Annual regulation report 2022

Introduction

This is our sixth Annual Regulation Report and aims to provide an overview of our formal regulatory activity in the 2022 calendar year, including permitting and compliance, responding to pollution incidents and crime, and subsequent enforcement activity. The report also provides a record of how we have delivered on our statutory regulatory and enforcement duties. The data used to inform this report are taken from our incident, compliance, permitting and enforcement systems.

Our regulatory role takes many forms and remains a key tool in delivering the sustainable management of natural resources in Wales, preventing pollution, and responding to the climate and nature emergencies.

We regulate businesses to ensure they can operate successfully without harming people and the environment. Through our actions, we ensure that businesses in Wales comply with laws as a minimum and encourage them to go further for the benefit of the environment and the health of the people of Wales.

Our general approach is to engage with those we regulate to educate and enable compliance or prevent harm. We offer information and advice to those we regulate and always seek to avoid bureaucracy or excessive cost. We encourage individuals and businesses to put the environment first and to integrate good environmental practices into normal working methods.

However, we know that compliance does not always happen, sometimes by accident and sometimes not, and therefore enforcement is an essential part of our toolkit. We seek proportionate justice for offences, to protect our environment, prevent pollution and support the climate and nature emergencies.

Incident attendance and enforcement is an important part of our regulatory tool kit helping to ensure we can respond in a proportionate way to pollution incidents. Our approach to regulation also helps to proactively prevent pollution and the harm it causes through compliance, best practice, campaigns and advice.

We continue to see pressures on our natural environment, and regulatory non-compliance, crime and pollution incidents inflict needless, significant damage. This, in turn, impacts communities and undermines legitimate businesses. Regulation also faces increasing pressures from climate change, population growth and public expectation. In the light of these challenges, it is even more important to ensure that the regulatory baseline upon which we can build a sustainable future is properly regulated and enforced.

This report is structured into four main sections, each covering a key strand of our regulatory approach: incident response, permitting and licencing, compliance, and enforcement. Within these sections subheadings consider activity in each of the major sectors in which we regulate.

We have not included case studies in the report, you can read about our news stories and blogs on our website.

We have one request of you as a reader of this annual regulation report - if on reading this report, you would like to read about something additional or see items presented in a different way in our next annual regulation report, please get in touch with your ideas. We commit to reflecting on all feedback, and will continue to adapt the report in future – all part of ensuring this annual regulation report remains fair, balanced, informative and useful for its readers.

Incident response

Our approach to incident response

We respond to incidents and emergencies 24 hours a day, 7 days a week, 365 days a year. The incidents we deal with range from floods, air, land and water pollution, fisheries, wildlife crime and land damage to other incidents where we act as advisors to the emergency services.

We are a Category One organisation under the terms of the Civil Contingencies Act. This means we have a legal responsibility to ensure that robust incident management arrangements are in place to respond to incidents and emergencies.

Incident categorisation

We will assess an incident as either:

High Level Impact Incident: an incident whose impact requires an immediate response on a 24-hour basis, to mitigate the impact of the incident; or,

Low Level Impact Incident: an incident whose impact does not require an immediate response, within normal office hours or if received outside office hours, the response can be delayed to normal office hours and dealt with as normal operational work

The principal, generic criteria considered when we assess any incident are:

• Risk to public health, including impacts to air quality, odour, noise, radioactivity, and impact upon amenity.
• Risk relating to one of our assets, the land or water bodies we manage.
• Serious impact to the natural resources of Wales (including impacts to air, land, water, fisheries, and biodiversity) and the effect on conservation and economy.
• Actual or potential flooding of property or infrastructure.
• Our involvement in a multi-agency incident response; and,
• Media interest and/or risk to our reputation.

2022 incidents summary

In 2022 we responded to thirteen major incidents involving water pollutions, noise, fire, the blockage, and damage to watercourses, illegal fishing, and illegal tree felling. A major incident refers to an incident that is serious, persistent and or extensive impact people and or property. During 2022 we received notification of 7,255 incidents and attended 29% of these. This is two percent higher than our attendance rates in 2021. All incidents that we receive are assessed to the above criteria, however just because we did not attend it does not mean that they did not receive a response, a number are dealt with remotely either by e-mail or telephone, and after assessment some incidents are deemed to be of a lower priority for us to dedicate resource to.

