Your monthly update on legislation, guidance, interesting news articles, and webinars from the environmental sector.
Upcoming Legislation
Biodiversity Gain (Town and Country Planning) (Amendments and Transitional Provisions) (England) Regulations 2026
The Biodiversity Gain (Town and Country Planning) (Amendments and Transitional Provisions) (England) Regulations 2026 amended the Town and Country Planning (Development Management Procedure) (England) Order 2015 and Biodiversity Gain Requirements (Exemptions) Regulations 2024 on 6 August 2026.
The amendments loosen Biodiversity Net Gain (BNG) requirements on smaller scale developments.
BNG requirements will no longer apply to the following developments from 6 August 2026:
- developments no larger than 0.2 ha that do not impact an onsite priority habitat,
- temporary (less than five year) developments that do not impact an onsite priority habitat where the planning permission granted solely consists of temporary development.
This legislation applies in England only.
For the full legislation, click here.
Source: Greenspace
Carbon Border Adjustment Mechanism (Calculation of CBAM Rate and Determination of Carbon Price Relief) Regulations 2026
The Carbon Border Adjustment Mechanism (Calculation of CBAM Rate and Determination of Carbon Price Relief) Regulations 2026 will come into force on 1 January 2027.
This legislation states how the UK Carbon Border Adjustment Mechanism (UK CBAM) rate will be set and apply requirements that must be met to claim carbon price relief through qualifying carbon pricing schemes. Where carbon price relief is to be claimed, eligibility and associated effective carbon pricing calculations must be verified.
The Treasury will calculate the UK CBAM rate based on the average price per tonne of emissions under the UK Emissions Trading Scheme (UK ETS) achieved at auction in the preceding quarter. This rate is adjusted to reflect the impact of free allowances under the UK ETS.
These regulations apply rules on how the UK CBAM rate will be set on imported goods.
The UK CBAM will apply to qualifying imports from the aluminium, fertiliser, cement, hydrogen and iron and steel sectors.
The regulations also apply rules that must be met to claim carbon price relief. Relief will be applied to goods manufactured or processed by installations participating in qualifying carbon pricing schemes when verification requirements have been met. This aims to recognise the impact of carbon pricing in the country of origin or processing by applying an ‘effective carbon price.’
Qualifying carbon pricing schemes must be operated by governments or by supra-national organisations on behalf of a government. These schemes must mandate participation by the respective installations by law and impose direct or indirect costs on emissions per tonne of carbon dioxide equivalent (tCO2e).
To claim relief, importers must arrange verification of relief via an accredited verifier, who will complete the required carbon pricing verification form.
Data within the carbon pricing verification form must then be used to determine carbon price relief: multiplying the effective carbon price by the emissions embodied in the good, disregarding emissions outside of a qualifying carbon pricing scheme.
Importers claiming carbon price relief must maintain written records of the associated evidence. This must be kept for at least six years following the day after the end of the accounting period to which the return claiming carbon price relief for the good relates.
This legislation will apply across the UK.
For the full legislation, click here.
Source: Greenspace
Guidance
Regulatory Position Statement (RPS) 329: Store, Depollute and Dismantle Waste Motorcycles
This RPS was reviewed and updated on 21 August 2026 to extend to 1 September 2029.
This RPS applies to storing, depolluting and dismantling motorcycles when operating a site using SR2021 No 12: Vehicle storage, depollution and dismantling (authorised treatment) facility.
You must:
- have and fully comply with standard rules permit SR2021 No 12,
- only store, depollute and dismantle motorcycles.
You must not:
- depollute and dismantle more than 40 waste motorcycles per week,
- store more than 40 waste motorcycles at any one time.
The Environment Agency will review this RPS by 1 September 2029.
The link to the RPS, can be found here.
Source: Gov.uk
RPS 330: Extended Producer Responsibility (EPR) for Packaging Producer Data Requirements
This RPS has been updated to reflect collecting and reporting nation data, self-managed organisational packaging waste data for 2024 to 2027 and bag data for 2025 to 2027.
This RPS applies to producer obligations to collect and report data relating to nation data, self-managed organisational waste and plastic and paper bags.
If you are a member of a compliance scheme or group registration, the obligation to report your data falls to your scheme operator or holding company, as set out in the packaging regulations.
This RPS does not apply to any other data collection or reporting obligations under the packaging regulations.
This RPS delays the introduction of:
- self-managed organisational waste data collection until 1 January 2028 and reporting on or before 1 October 2028,
- nation data collection until 1 January 2028 and reporting on or before 1 April 2029,
- plastic and paper bags data collection until 1 January 2028 and reporting on or before 1 April 2029.
This will reduce the regulatory burden of data collection and reporting obligations that have no bearing on producer disposal fees and recycling obligations for producers, compliance schemes, and holding companies.
Nation data and self-managed organisational waste data is for use in determining individual UK nation recycling targets. This data will be of limited value until data from other upcoming legislative reforms is reported.
The Environment Agency will review this RPS by 31 December 2028.
