Environmental Permit

Regulation 12 of the Environmental Permitting (England and Wales) Regulations 2016 creates the core prohibition: 'A person must not, except under and to the extent authorised by an environmental permit — (a) operate a regulated facility, or (b) cause or knowingly permit a water discharge activity or groundwater activity.' 'Regulated facility' is itself defined broadly by regulation 8 to mean any of a list of activity types — including an installation, mobile plant, a waste operation, a mining waste operation, a radioactive substances activity, a water discharge activity, a groundwater activity, a small waste incineration plant, a solvent emission activity, and a flood risk activity — subject to specific carve-outs for exempt facilities and excluded operations. Government guidance translates this into practical terms, warning that a business 'may need an environmental permit or licence if you do an activity that could' pollute air, water or land, increase flood risk, adversely affect land drainage, or take or alter the flow of water, and that a person is 'breaking the law if you operate without a permit or licence when you should have one.'

Which regulator issues the permit depends on the activity and its pollution risk: gov.uk guidance directs operators to check whether their installation is classed as 'Part A1', 'Part A2' or 'Part B' and explains that applicants should 'apply to the Environment Agency if your activity is listed as "Part A1"' but 'apply to your local council if your activity is listed as "Part A2" or "Part B"' — reflecting a split of regulatory responsibility between national and local bodies depending on the scale and potential impact of the activity. Radioactive substances activities always require a permit regardless of scale unless a specific exemption applies, while standalone water discharge or groundwater activities need a permit unless they qualify as an exempt facility. Operating a regulated facility, or knowingly permitting a water discharge or groundwater activity, without the required permit is a criminal offence enforced by the relevant regulator.