Climate Greenspace Environmental Legal Update: May 2025


Welcome to the Climate Greenspace Environmental Legal Update: May 2025 monthly email as part of your subscription to Waterman's Greenspace platform. The monthly updates show any:

  • new legal entries added to your register;
  • amendments to legal entries in your register; and
  • legal entries removed from your legal register.

It also contains links to new publications from Government and regulatory bodies and examples of relevant offences, highlighting how legislation is implemented and enforced in practice.
As well as receiving this update by email you will also find it saved on your Greenspace site under the Legal Register > Monthly Updates tab at the top of your Greenspace page.


 
 
 
 
May 2025
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

New publications this month:

CABINET OFFICE

UK/EU Summit - Key documentation

A joint statement released following the UK/EU summit on 19 May 2025 set out commitments for a strategic partnership between the UK and EU. This includes policy relevant to the environment:

  • An agreement to link the UK Emissions Trading System (UK ETS), which was established through the Greenhouse Gas Emissions Trading Scheme Order 2020, with the EU Emissions Trading System (EU ETS). This is intended to improve allowance price stability and avoid impacts on UK industry from the EU Carbon Border Adjustment Mechanism (EU CBAM), which operates from 2026.
  • A commitment to establishing a UK-EU Sanitary and Phytosanitary Zone. This would remove export health certificates for animal products and plant health certificates, alongside the removal of associated inspection certificates, border checks and routine checks. This will also make moving goods between Great Britain and Northern Ireland simpler.
    • The proposed changes will require changes to UK legislation concerning sanitary and phytosanitary checks.
  • A commitment to maximise cooperation on clean energy technologies.
  • A commitment to explore participation with EU electricity trading platforms.
  • A 12-year access agreement concerning EU access to UK fishing waters.

The Cabinet Office has published following documents as a result of the summit:

 

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)

Simpler recycling: workplace recycling in England

Additional guidance has been provided on contaminated recyclable waste and routes for the management of waste cooking oil.

 

EPR for packaging: what you must do as a ‘small producer’

Information is provided on small producers under the extended producer responsibility for packaging regime. This states what small producers must record, report and pay for.

 

Deposit Return Scheme for drinks containers: policy statement

This policy paper provides an update on the introduction of the deposit return scheme for drinks containers in England, Scotland and Northern Ireland.

A website has also been launched for the UK Deposit Management Organisation (UKDMO), the scheme administrator in England, Scotland and Northern Ireland.

A separate publication concerns the planned scheme in Wales, which is expected to also include glass containers.

 

DEFRA AND ENVIRONMENT AGENCY

Wastes from mechanical treatment of waste: how to classify

Guidance is provided on the European Waste Catalogue codes to be used for wastes produced by mechanical treatment at a waste management facility.

 

Report a Simpler Recycling non-compliance

Instructions are provided on reporting businesses or organisations that are not separating or collecting recyclable waste in line with the Simpler Recycling rules.

 

DEFRA AND ANIMAL PLANT HEALTH AGENCY

Export or move plants and plant products from Great Britain and Northern Ireland

Electronic phytosanitary certificates (ePhyto) are available for use regarding goods moving from Great Britain to Northern Ireland. Requirements on parcels containing plant products are also set out.

 

DEPARTMENT FOR ENERGY SECURITY AND NET ZERO

UK ETS 2025 Baseline Data Collection and HSE/USE scheme status: how to meet the data submission requirements

A link is now provided to the UKETS17 FAR: Waste gases and process emissions sub-installations guidance. This guidance is relevant to the hospitals and smaller emitters scheme and ultra-small emitters scheme under the UK ETS. The application submission window to apply for these schemes is open between 1 April and 30 June 2025.

 

Heat networks regulation: technical standards

This guidance has been updated to state that the Heat Network Technical Assurance Scheme (HNTAS), which is intended to help heat network operators demonstrate compliance with future mandatory technical requirements, is due to launch in 2026.

 

DEPARTMENT FOR TRANSPORT

Transport hazard summaries

Three new guidance documents provide information on transport hazards. These documents are targeted towards UK transport organisations.

 

ENVIRONMENT AGENCY

Clean Heat Market Mechanism: verifying annual fossil fuel boiler sales reports

This document sets out how independent third parties must verify annual fossil fuel boiler sales reports for participants in the Clean Heat Market Mechanism scheme.

 

Manage waste institutional mattresses containing POPs

This new document concerns the identification, description, classification and management of waste institutional mattresses containing Persistent Organic Pollutants (POPs).