The link to the RPS, can be found here.
Source: Gov.uk
RPS 283: Documentation for Business Waste at Takeback Points
This RPS was reviewed on 25 August 2026 and extended until 30 September 2027 when phase 2 of digital waste tracking will be implemented.
This RPS applies to the transfer of business waste at a takeback point operated by a wholesaler or retailer in line with non-waste framework directive (NWFD) 4 exemption without completing either:
- a waste transfer note,
- a hazardous consignment note.
The Environment Agency will review this RPS by 30 September 2027.
The link to the RPS, can be found here.
Source: Gov.uk
Articles
UK Delays Expansion of ETS to Waste Incineration
The expansion of the UK’s Emissions Trading Scheme (ETS) to Energy from Waste (EfW) will no longer take place in 2028.
DESNZ confirmed the delay on 26 August 2026 in an update to the original ETS consultation page.
The new timeline has not yet been confirmed, with the government saying: “A new timeline will be set out in due course, along with full details on final policy design, with sufficient time for the waste sector to implement.”
For more details, click here.
Source: Lets Recycle
Small-Scale Biomass Subsidies to End Without Replacement
The Government has ruled out introducing successor subsidy support for small-scale biomass generators once their existing Renewables Obligation (RO) support comes to an end.
The Government defines small-scale biomass generators as those with a generation capacity below 100MW. The category includes dedicated biomass, biomass combined heat and power, sewage gas, energy from waste, anaerobic digestion and advanced conversion technologies.
Existing support will begin to expire from 2027, with different assets reaching the end of their support periods through to 2037.
The Government did not believe the benefits of continued support warranted the development of a successor scheme. The Recycling and Environmental Action Programme (REA) has criticised the decision, saying it did not adequately reflect the role biomass plants play in the circular economy and waste management.
The Wood Recyclers’ Association (WRA) has previously warned that support for waste wood biomass plants beginning to fall away from April 2027 could force facilities to close, removing a major domestic outlet for waste wood.
The WRA has called for the Government to consider the material currently processed by the plants, available alternative treatment capacity, the cost and environmental impact of alternative routes, and the implications for local authority and construction and demolition waste.
Source: letsrecycle.com
For more details, click here.
Enforcement Action
Northampton Firm Fined £40k After Three Waste Offences
A Northampton business has been fined more than £40,000 after unlawfully depositing commercial and food waste on land in the town. The offences took place on three separate occasions between 22 December 2025 and 23 January 2026.
West Northamptonshire Council’s Environmental Crime Team investigated reports of the unlawful deposits on each occasion and found evidence linking the waste to the firm. The council subsequently prosecuted the company for three offences under Section 34(1)(a) of the Environmental Protection Act 1990, which places a duty on businesses to ensure their waste is handled and disposed of lawfully.
The court imposed a £40,200 fine and ordered the company to pay £1,567.26 in costs.
Councillor Andrew Last, Cabinet Member for HR, corporate and regulatory services at West Northamptonshire Council, said the case should act as a warning to businesses considering cutting costs through unlawful waste disposal.
He commented: “West Northamptonshire Council will investigate these incidents and take enforcement action where we have sufficient evidence. Businesses could end up with a hefty fine.
“Fly-tipping any kind of waste is totally unacceptable and a blight on our communities. It gives a negative impression of our towns and villages, can attract vermin and encourages further fly-tipping.”
Source: letsrecycle.com
For the full article, click here.
Housebuilder Pays £201,500 After Silt Pollutes Watercourses
A housebuilder has agreed to pay £201,500 to environmental projects after silt from a housing development was discharged into two watercourses in Yate, Gloucestershire which polluted the Ladden Brook and Tanhouse stream over six days in July 2022 when silt was jetted from land drainage during cleaning and surveying work.
The incident prompted an Environment Agency investigation. The company acknowledged responsibility and subsequently spent more than £180,000 on remediation, staff training and improved practices for managing surface water.
The Environment Agency has now accepted an enforcement undertaking from the company, with the £201,500 payment being directed towards three environmental projects.
The largest payment, £165,000, will go to Bristol and Avon Rivers Trust for a River Chew catchment fish recovery project, community engagement and environmental DNA (eDNA) fish monitoring.
A further £25,000 will be provided to Avon Wildlife Trust to fund a community ecologist, while £11,500 will go to Tortworth Forest Centre for a woodland wellbeing programme and tree planting.
Source: watermagazine.co.uk
For the full article, click here.
Consultations
Changes to the Enforcement and Sanctions Policy – Including Implementing New Water and Waste Enforcement Powers
The consultation describes the changes that the Department for Environment, Food & Rural Affairs (DEFRA) is proposing to make to its Enforcement and Sanctions Policy. The consultation sets out:
- changes to general principles including how DEFRA assesses enforcement undertakings. It has also added an additional enforcement penalty principle to better protect the interests of victims and simplified its public interest factors.
