In practice, this describes the control standard requiring an operator to use the best techniques available to prevent or minimise pollution, provided doing so does not involve costs the regulator considers excessive in the circumstances. It adds an explicit proportionality and cost element to “best available techniques” (
bat).
BATNEEC featured in earlier UK integrated pollution control regimes (notably under the Environmental Protection Act 1990) and in Irish environmental licensing. Across England and Wales, Scotland and Northern Ireland it has largely been superseded by BAT under pollution prevention and control, the Environmental Permitting regime and the Industrial Emissions Directive. In Ireland, current practice also focuses on BAT, though BATNEEC may still appear in legacy licences and guidance. The concept may therefore arise in permit reviews, variations, enforcement and appeals involving older permissions.
Key features include: a site- and sector-specific assessment; “techniques” covering technology, design, operation and maintenance; and a regulator’s judgment on whether additional cost is disproportionate to environmental benefit. BATNEEC is not a lowest-cost defence; operators must evidence feasible options and justify any claimed “excessive cost.”