• Some 2,556 (31%) of incidents reported related to water. These included water pollution, reservoirs, abstraction, and blockage or alteration to a watercourse
• The water pollution incident category accounted for 63% of all attended High Level incidents and 43% of all attended Low Level Incidents
• 1,337 (16%) of incidents reported were waste-related. These included fly-tipping, burning of waste, illegal waste sites and waste carriers.
• 1,536 (18%) of incidents reported related to regulated activity (covered by permits and licences).
• 306 (4%) of incidents reported related to illegal fishing, illegal cockling, and fish kills
• 652 (8%) related to forestry.
• 1,205 (14%) related to other incidents.
• The ‘Other’ incident category relates to matters such as beach pollution, damage to nature, fire, illegal off roading on estate land, invasive species, livestock on estate, oil and chemical spills, Other, Protected Site, Reservoir Incident and Road Traffic Collision) accounts for 14% of all attended High Level incidents and 8% of all attended Low Level Incidents
• 579 incidents that we attended resulted with an enforcement recommendation.

Agriculture incidents

Agricultural pollution has been the subject of increasing scrutiny in the last few years. In 2022 there were 225 Agriculture incidents. This represented three percent of all incidents reported to us. Of these, 69% involved water pollution and 12% involved soil contamination. We are presently revamping our recording system for agricultural incidents and compliance, which will enable us to better understand the attribution of incidents to sub sectors and specific causes. This will help support our risk-based approach to agricultural regulation.

Agricultural incidents by type	Total
Abstraction / Low Levels	1
Beach Pollution	2
Burning of Waste	9
Damage / Alteration to Watercourse	1
Damage to Nature	1
Fish Kill	1
Forestry - Illegal Felling	4
Land Contamination	28
Litter	1
Livestock on Estate	1
Noise	1
Odour	6
Other	5
Protected Site	1
Suspected Permit Breach	6
Waste Carrier	1
Water Pollution	156
Total	225

 

Fresh water and migratory fisheries incidents

The continued decline in the status of Welsh salmon and sea trout stocks remain a serious concern. The results from the latest assessment have shown that of the 23 principal salmon rivers in Wales, 21 (91%) are now categorised as being At Risk, and the remaining 2 (9%) are Probably at Risk. No rivers were categorised Not at Risk or Probably Not at Risk.

In addition, sea trout stock continues to show worrying levels of decline. Wales has 33 main sea trout rivers, only 4 of these (12%) are deemed to be as Probably Not at Risk, whilst the remaining are either Probably at Risk (24%) or At Risk (64%). No rivers are deemed to be “Not at Risk”

In this context of continuing decline, incidents that involve harm to fisheries are particularly concerning. In 2022 we had 267 Fisheries incidents reported to us, made up of 197 incidents of illegal fishing and 70 incidents of fish kills. These amounted to 4% of total incidents reported to us.

Regulated activity

Permitting

We are responsible for determining applications and issuing a wide range of permits. Permitting is a fundamental aspect of our regulatory activity and, when abided by, appropriate permits enable businesses to safely carry out their operations without harming the environment. Effective regulation of  permits maintains a level playing field for legitimate businesses by preventing them from being undercut by irresponsible or illegal operators.

In 2022 we determined 86% of applications within our statutory timescales or service levels. Information on how we manage permitting applications and how long it takes us to process them is available on our website.

Our environmental permitting decisions are published monthly.

This report does not include information on the number of Flood Risk Activity Permits. We will include this information in future reports.