- a new Annex 5 which sets out how DEFRA proposes to apply Water (Special Measures) Act 2025 civil sanctions when they become available. These include:
- civil variable monetary penalties imposed to the civil standard of proof “on the balance of probabilities”,
- automatic penalties where it is under a duty to impose a fixed monetary penalty to the civil standard of proof “on the balance of probabilities”,
- fixed monetary penalties where their use is discretionary.
- proposed changes to Annex 4 which set out:
- proposed amendments to the enforcement approach for The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024,
- the proposed enforcement approach for the first phase of Digital Waste Tracking as enacted by The Digital Waste Tracking (England) Regulations 2026,
- the proposed enforcement approach for the Deposit Returns Scheme as enacted by The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025.
- proposed changes to Annex 3 to clarify the enforcement approach under The Control of Mercury (Enforcement) Regulations 2017.
The consultation closes at 11:59am on 4 October 2026.
The link to the consultation can be found here.
Powers for Local Authorities to Issue Conditional Cautions to Fly-Tipping Offenders
DEFRA is proposing to give local authorities powers to issue conditional cautions, to help them tackle fly-tipping.
DEFRA wants to know what individuals think of introducing powers for local authorities to issue conditional cautions to fly-tipping offenders and how these cautions could be enforced, including whether to prosecute offenders who fail to comply or only partially comply.
They also want to know if individuals can share information on the likely:
- impact on prosecutions,
- implementation requirements,
- costs and potential savings from offender-led clean-up work,
- organisations best placed to supervise such activity.
DEFRA would also like views on any unintended or environmental consequences, and whether alternative measures would be more effective at deterring fly-tipping.
The consultation closes at 11:59am on 4 October 2026.
The link to the consultation can be found here.
Cura Terrae Services
Management and Compliance Services
Cura Terrae offers the expertise and guidance needed to navigate the ever-evolving regulations and growing expectations for environmental responsibility. We can support you in navigating these challenges effectively.
From initial assessments to ongoing compliance monitoring, our multidisciplinary team delivers practical, actionable advice tailored to your unique requirements. Whether addressing specific operational environmental requirements, ensuring adherence to environmental laws, or supporting strategic sustainability goals, we provide the tools and insights to help your organisation operate responsibly, efficiently, and sustainably.
Our holistic approach integrates compliance and environmental stewardship into your operations, empowering you to reduce risks, improve operational performance, and demonstrate your commitment to sustainable practices.
Our services and support will allow you to focus on your core business activities while we handle the finer details of environmental compliance.
- Environmental Permit Applications and Support
- Environmental Permit Applications
- Medium Combustion Plant (MCP) Permit Applications
- Permit Variations
- Permit Surrenders
- Regulation 61 BAT Assessments
- Environmental Permit Training
- Environmental Permit Application Gap Analysis
- Flood Risk Activity Permit (FRAP) Applications
- Trade Effluent Discharge Consent (TEDC) Applications and Variations
- H1 Risk Assessments
- Dust Management Plans (DMPs)
- Fire Prevention Plans (FPPs)
- Odour Management Plans (OMPs)
- Environmental Audits and Inspections
- Environmental Support and Assistance
- Waste and Materials Management
- Carbon Net Zero and Climate Change Management
- Environmental Legal Compliance Support Service
- Environmental Management Systems (EMS)
- Environmental Due Diligence (EDD)
- Construction Environmental Management Plans (CEMPs)
For further information, click here.
- Trade Effluent Performance Audit
Our independent Trade Effluent Performance Audit provides an objective review of your trade effluent management, helping you to improve operational performance, identify opportunities to reduce unnecessary costs and ensure your site is well prepared for the future.
Get in touch to discuss how a Trade Effluent Performance Audit can support your business. Contact Rebecca Chapman (rebecca.chapman@cura-terrae.com).
Events
SBTi Corporate Net Zero Standard v2.0: Deep Dive and Live Q&A
28 September 2026, 13:00-14:00
The Science Based Targets initiative has published the Corporate Net-Zero Standard V2.0— a major step forward for corporate climate action, and an evolution of the widely adopted global benchmark for business leadership on climate transition.
This session will explore the key changes introduced in the updated standard and why they matter, what it means for companies setting and implementing science-based targets and details on the transition timeline for the new standard. This session will offer an opportunity to ask questions directly to the SBTi experts.
To register for this event, click here.
Sustainability Delivery Summit London
8 October 2026, London
Now in its 12th year, the Sustainability Delivery Summit London continues its focus on the practical solutions, partnerships and systems that turn infrastructure plans into built reality.
Designed for purposeful collaboration, join environmental consultants, policymakers, investors, contractors, infrastructure providers and asset owners to explore solutions to real-world challenges.
Attendees can expect to:
- Learn how to navigate policy frameworks and regulations efficiently
- Hear first-hand practical approaches that create economic value, deliver social benefits, and mitigate impacts on the environment
- Discover how infrastructure projects can deliver community benefits from social value to workforce inclusion
- Support pathways to make environmental careers and infrastructure planning more accessible.
For tickets, register here.
