Your monthly update on legislation, guidance, interesting news articles, and webinars from the environmental sector.
Upcoming Legislation
The Digital Waste Tracking (England) Regulations 2026
These regulations will implement the first phase of the mandatory digital waste tracking system in England from 1 October 2026. In this phase, facilities in England that are permitted to receive waste will need to register with the digital waste tracking system and enter specified information on waste received into the system.
The forthcoming second phase, expected in 2027, will apply to producers, carriers and brokers of waste.
These regulations apply to England only.
For the full legislation, click here.
Source: Gov.uk
Conservation (Natural Habitats, etc.) (Amendment) Regulations (Northern Ireland) 2026
The Conservation (Natural Habitats, etc.) (Amendment) Regulations (Northern Ireland) 2026 will amend the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 on 8 July 2026.
The rules for the designation of future marine Special Protection Areas (SPAs) and marine Special Areas of Conservation (SACs) will be updated to bring them into line with Marine Conservation Zone powers under the Marine Act (Northern Ireland) 2013.
This legislation will apply in Northern Ireland only.
For the full legislation, click here.
Source: Greenspace
Environmental Delivery Plans (Appropriate Prioritisation) Regulations 2026
The Environmental Delivery Plans (EDPs) (Appropriate Prioritisation) Regulations 2026 were made under the Planning and Infrastructure Act 2025 and came into force on 9 July 2026.
The Environmental Delivery Plans (Appropriate Prioritisation) Regulations 2026 apply rules on Natural England concerning the drafting or amendment of EDPs. Natural England is required to prioritise avoidance measures over mitigation measures and compensation measures and to prioritise mitigation measures over compensation measures where considered appropriate.
EDPs must state whether proposed conservation measures they include are avoidance, mitigation or compensation measures.
This legislation applies in England only.
For the full legislation, click here.
Source: Greenspace
Nature Restoration Levy Regulations 2026
The draft Nature Restoration Levy Regulations 2026 will be made under the Planning and Infrastructure Act 2025. These regulations will come into force on a forthcoming date, which is not confirmed in the draft.
EDPs will allow developers to discharge certain environmental obligations by contributing to a Nature Recovery Fund (NRF) when an EDP is available.
The Nature Restoration Levy Regulations 2026 will require that:
- the levy is paid when a liability exists,
- the levy is paid in full or as a first instalment before the development commences,
- the amount of levy is calculated using the method stated,
- the levy is only used for the conservation measures and associated measures in the EDPs, including system costs shared between EDPs.
The regulations also state how the levy will be enforced, including surcharges that may be applied for breaches of the regime. When no party assumes liability for the levy, Natural England may impose the levy on the owners of the land being developed to recover costs.
This legislation will apply in England only.
For the full legislation, click here.
Source: Greenspace
Guidance
Regulatory Position Statement (RPS) 371: Compliance with Best Available Techniques Associated Emission Limits (BAT-AELs) for Indirect Emissions to Water at Chemical Waste Treatment Installations
This RPS has been updated to reword the following bullet point in the ‘Things to note’ section to avoid misinterpretation: “This will: prevent metals partitioning into sludge at wastewater treatment plants which can then be spread on land”.
This RPS applies to operators of chemical waste treatment installations. It applies where you are unable to comply with your emission limits to sewer for Lead (Pb), Zinc (Zn) and Hydrocarbon Oil Index (HOI) in your permit.
This RPS also applies to chemical waste treatment installations and operators of metal shredding waste treatment installations. It applies where you are unable to comply with the Environment Agency’s Monitoring Certification Scheme (MCERTS) when monitoring emissions of HOI and organically bound halogens (AOX) to water.
This RPS does not change your legal requirement to comply with the conditions of your environmental permit.
However, the Environment Agency will not normally take enforcement action against you if you do not comply with this legal requirement provided that your activity meets the description set out in this RPS and you comply with the conditions set out in this RPS.
In addition, your activity must not cause (or be likely to cause) pollution of the environment or harm to human health, and must not:
- cause a risk to water, air, soil, plants or animals,
- cause a nuisance through noise or odours,
- adversely affect the countryside or places of special interest.
The Environment Agency will review this RPS by 1 July 2027.
The link to the RPS, can be found here.
