Regulatory position statements (RPSs) are official documents issued by regulatory bodies that outline specific circumstances under which certain activities, which would require a permit, can be carried out without one. Operating under an RPS does not remove the requirement for a permit, but a regulator won`t take enforcement action for not having a permit where the conditions of a current RPS are met.
N.B. In Wales, RPSs are officially known as regulatory decisions (RDs).
Differences Across UK Jurisdictions
The regulatory landscape in the UK is divided among 4 jurisdictions: England, Wales, Scotland, and Northern Ireland. Each has its own environmental regulatory body and may issue RPSs with varying conditions and scopes.
*The Regulatory bodies are:
- the Environment Agency (EA) in England;
- Natural Resources Wales (NRW);
- the Scottish Environment Protection Agency (SEPA); and
- the Department of Agriculture, Environment and Rural Affairs (DAERA) in Northern Ireland.
Key Features of RPSs
- Purpose: RPSs are designed to offer temporary relief from standard permitting requirements for specific activities, particularly those which are low-risk. They are typically issued in response to emerging issues, changes in legislation, or practical considerations that make the usual permitting process impractical or unnecessary.
- Scope: Each RPS is specific to certain activities and does not apply to other activities, even if they fall under the same legislation.
- Validity: Some RPSs have review dates and expiration dates. If the review date has passed, the RPS remains in force until it is withdrawn or removed by the regulator.
Regulators can publish new RPSs, update existing ones, or withdraw any RPS at any time, without prior notice. This is why those operate under an RPS must check regularly to ensure the respective RPS is still valid.
Example RPSs
This RPS allows individuals and organisations to burn waste wood during community events (e.g. bonfire night) without the need to apply for a permit. However, the activity must comply with certain conditions such as location size and type of wood that can be burned.
- Small scale food waste storage (Scotland)
This RPS allows for the temporary storage of food waste at a site other than that of production, without a waste management licence (WML), subject to conditions. The conditions include a quantity limit of 2 tonnes and a maximum storage duration of 48 hrs.
This RPS delays the introduction of ‘nation of sale’ and ‘self-managed’ organisational waste data collection and reporting under pEPR until 2026. It states The Northern Ireland Environment Agency (NIEA) will not enforce certain data collection and reporting requirements for years 2024 and 2025.
This regulatory decision (RD) allows washroom services companies to store up to 3 m3 of waste aerosol dispensers at their site for up to 3 months, prior to disposal or recovery elsewhere.
RPS updates on LUS (LUS Subscribers Only)
The Legislation Update Service (LUS) provides separate entries for RPSs applicable in each UK jurisdiction. The entries are reviewed and updated monthly.
- Regulatory Position Statements – England
- Regulatory Position Statements – Wales
- Regulatory Position Statements – Scotland
- Regulatory Position Statements – Northern Ireland
Conclusion
RPSs play an important role in the UK’s environmental regulatory framework by providing clear guidelines on when permits are not required for specific activities. While the fundamental concept of regulatory positions is consistent across the UK, each jurisdiction tailors its RPSs to address local regulatory needs and priorities. Understanding these differences is essential for compliance and effective environmental management.