 

Low risk waste positions: industrial waste

Low Risk Waste Position (LWRP) 51 (Storing and using waste carbon black from tyre manufacture to make aggregate blocks) has been withdrawn.

 

Managing sludge from non-mains systems

This document now confirms that sludge from non-mains domestic sewage systems can be managed under the T21 waste exemption (recovering waste at waste water treatment works).

 

London abstraction licensing strategy

This paper sets out the Environment Agency’s approach to managing new and existing abstraction and impounding licences in the London catchment.

 

Environmental Permitting Guidance

Monitoring stack emissions: techniques and standards for periodic monitoring

Updated monitoring standards now concern carbon disulfide, carbonyl sulfide, formaldehyde, mercury and metals. New monitoring methods concern polyfluorinated alkyl substances and volatile fluorinated compounds.

 

Methodology for the scientific derivation of environmental assessment levels

This new document provides an updated method to scientifically derive environmental assessment levels for emissions to air. This supports air emissions risk assessments required for environmental permits.

 

Landfill operators: environmental permits - Guidance

This guidance now includes recently published Industry Codes of Practices (ICOPs) that replace existing Environment Agency guidance. New ICOPs concern LGG 112 (Drilling in waste on landfills), LGG 107 (Using non-woven protected geotextiles in landfill engineering), LGG 109 (Compliance testing earthworks on landfills using nuclear density gauges) and LGG 110 (Using bentonite-enriched soils in landfill engineering).

Further information is provided on Environment Agency decision making, management plans, managing leachate and undertaking reviews of hydrogeological risk assessments.

 

Regulatory Position Statements (RPSs)

The following RPSs were published or updated during May 2025:

 

FORESTRY COMMISSION AND ANIMAL AND PLANT HEALTH AGENCY

How biosecurity can prevent the introduction and spread of tree pests and diseases

An updated biosecurity leaflet for professionals is now available.

 

FORESTRY COMMISSION

Tree felling licence: when you need to apply

Guidance is now provided on requests to change permissions or conditions on felling licences.

 

WELSH GOVERNMENT

Designation of bathing waters: guidance

Guidance is provided on applications for the designation of sites in Wales as bathing waters. The application window closes on 31 October 2025.

 

Development management manual

This manual is intended to provide comprehensive guidance to local planning authorities on handling and deciding development proposals in their areas.

 

NATURAL RESOURCES WALES

When to consult Natural Resources Wales about a planning application

Updated guidance has been provided on the circumstances when Natural Resources Wales should be consulted regarding planning applications.

 

SCOTTISH GOVERNMENT

Ecosystem Restoration Code: engagement paper

This paper is intended to support the development of a Ecosystem Restoration Code (ERC) for Scotland. The ERC would be a new market mechanism to attract responsible private investment into nature restoration and biodiversity projects.

 

Electricity Act 1989 - transmission line projects and environmental impact assessment: pre-application consultation and engagement guidance

This document aims to support effective pre-application consultations and engagement by transmission operators.

 
 
 
 
 
 
 
Offences
 
 

Major proceeds of crime case brought by the Environment Agency

A six-figure confiscation order has been issued against an illegal waste catalytic converter enterprise.

The Environment Agency-led case concluded on 16 May 2025, with a ruling against Platinum Group Metals Recycling Ltd and a director. At a previous hearing on 4 September 2024, the company and director had been found guilty of running illegal waste sites in Long Sutton, Lincolnshire.

Between December 2019 and September 2021, the director of the company traded in catalytic convertors on a major scale. Neither the director nor his company had obtained an environmental permit before buying and selling thousands of catalytic converters. Catalytic converters were stored in containers in Long Sutton where storage was in an irresponsible manner, giving rise to health risks.

The court ruled that the director had made a benefit of £4,312,925.70 from his criminal activity while his company made a benefit of £4,344,827.60.

The court heard that assets of £495,280.88 were available from the company made up of cash in a bank account and seized catalytic converters. The director’s only asset was £30,934.16 from equity in a house he sold before his trial.

The Environment Agency continues to investigate ways of retrieving further proceeds.

Breaches

Platinum Group Metals Recycling Ltd was charged for breaches of Regulation 12(1)(a) and Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016 and Section 33(1)(c) and Section 33(6) of the Environmental Protection Act 1990 across two sites in Long Sutton:

The director was charged with breaching Regulation 12(1)(a) and Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016 by virtue of Regulation 41(1) and Regulation 41(3), and breaches of Section 33(1)(c) and Section 33(6) of the Environmental Protection Act 1990 by virtue of Section 157(1) across the two sites:  

Penalty

A Proceeds of Crime confiscation order for £526,215.04 was granted against Platinum Group Metals Recycling Ltd and its director. It was ruled that £100,111.65 should be paid to the Environment Agency to cover costs.