Source: Gov.uk
RPS 361: Exceeding Wood Waste Storage Limits at Permitted Sites
This RPS applies to the temporary storage of waste wood destined for incineration, biomass or panel board manufacture in quantities that exceed the limits in your permit.
This RPS applies when unplanned downtime at your destination energy from waste incineration plant, biomass plant or panel board plant has placed pressure on waste storage capacity. There must be no reasonable contingency capacity available elsewhere.
You must:
- store waste wood in its largest form prior to shredding,
- store waste wood within the permitted boundary,
- store waste wood securely in a manner that prevents waste escaping and access by the public,
- follow the ‘first in first out’ principle to make sure the oldest waste wood is always removed first,
- comply with any additional site specific and fire prevention requirements specified when the Environment Agency agreed your notification,
- keep records for two years from the date of the last use of the RPS to show that you have complied with this RPS and make these records available to the Environment Agency on request.
You must not:
- operate above your permitted waste storage limits without having received written agreement from the Environment Agency,
- store wood waste other than those listed in your permit,
- store more wood waste or different types of wood waste than that which has been agreed in writing,
- store waste for longer than has been agreed in writing.
This RPS does not change your legal requirement to comply with an environmental permit. However, the Environment Agency will not normally take enforcement action if you do not comply with this legal requirement if you meet the requirements in this RPS.
The Environment Agency will review this RPS by 31 March 2027.
The link to the RPS can be found here.
Source: Gov.uk
RPS 183: Storing Waste Samples for Regulation or Investigation
This RPS applies to regulatory and enforcement bodies or their contractors when they are storing waste samples:
- for regulation or investigation at locations other than where the samples are tested or analysed,
- at the place of testing or analysis under other powers to those listed in the registrable D5 waste exemption.
This RPS does not apply where the activity is carried on as part of another activity which requires a permit.
You must:
- store dangerous substances separately in line with ‘Chemical warehousing: The storage of packaged dangerous substances’,
- store waste samples in a secure place – where you have taken all reasonable precautions to prevent waste escaping and where members of the public cannot access it,
- keep records for three years from the date of the last use of the RPS to show that you have complied with this RPS and make these records available to the Environment Agency on request.
You must not:
- store more than one tonne of waste samples in total, at any time at any one site,
- store the waste samples for more than 12 months – where samples have been taken for use in court proceedings this period may be extended if ordered by the courts.
You should register a D5 waste exemption if you store waste samples at the place of testing or analysis.
This RPS does not change your legal requirement to comply with an environmental permit. However, the Environment Agency will not normally take enforcement action if you do not comply with this legal requirement if you meet the requirements in this RPS.
The Environment Agency will review this RPS by 30 June 2029.
The link to the RPS can be found here.
Source: Gov.uk
RPS 372: Using Biogas or Biomethane in a Small Combustion Unit Under SR2023 No. 1 Permit
This RPS was published on 13 July 2026. The RPS applies to operators who, at the same site:
- hold standard rules permit SR2023 No. 1,
- use biogas or biomethane in a combustion unit (or units) of less than 0.4 megawatts (MW) thermal input in total.
You must:
- have a SR2023 No. 1 permit at the site where the biogas or biomethane will be used,
- use biogas or biomethane collected passively from on-farm slurry lagoons or tanks,
- produce energy to provide power or heat,
- burn biogas or biomethane in a combustion unit (or units) with a net rated thermal input of less than 0.4MW in total,
- ensure your appliance is suitable to burn biogas or biomethane,
- maintain and operate the combustion unit (or units) in line with the manufacturer’s instructions,
- burn any excess gas in a flare,
- maintain a record of the duration and occasions of flare use in compliance with your permit,
- notify the Environment Agency by email at wastetreatment@environment-agency.gov.uk with RPS 372 in the subject before you use this RPS,
- keep records for two years from the date of the last use of the RPS to show that you have complied with this RPS and make these records available to the Environment Agency on request.
You must not dispose of excess or collected biogas or biomethane by venting to atmosphere.
This RPS does not change your legal requirement to comply with an environmental permit. However, the Environment Agency will not normally take enforcement action if you do not comply with this legal requirement if you meet the requirements in this RPS.
This RPS will expire on 30 June 2027.
The link to the RPS can be found here.
Source: Gov.uk
RPS 224: Collect and Treat Non-Hazardous Waste From Different Businesses Located Within the Same Premises
This RPS was updated on 15 July 2026 to update the RPS to the new template and extend the review date to 30 April 2029.
