Waste exemptions (‘exemptions’) allow waste operators to carry out certain low risk, small scale, waste activities under a registration scheme, without needing an environmental permit.
In 2018, a waste crime consultation was held which included waste exemption reforms designed to ensure exemptions could no longer be used to mask illegal waste activity in England and Wales. The proposals aimed to tackle the longstanding issues of crime and poor performance in the waste sector.
On 15th July 2025, the Department for Environment, Food & Rural Affairs (Defra) published a white paper confirming its intention to reform the waste exemptions system by amending the Environmental Permitting (England and Wales) Regulations 2016. The paper sets out the approach that they will take and how waste exemptions will change in England and Wales to tackle the issues identified.
Key changes
- Prohibiting exemptions registrations at permitted sites
- Limiting how many exemptions can be used at a site
- Increased requirements for operators to record information about exemptions
- Technical changes to waste codes and conditions to increase consistency
Exemptions to be removed
- T8 – Mechanical treatment of end-of-life tyres
- T9 – Recovery of scrap metal
- U16 – Use of depolluted end-of-life vehicles for parts
Exemptions to be changed
- U1 – Use of waste in construction
- T4 – Preparatory treatments
- T6 – Treatment of waste wood and waste plant matter
- T12 – Manual treatment of waste
- D7 – Burning waste in the open
- S1 – Storage of waste
- S2 – Storage of waste in a secure place
Prohibiting exemptions at permitted sites
It will not be possible to register exemptions at or adjacent to permitted sites. The concept of a ‘direct link’ will be introduced. This refers to waste activity carried out adjacent to a permitted waste operation and either:
- is carried out under the control of the same operator, or
- uses the same staff, equipment or infrastructure.
This term will be defined in the regulations and explained further in guidance.
Limiting how many exemptions can be used at a site
When more than one exemption is registered at a site, the storage limit for each waste type is limited to the lowest limit set out in the exemptions registered. This will be regardless of the order in which the exemptions were registered.
S1 and S2 exemptions cannot be registered at a site where there is a direct link to any other waste exemption.
Requiring additional information
There will be the requirement for those with exemptions registered to:
- Keep and make records available on request for all exemptions
- Keep records in an electronic format and/or in a system identified by the regulator
Regulators will also be able to impose additional information requirements for individual exemptions at registration, on an ongoing basis, or at the end of an operation.
Transitional arrangements
There will be a staggered approach to the planned exemption reforms. Transitional periods by which each exemption will be changed or removed will be implemented, ranging from 3 to 12 months. Operators will be able to continue using their existing registered exemptions until their respective transition period expires. Further details on the transition period for specific exemptions can be found here.
Timescale for change
The timescale for waste exemption reform has not yet been confirmed, however, based on previous changes to the Environmental Permitting Regulations, The Compliance People anticipate that it could be between 18 months to 2 years before the amended regulations come into force. We will keep you informed when there are any developments and further information becomes available.
Action to take
The changes to exemptions will mean that some activities previously covered by an exemption will require an environmental permit to continue to operate legally.
We would therefore recommended that organisations currently using waste exemptions familiarise themselves with the upcoming changes and check whether the activities undertaken will meet the amended waste exemptions and their conditions when the amended regulations come into force.
For exemptions that are to be removed, operators will need to check whether another exemption covers the activities or apply for an environmental permit.
How we can support
Our team of experienced consultants are here to support your organisation with preparing for the upcoming changes. We can:
- Audit compliance with the reformed waste exemption conditions to establish whether your activities can meet the conditions set
- Offer expert advice and support to achieve regulatory compliance with the changes
We are also in the process of developing a Waste Exemptions Reforms Awareness Course, to give you a clear, expert-led overview of the proposed changes. Register your interest below.