Environmental Permitting Regulations (EPR)

EPR permits and Water Resources Licences

At the end of 2022, there were 10,742 EPR licenses and water resource licenses issued by us in force in Wales:

Permit Type	Total
Directly Associated Activity (DAA)	14
Deployment	73
Installation	333
Sheep Dip	987
Mining Waste	6
Mobile Plant	65
Waste	667
Water Discharge Activity	6,546
Total	8,691

 

Water Resource Licence type	Total
Full abstraction licences	1,174
Impoundment licences	737
Transfer licences	32
New Authorisation full abstraction licences	74
New Authorisation transfer licences	34
Total	2,051

 

In 2022 we received the following number of permit applications under EPR. These figures include:

• new permit applications (bespoke and Standard Rules Permits)
• variations to existing permits
• transfers to a new permit holder
• surrender of an existing permit

Regime	Total
Waste (including mobile plant and mining waste) permit applications (inc. bespoke, SRP, variations, transfer and surrenders)	106
Waste – deployment applications	73
Installation permit applications (inc. bespoke, SRP, variations, transfer and surrenders)	93
Directly associated activity (DAA) – under Installations	1

 

Exemptions

Where regulated activities pose a reduced level of risk there are a range of exemptions that are set out in the legislation allowing operators to carry out these activities without an environmental permit, as long as certain conditions are met. Exemptions will normally impose limits on the scale or type of activity that can take place.

There are exemptions under the water resources legislation, but as there is no requirement for these exemptions to be registered, we are not able to report on them.

At the end of 2022 there were 34,841 waste exemptions registered with us at 10,436 different locations. The majority of these are located at agricultural premises (22,480), with the remainder split between non-agricultural premises (6,361) and a combination of both agricultural and non-agricultural (5,979).

7,945 of these were registered by companies, 18,932 by individuals, 5,422 by partnerships, 366 by public bodies and the remainder of 2,185 not providing any organisation details.

Dŵr Cymru/Welsh Water are the organisation with the most exemptions registered, with 1,484 in total. The vast majority of these registrations (more than 1,400 of them) are for S3 exemption, for storage of sewage sludge at the site where it is to be used.

The most commonly registered exemptions are:

• U1 Use of Waste in Construction (at 5,096 locations),
• D7 Burning waste in the open (4,058)
• U10 Spreading waste on agricultural land to confer benefit (3,132)
• S2 Storage of waste in a secure place (2,246)
• S3 Storage of sludge (2,030)
• T6 Treatment of waste wood and waste plant matter by chipping, shredding, cutting or pulverising (1,610)

A recent review of the exemptions regime has resulted in Welsh Government and DEFRA proposing significant changes to the regime to tackle waste crime and poor performance in the waste industry. These changes will be implemented over the next few years.

Installations permitted under EPR

At the end of 2022 there were 242 installation permits, 130 Intensive Farming Permits and 44 Medium Combustion Plant and Specified Combustion Plant and Specified Generator Permits issued by us.

Forestry licensing

Our Forest Regulations and Tree Health team provide specialist advice for the application of felling licences and EIA opinions, regulates felling licences, investigates illegal felling, and regulates controlled pests and diseases on trees under the Forestry Act 1967, The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 and the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020.

A summary for forestry licencing activity in 2022 is provided below.

Act/ Regulation	Applications received	Issued	In Progress	Refused	Withdrawn
Forestry Act 1967	482	411	26	5	40
Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999	75	70	-	-	5
Total	557	481	26	5	45

Species licensing

We determine applications for a wide range of activities and species under the Conservation of Habitats and Species Regulations 2017, the Conservation of Offshore Marine Habitats and Species Regulation 2017, Wildlife and Countryside Act 1981, the Badgers Act 1992, the Deer Act 1991, the Seals Act 1970, and The Invasive Alien Species (Enforcement and Permitting) Order 2019

We determine applications in line with relevant policy, technical guidance and (internal) operational instructions. We assess and authorise licence applications in line with current legislation, often consulting with operational specialists for ecological advice, before drafting and issuing licences.