This RPS does not change your legal requirement to comply with an environmental permit. However, the Environment Agency will not normally take enforcement action if you do not comply with this legal requirement if you meet the requirements in this RPS.
The link to the RPS can be found here.
Source: Gov.uk
RPS 375: Temporary Waste Temperature Exchange Equipment (WTEE) Storage Due to National Treatment Capacity Constraints
This RPS was published on 20 July 2026. This RPS applies to requests for temporary waste temperature exchange equipment (WTEE) storage in response to current national treatment capacity constraints. This can be either at existing permitted sites or unpermitted sites within the specific conditions of the RPS.
This RPS does not change your legal requirement to comply with an environmental permit. However, the Environment Agency will not normally take enforcement action if you do not comply with this legal requirement if you meet the requirements in this RPS.
The Environment Agency will review this RPS by 31 December 2026.
The link to the RPS can be found here.
Source: Gov.uk
RPS 325: Using Unbound Incinerator Bottom Ash Aggregate in Construction
This RPS was updated on 23 July 2026. This RPS applies if you use unbound Incinerator Bottom Ash Aggregate (IBAA) in construction as a substitute for non-waste aggregate. It includes storing IBAA associated with that use. This also applies to IBAA in hydraulically bound mixtures, where IBAA is mixed with water and a binder such as cement. The update removed the last bullet point in section 2.1 “You must not: use IBAA on any landfill whether historical, closed or operational”.
This RPS does not change your legal requirement to comply with an environmental permit. However, the Environment Agency will not normally take enforcement action if you do not comply with this legal requirement if you meet the requirements in this RPS.
The Environment Agency will review this RPS by 1 July 2029.
The link to the RPS can be found here.
Source: Gov.uk
Low Risk Waste Position (LRWP) 6: Storing Waste Plasterboard
This LRWP applies if you store waste plasterboard.
If you follow the conditions in this LRWP you can carry out the activity without an environmental permit for a waste operation.
You must only:
- store up to 20 tonnes of waste plasterboard at any one time,
- store waste plasterboard for up to one month,
- store the waste plasterboard in a secure place within a sealed weatherproof container,
- store waste plasterboard that is going to be recovered.
You must make sure your activities do not endanger human health or the environment.
You must not:
- cause a risk to water, air, soil, plants or animals,
- cause a nuisance through noise or odours,
- adversely affect the countryside or places of special interest.
The link to the LRWP can be found here.
Source: Gov.uk
LRWP 38: Storing Waste Bitumen at Depots for Recovery Elsewhere
This LRWP applies if you store waste bitumen at depots for recovery elsewhere (List of Waste code 17 03 02).
If you follow the conditions in this LRWP you can carry out the activity without an environmental permit for a waste operation.
You must only:
- store waste bitumen that is non-hazardous (List of Waste code 17 03 02),
- store no more than 22 tonnes of waste bitumen at any one time,
- store the waste bitumen in a secure place.
You must make sure your activities do not endanger human health or the environment.
You must not:
- cause a risk to water, air, soil, plants or animals,
- cause a nuisance through noise or odours,
- adversely affect the countryside or places of special interest.
The link to the LRWP can be found here.
Source: Gov.uk
LRWP 46: Recovery of Wastewater Containing Soils from Pipe-Laying Excavations
This LRWP applies if you recover wastewater containing soils from pipe-laying excavations.
If you follow the conditions in this LRWP you can carry out the activity without an environmental permit for a waste operation.
You must:
- only store and recover the waste in a purpose-built sealed unit,
- only recover wastewater containing non-hazardous soils from excavations of land that are not contaminated (List of Waste code 16 10 02),
- not treat more than 5,000 cubic metres over any 12-month period,
- only use lubricant in the drilling process that is non-hazardous – you must not exceed 0.01% within the wastewater.
You must make sure your activities do not endanger human health or the environment.
You must not:
- cause a risk to water, air, soil, plants or animals,
- cause a nuisance through noise or odours,
- adversely affect the countryside or places of special interest.
The link to the LRWP can be found here.
Source: Gov.uk
SR2008 No 9: Storage of Asbestos Waste
On 21 July 2026, the EA updated the standard rules permit to introduce several operational changes following a public consultation.
The key changes are:
- You must not transfer asbestos between different bulk containers.
