Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“Although cost was an important factor, our relationship with LexisNexis, their responsiveness, flexibility, and the integration available with other products were key factors.”

Irwin Mitchell

Access all documents on Best Available Techniques

Best Available Techniques meaning

What does Best Available Techniques mean?
The practical benchmark used in environmental permitting to prevent or minimise pollution from industrial installations, requiring operators to apply the most effective and advanced methods that are technically and economically viable, judged on their ability to reduce emissions and impacts on the environment as a whole, without mandating a single technology. The concept is defined in legislation implementing the Industrial Emissions regime: the Environmental Permitting (England and Wales) Regulations 2016, the Pollution Prevention and control (Scotland) Regulations 2012, the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013, and in Ireland through EU Industrial Emissions legislation and EPA licensing. Regulators set permit conditions, emission limit values, monitoring and management measures by reference to BAT conclusions and BAT reference documents (BREFs). Operators must evidence BAT in permit applications, variations and upgrades, and demonstrate continuing compliance; any departure or derogation is only in tightly prescribed statutory circumstances. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. Following Brexit, UK regulators largely apply retained EU-derived BAT and, where adopted, UK BAT conclusions. BAT is central to compliance, enforcement and due diligence in industrial emissions, waste, chemicals, energy and large combustion activities.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related News about Best Available Techniques

NEWS
Defra consultation on modernising industrial and energy permitting: innovation sandboxes, agile Best Available Techniques, risk‑tiered regulation, regulator efficiency measures and enhanced PRTR reporting under the Environmental Permitting Regulations 2016

Consultation background On 26 August 2025, the Department for Environment, Food & Rural Affairs (Defra), supported by the Environment Agency (EA), opened the consultation on Modernising Environmental Permitting for Industry. It invites views on reforms to update the environmental permitting framework for the industry and energy sectors, presenting what is billed as a once-in-a-generation programme of change. Focusing on the Environmental Permitting Regulations 2016 (EPR 2016), SI 2016/1154, the consultation addresses a range of “industrial” activities, including: installations; medium combustion plants and specified generators; small waste incineration plants; solvent emission activities; Part B mobile plants; and mobile medium combustion plants. Although the portrayal of a once-in-a-generation reform package is somewhat bold, the announcement itself was far from surprising. It arrives shortly after the government’s Corry Review of April 2025, which recommended revising the EPR 2016 to increase flexibility and enable regulators to make risk-based decisions, in support of circular economy goals and net-zero. The consultation also aims...

Read More Right Arrow
NEWS
Weekly environmental law highlights: UK (England, Wales, Scotland, Northern Ireland) and EU consultations, legislation and guidance on climate, energy, buildings, ESG, permits, chemicals, biodiversity, waste and water (26 March 2026)

In this issue: Air emissions and climate change Energy efficiency and buildings Energy efficiency of products Energy for environmental lawyers Environmental disputes and proceedings Environmental permits and consents ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Air emissions and climate change Defra has begun consulting on its intended framework for the fifth round of reporting under the Adaptation Reporting Power (ARP5). It is inviting views on expanding the scope to bring in Strategic Authorities and on introducing targeted mandatory returns to tackle under-reporting. Further, a suite of narrower, sector-focused adjustments shaped with sector stakeholders is outlined. The consultation closes on 20 May 2026. See: LNB News 25/03/2026 67. DESNZ, acting for the UK Emissions Trading Scheme (ETS) Authority, has also opened a consultation setting out proposals to...

Read More Right Arrow

View the related Practice Notes about Best Available Techniques

PRACTICE NOTES
Environmental law FAQs for practitioners: Q&As with links to up-to-date practical guidance on emissions, asbestos, contamination, EPC/MEES, energy, enforcement, permits, waste, water, biodiversity, marine and more

This Practice Note offers links to Q&As addressing many of the most commonly asked questions (FAQs) in environment practical guidance. The responses are not kept under review and so record the legal position at the time they were issued. For up to date guidance and added detail, follow the links within each response. Air emissions and climate change As a UK facility operator, do the existing Best Available Technique guidance documents still fully apply? Commission Implementing Decision (EU) 2017/1442 of 31 July 2017 sets best available techniques (BAT) conclusions under Directive 2010/75/EU for large combustion plants. Are there any specific carve-outs and/or tighter or looser standards for new Open Cycle Gas Turbines operating 1,500 hours or more per annum? Asbestos Regarding the duty to manage asbestos in non-residential premises, does ‘premises’ extend to open land (parks, unused/disused/vacant industrial sites, etc)? The regulations do not explicitly define it, though the Health and Safety at Work Act 1974 defines ‘premises’ as...

Read More Right Arrow
PRACTICE NOTES
EU Batteries Directive 2006/66/EC—archived overview of regime and repeal on 18 August 2025, replaced by Sustainable Batteries Regulation (EU) 2023/1542

ARCHIVED: This Practice Note has been archived and is not maintained. Key information Batteries Directive title: Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators, repealing Directive 91/157/EEC (Batteries Directive). Entry into force: 26 September 2006. Deadline for transposition: 26 September 2008. National transposition measures: See Eur-Lex information on national transposition measures, as provided by Member States. Amended by: See consolidated version. Subject: Producer responsibility, batteries. What is the EU Batteries Directive? Directive 2006/66/EC on batteries, accumulators and their waste is intended to minimise environmental harm from batteries and waste batteries. Earlier EU rules did not adequately manage the risks from waste batteries or deliver a consistent EU-wide system for collection and recycling. In 2002, a Commission impact assessment showed that over 45% of portable batteries sold in the EU were landfilled or incinerated instead of being recycled. The Batteries Directive therefore repealed...

Read More Right Arrow
PRACTICE NOTES
Environmental Permitting (England and Wales) Regulations 2016: Radioactive Substances—Objectives, Definitions, Exemptions, Permitting, and Standard Rules for Unintentional Receipt of Radioactive Materials and Waste

This Practice Note explores the aims and guiding principles of radioactive substances regulation in England and Wales, including justification, safeguarding wildlife, best available techniques (BAT), and key environmental permitting requirements for radioactive substance activities. What are the key principles and purpose of radioactive substances regulation? In December 2021, the Environment Agency (EA) released guidance outlining its objectives and principles for radioactive substances regulation. The central objective is to protect people and the environment from the harmful impacts of ionising radiation, both now and in the future, while also protecting and enhancing the environment as a whole. The EA pursues this by applying the relevant legislation, government policy, and international standards. justification — a permit for any practice involving radioactive substances will only be issued where it is justified; decisions on remediating radioactively contaminated land, or in emergencies, should result in more good than harm optimisation — radiological protection must be optimised so that exposure to ionising radiation from the disposal of radioactive waste is...

Read More Right Arrow