A warrant has been issued for the arrest of the director.  He has been given three months to pay or will face five years in jail.

 

Director of waste packaging company receives confiscation order

A six-figure confiscation order has been issued for fraudulent entry of waste packaging data.

EDU Case UK Ltd was accredited to carry out plastic packaging exports. As part of this accreditation, the company was able to issue “evidence” of that activity in the form of tonnage figures on Environment Agency’s National Packaging Waste Database (NPWD). This evidence could be bought by businesses who are obliged to account for their plastic packaging waste under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007, which have subsequently been replaced by the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024.

EDU Case UK Ltd deliberately and systematically entered false data onto the NPWD for non-existent waste exports. These false entries were identified by an Environment Agency audit in 2023 and information gathered subsequently. Discrepancies were found between the amount of waste exported and the amount of evidence issued. The false entries represented nearly two-thirds of the business’ entire trade in 2022 towards the end of that year.

As part of the Environment Agency audit, a legal notice was served on the company and its director in September 2023. This notice required evidence of plastic waste exports.  In response, the director sent a computer memory stick containing his business’ waste export evidence and a letter explaining a large discrepancy, described as an “overclaim.” This letter stated that although the company had claimed 1,239 metric tonnes of plastic waste exports in 2022, only 453.60 metric was genuine and that the majority of this trading (785.40 metric tonnes) was ‘a mistake.’

Breaches

The director and EDU Case UK Ltd pleaded guilty to fraud by false representation:

  • Between 1 January 2022 and 31 January 2023, dishonestly and intending thereby to make a gain for himself or another, or to cause loss to another, or to expose another to the risk of loss, made a false representation to the online National Packaging Waste Database which was and which he knew was, or might be, untrue or misleading, contrary to Section 1 and Section 2 of the Fraud Act 2006.

Penalty

The director was given a two-year prison sentence suspended for 18 months. The director was also ordered to pay a Proceeds of Crime confiscation order of £255,057. He must pay this within two months or face three years in prison.

The director was also disqualified as a director for four years and ordered to do 200 hours of unpaid work.

EDU Case Ltd  was fined £200,000. The Environment Agency was also awarded £21,995 in costs.

 

Warnings against unauthorised building work

The Environment Agency has become aware of unauthorised works in the Bassetlaw district of north Nottinghamshire. It is understood this building work required a flood risk activity environmental permit.

The Environment Agency is reminding residents, landowners and developers about the law for carrying out work near main rivers and flood defences. The environment permits are intended to ensure that proposed works are not going to increase flood risk or cause other environmental harm.

Environment Agency officers have visited several sites in the Bassetlaw area where works have been conducted without the right permission.

Activities requiring flood risk activity permits

Permits are required for the following regulated flood risk activities:

  • Erecting any temporary or permanent structure in, over or under a main river, such as a culvert, outfall, weir, dam, pipe crossing, erosion protection, scaffolding or bridge;
  • Altering, repairing or maintaining any temporary or permanent structure in, over or under a main river, where the work could affect the flow of water in the river or affect any drainage work;
  • Building or altering any permanent or temporary structure designed to contain or divert flood waters from a main river;
  • Dredging, raising or removing any material from a main river, including when you are intending to improve flow in the river or use the materials removed;
  • Diverting or impounding the flow of water or changing the level of water in a main river;
  • Quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert;
  • Any activity within 8 metres of the bank of a main river, or 16 metres if it is a tidal main river;
  • Any activity within 8 metres of any flood defence structure or culvert on a main river, or 16 metres on a tidal river;
  • Any activity within 16 metres of a sea defence structure; or
  • Activities carried out on the floodplain of a main river, more than 8 metres from the river bank, culvert or flood defence structure (or 16 metres if it is a tidal main river), if you do not have planning permission (you do not need permission to build agricultural haystacks, straw stacks or manure clamps in these places).

The Flood risk activities: environmental permits guidance provides further information on flood risk activities.

 
 
 
 
 
 
Kenny Wintle
e: kenny.wintle@watermangroup.com

Waterman Infrastructure & Environment Ltd
2nd Floor | Cubo | 38 Carver Street | Sheffield | S1 4FS | t: 0114 2298900
Pickfords Wharf | Clink St | London | SE1 9DG, t: 0207 928 7888

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