- You must not store asbestos loose or in storage bays.
- Maximum storage period is six months.
- Bulk containers must not be stacked.
- Mechanical equipment must not be used to move asbestos waste.
- A new condition has been added making the prohibition on point source emissions to water, air or land an enforceable permit condition rather than explanatory guidance.
The guidance page can be found here.
Source: Gov.uk
U1: Using Waste in Construction
On 22 July 2026, the EA updated the U1 exemption to include information for maintaining linear networks. Linear networks are long stretches that do not have a defined address or grid reference point.
You can use a U1 exemption for maintenance or repairs along a linear network.
The guidance page can be found here.
Source: Gov.uk
Comply With the Energy Savings Opportunity Scheme (ESOS) Phase 3
On 30 July 2026, this guidance was updated and split into two separate documents for phase 3 and phase 4. The remaining deadline for phase 3 is to submit the second progress update report by 5 December 2026. The phase 4 guidance provides information on the qualification, compliance and notification requirements for the fourth compliance period. It reflects the changes in the most recent amendment of the Energy Savings Opportunity Scheme Regulations 2014, as amended in 2026.
The guidance page can be found here.
Source: Gov.uk
Comply With the Energy Savings Opportunity Scheme (ESOS) Phase 4
ESOS phase 4 guidance provides information on the qualification, compliance and notification requirements for the fourth compliance period (phase 4).
This guidance reflects the changes in the most recent amendment of the Energy Savings Opportunity Scheme Regulations 2014, as amended in 2026.
To summarise, the ESOS phase 4 updates are as follows:
- Removed two compliance routes that are no longer considered to meet best practice standards: Green Deal Assessments (GDAs) and Display Energy Certificates (DECs) – this is because they provide more limited and less tailored recommendations than an ESOS energy audit.
- Completed the following changes to reporting requirements for implemented energy efficiency measures, intended to improve ESOS participants’ accountability and engagement:
- New requirement for participants to report progress against action plan commitments in the ESOS assessment. The ESOS report and notification of compliance must include details of energy savings achieved during the compliance period. This includes a description of the measures implemented to achieve the energy savings, the level of energy savings achieved by each measure and the energy saving category of each measure.
- Only the combined energy savings achieved across all measures will be published – savings for individual measures will not be published, to avoid releasing potentially commercially sensitive information.
- New requirement for participants to carry out an action plan review as part of the notification of compliance. The ESOS report and notification of compliance must identify any proposed measures that were not implemented and explain the reasons why. These submissions will not be published.
- Introduced a new third progress update report for the action plan, due by 5 December 2031.
- Reduced ESOS obligations for participants that comply solely through the ISO 50001 certification route – participants whose ISO 50001 certification covers their total or significant energy consumption, as applicable, do not need to produce an ESOS report or appoint a lead assessor.
- Additional minor changes to support regulator activities, improve data quality, enable ESOS assessment quality checks and extend the existing ESOS exemption for insolvency proceedings.
The guidance page can be found here.
Source: Gov.uk
Articles of Interest
£100m Plan to Heat City Using Sewage Works Moves Forward
A £100 million scheme to heat city centre buildings using waste heat from a sewage treatment works is being explored. A feasibility study commissioned by Swansea Council has concluded that a district heating network powered by Swansea Bay wastewater treatment works could be viable. The local authority commissioned experts to assess the idea, having received a £218,300 UK Government grant.
Organisations including dock owners Associated British Ports, Swansea University and DST – the company leading on the lagoon, data centre and housing project – have been consulted, and DST provided some match-funding for the feasibility study.
For more details, click here.
Source: Nation Cymru
Hutton Researchers Developing Wastewater Treatment Process to Improve Efficiency and Cut Greenhouse Gas Emissions
Researchers at The James Hutton Institute, Scotland’s pre-eminent interdisciplinary research institute for sustainable land, crop and nature management, have begun field trials on a new wastewater treatment process that could improve efficiency while cutting greenhouse gas emissions.
The UK water utility sector produces around 2.5 million tonnes of carbon dioxide equivalent (CO₂e) each year, representing approximately 33% of the nation’s industrial process and waste management emissions. Around 75% of this comes from power consumption, with the remaining 25% generated by treatment processes.
