economic feasibility certification and a CCR storage feasibility certification, or

(b) an HCR technical assessment, an HCR economic feasibility certification and an HCR fuel feasibility certification.

(3) A “CCR technical assessment” is an assessment as to whether the CCR conditions are met in relation to a relevant generator (see paragraph 4).

(4) A “CCR economic feasibility certification” is a statement that the operator has reasonable grounds to believe that it will be economically feasible for a relevant generator to—

(a) be connected to a qualifying complete CCS system during the lifetime of the relevant generator, and

(b) operate whilst connected to that system.

(5) A “CCR storage feasibility certification” is a statement that the operator has reasonable grounds to believe that it will be technically feasible, during the lifetime of a relevant generator, for the relevant amount of EG CO₂ captured to be transported (including by way of non-pipeline transport methods) to a named storage site for disposal by way of permanent storage.

(6) An “HCR technical assessment” is an assessment as to whether the HCR conditions are met in relation to a relevant generator (see paragraph 5).

(7) An “HCR fuel feasibility certification” is a statement that the operator has reasonable grounds to believe that it will be possible, during the lifetime of a relevant generator, to ensure access to a sufficient supply of hydrogen for the relevant generator to enable it to use hydrogen as the primary source of fuel.

(8) An “HCR economic feasibility certification” is a statement that the operator has reasonable grounds to be believe that it will be economically feasible for a relevant generator to—

(a) be converted to the use of hydrogen as the primary source of fuel during the lifetime of the relevant generator, and

(b) use primarily that fuel.

(9) For the purposes of this paragraph “named storage site” means a geological disposal site approved under Chapter 3 of Part 1 of the Energy Act 2008 and other legislation which transposed Directive 2009/31/EC on the geological storage of carbon dioxide in relation to England and Wales, which is identified in a decarbonisation report as the site to which EG CO₂ is to be transported.

The CCR conditions

4

For the purposes of this Schedule, a relevant generator meets the CCR conditions if—

(a) it is technically feasible to retrofit the generator with the plant and facilities necessary to capture the relevant amount of EG CO₂, and

(b) sufficient space is set aside for the plant and facilities necessary to capture and compress the relevant amount of EG CO₂.

The HCR conditions

5

For the purposes of this Schedule, a relevant generator meets the HCR conditions if—

(a) it is technically feasible to retrofit the generator with the plant and facilities necessary for the use by that generator of hydrogen as its primary fuel; and

(b) there is sufficient space for the technology or techniques proposed by the operator for the provision of hydrogen to the relevant generator.

Interpretation: general

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(1) In this Schedule—

“EG CO₂”, in relation to a generator, means the carbon dioxide produced by, or in connection with, the generation of electricity by the generator;

“qualifying complete CCS system” means a system of plant and facilities for—capturing some or all of the carbon dioxide (or any substance consisting primarily of carbon dioxide) that is produced by, or in connection with, the generation of electricity by a generating station;transporting the carbon dioxide (or substance captured); anddisposing of it by way of permanent storage;

“the relevant amount of EG CO₂”, in relation to a generator, means—90% of EG CO₂ produced by the generator each year, orwhere the use of best available techniques (within the meaning given in Article 3(10) of the Industrial Emissions Directive) would result in a greater rate of capture of EG CO₂ produced by the generator each year, that amount of EG CO₂;

“relevant generator” means—an in-scope generator, oran in-scope generator as refurbished (whether or not substantially refurbished);

“standard relevant generator” means a relevant generator that is a standard facility.

(2) For the purposes of this Schedule, a generator is “substantially refurbished” if the cost of refurbishing a combustion plant exceeds 50% of the investment cost for a comparable new combustion plant.

PART2 — Applications for the grant or variation of an environmental permit

Application of Part 2 of this Schedule

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(1) This Part of this Schedule does not apply to any existing application.

(2) In this paragraph “existing application” means an application made before the day on which the Environmental Permitting (Electricity Generating Stations) (Amendment) Regulations 2025 come into force—

(a) for the grant of an environmental permit under regulation 13, or

(b) for the variation of an environmental permit under regulation 20(1).

Applications for the grant or variation of an environmental permit

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(1) An application for the grant of an environmental permit under regulation 13(1) for an in-scope generator must include a decarbonisation readiness report.

(2) A variation application must include a decarbonisation readiness report where the application relates to—

(a) the substantial refurbishment of an in-scope generator, or

(b) the addition of an in-scope generator.

(3) A variation application (other than one mentioned in sub-paragraph (2)) may include a decarbonisation readiness report.

(4) In this paragraph “variation application” means an application for a variation of an environmental permit under regulation 20(1).

(5) Paragraph 8(1) does not apply in respect of—

(a) an existing medium combustion plant within the meaning of paragraph 2(1) of Schedule 25A with a rated thermal input of less than or equal to 5 megawatts, or

(b) a Tranche A generator within the meaning of paragraph 3(3) of Schedule 25B with a rated thermal input equal to or less than 5 megawatts.

Determination of applications

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(1) Where, as required or permitted by paragraph 8, a decarbonisation readiness report is submitted with an application for the grant or variation of an environmental permit, the regulator may only grant that application if it determines that the CCR conditions or, as the case may be, the HCR conditions are met.

(2) In the case of an application in respect of a standard relevant generator, the regulator may, without further enquiry, accept a statement made in the application or any accompanying decarbonisation readiness report that the CCR conditions or, as the case may be, the HCR conditions are met, as conclusive proof of the truth of the satisfaction of those conditions.

(3) The regulator’s determination under sub-paragraph (1) must have regard to the CCR technical assessment or the HCR technical assessment included in the relevant decarbonisation readiness report.

(4) An environmental permit granted pursuant to an application of the kind referred to in sub-paragraph (1)—

(a) must include a condition requiring the holder of the permit to carry out a review of their decarbonisation readiness report at intervals not exceeding 2 years;

(b) may include a condition requiring the permit holder to report to the regulator the findings of the review;

(5) By way of an exception from paragraph (1), in the case of a relevant generator, the regulator may grant an application to vary an environmental permit, where that permit was granted on or before the day on which the Environmental Permitting (Electricity Generating Stations) (Amendment) Regulations 2025 come into force and the regulator is satisfied that, having regard to representations made, meeting the CCR conditions or, as the case may be, the HCR conditions would not be reasonably practicable due to the location or technical characteristics of the relevant generator.

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