In response, Scottish Water and the Hydro Nation Chair Research and Innovation Programme launched the Hydro Nation Crucible series in 2022. One of the concepts that emerged from the programme, and was subsequently funded by the Hydro Nation Chair, was ElecTrickle, led by researchers from The James Hutton Institute. ElecTrickle is a novel wastewater treatment process designed to improve operational efficiency while significantly reducing greenhouse gas emissions. The technology has been developed to enhance trickling filters, which are currently used in 60–70% of wastewater treatment works across the UK, despite treating only around 25% of the nation’s wastewater flow.
Laboratory results have shown that the bioelectrochemical approach decreases greenhouse gas emissions by up to 90% while tripling the efficiency of the filtration. The system is now being scaled up at a Scottish Water wastewater treatment site, with researchers hoping to replicate their lab results.
If successful, ElecTrickle could be used to retrofit trickling filters across the country – representing a major decarbonisation opportunity. Replacing just 6,000 ageing filters with ElecTrickle could help the water utility sector cut 140,000 tonnes of carbon dioxide equivalent emissions annually – equal to taking 95,000 cars off the road.
Source: watermagazine.co.uk
For more details, click here.
Landfill Capacity Crisis to Hit the North of England
Local authorities in the North of England are facing a landfill capacity crisis, with some councils looking at the possibility of pausing residual waste collections.
The warning comes as multiple landfill sites across the region have reached capacity or otherwise closed their doors, meaning the loss of reportedly at least one million tonnes in capacity.
Councils in these areas that are particularly reliant on landfill may be forced to make serious decisions regarding their residual waste, with some reportedly considering pausing their residual waste collections while they search for additional capacity.
Source: letsrecycle.com
For more details, click here.
Enforcement Action
EA Suspends Landfill Permit Over Waste Level Breaches
The Environment Agency has suspended the environmental permit for a landfill in Seaton Carew, Hartlepool.
The suspension notice, served to the operator on 10 July 2026, prevents the company from accepting any further waste at the landfill with immediate effect.
According to the regulator, a recent survey found sections of the landfill exceeded the agreed tipping levels set out in the site’s environmental permit.
The suspension will remain in place until the operator has demonstrated compliance with the permit requirements.
Inspections carried out since the notice was issued have indicated that the operator is complying with the suspension, although officers will continue to monitor the site to ensure no additional waste is brought onto the landfill.
The operator has two months to appeal the decision through the Planning Inspectorate, and the suspension notice will remain in force while any appeal is considered.
Source: letsrecycle.com
For the full article, click here.
Consultation
Plastic Packaging Tax – Mechanically Recycled Plastic Packaging
This consultation explores the risks and industry concerns around recycled plastic claims and the potential introduction of a certification requirement for UK manufacturers and importers of plastic packaging that contains mechanically recycled plastic. This consultation seeks views on possible changes to the evidential requirements for claiming an exemption from Plastic Packaging Tax (PPT) on the basis that the packaging contains at least 30% recycled plastic.
The EA is seeking views from businesses within the plastics supply chain, including mechanical plastic recyclers, tax advisers, trade and professional bodies, waste management companies and local authorities, and other interested parties on the potential introduction of mandatory certification for mechanically recycled plastic for Plastic Packaging Tax purposes.
The consultation closes at 11:59am on 10 August 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
Project Groundwater: Preparing for Groundwater Flooding
10 September 2026, 12:30-13:30
This webinar provides an overview of Project Groundwater, a six-year programme working with communities in up to nine high-risk flood areas of the Chiltern Hills and Berkshire Downs.
It is led by Buckinghamshire Council in partnership with five other local authorities and Flood Community Groups. This project is funded by the Department for Environment, Food and Rural Affairs (Defra) as part of the £200 million Flood and Coastal Innovation Programmes, which are managed by the Environment Agency.
The programmes will drive innovation in flood and coastal resilience and adaptation to a changing climate.
To register for this event, click here.
Institute of Sustainability and Environmental Professionals (ISEP) Connect 2026
14-15 October 2026, Online
ISEP Connect is an award-winning global conference, returning this October for two days of expert insights, professional development, and meaningful industry connections. This event is hosted online; the virtual conference is free to attend for ISEP members and tickets for non-members can also be purchased.
Designed for sustainability professionals, environmental practitioners, ESG leaders, and aspiring industry experts, ISEP Connect brings together a global community of more than 20,000 sustainability and environmental professionals.
For tickets, register here.