When assessing applications, we consider a number of factors including experience of applicant and ecologist, purpose, satisfactory alternatives, whether the application adheres to imperative reasons of over-riding public interest, and the impact on the species and favourable conservation species. The following table summarises our species licencing activity in 2022:

Type	Received	New/Renew	Amend	Reject	Refuse	Withdraw
Species Licencing	1,882	1,316	321	112	22	111

Waste permitting

Regulation of the production, management and appropriate disposal of waste is a key aspect of our regulatory activities. While we champion progress towards a circular economy, waste remains a significant aspect of business and domestic activity and results in a significant proportion of the incidents to which we respond. We regulate waste activities through EPR and a number of specific licencing schemes outlined below.

At the end of 2022 there were 748 permits (669 waste, 65 mobile plant, 14 mining waste) in force. Of these, 569 were operational sites.

Waste carriers, brokers, and dealer registrations

The Waste Carrier Broker Dealer (CBD) regime is an important part of our regulation of the waste industry. Anyone carrying, brokering, or dealing in waste must be registered. Those who transport waste need to be registered as a waste carrier. Brokers arrange for waste from other businesses or organisations to be transported, disposed of, or recovered. Dealers buy and sell waste or use an agent to do so. Those in the ‘Upper Tier’ generally handle other people’s waste, while ‘Lower Tier’ generally only handle their own waste. An Upper Tier registration is chargeable, lasts for 3 years and must be renewed to continue operating after that period. Lower Tier registrations are free and never expire.

We have a key role in regulating the CBD regime, and work with partner organisations including Local Authorities, the Police, and the Driver Vehicle Standards Agency ensure waste is handled correctly. Illegal waste activity and fly tipping can cause pollution, can impact on human health and our communities, and undermines legitimate businesses. We maintain a public register of waste carriers, brokers, and dealers, which must be used anyone passing on waste to check that that the carrier they use is registered. This is known as the waste Duty of Care, and it is part of the regulatory framework for managing waste effectively and safely.

We revoke or refuse the registrations of Upper Tier carriers, brokers, and dealers when they have a criminal record and are not competent to handle waste, for example if they have convictions for environmental offences such as fly tipping. This helps to reduce the opportunities for criminal operators to carry out illegal waste activities.

At the end of 2022 there were 12,767 CBD registrations on our public register. This comprised 5,146 in the Upper Tier and 7,621 in the Lower Tier. Some 4,838 registrations were held by companies, 285 by charities/voluntary organisations, 940 by partnerships and 234 by public bodies. The remaining registrations were held by individuals (6,469).

During 2022 we received 1,991 new CBD registrations. This comprised 1,310 in the Upper Tier and 681 in the Lower Tier. We also received 907 Upper Tier registration renewals.

Waste: Packaging Direct Registrants 2022

A total of 26 direct registrants registered for 2022, a reduction of four from the previous year, either no longer being obligated or choosing to register via compliance schemes. The total tonnage of packaging handled by these direct registrants in 2022 was 211,158 tonnes. All direct registrants for 2022 submitted their registrations to us by the required deadline.

The total recycling obligation for direct registrants in 2022 was 38,643 this is made up of a material specific recycling obligation of 26,346 tonnes and a general recycling obligation of 12,297 tonnes.

Waste: Packaging Reprocessor and exporter accreditation

In 2022 we accredited 29 reprocessors and exporters, with 21 of those being reprocessors and eight exporters. All reprocessors and exporters submitted their quarterly returns, with one being late due to requiring adjustments that we noticed and requested. The total amount of waste packaging reprocessed and exported in 2022 was 619,837 tonnes, PRN/PERNs were claimed on 609,746 tonnes.

Waste: Authorisation of Waste Electrical & Electronic Equipment handling

The annual submission date for Approved Authorised Treatment Facilities (AATF) accreditation is the end of September. Our deadline for determining applications and issuing approval notice is 31 December. In 2021 we received all fifteen applications before or on 30 September, allowing us to assess and approve all applications before 1 January 2023.

A T11 exemption allows you to repair, refurbish or dismantle various types of WEEE so that the whole WEEE item or any parts can be reused for their original purpose or recovered, at the end of 2022 there were 29 T11 exemptions in Wales registered with us.

Waste: Battery treatment accreditation

There are three large Approved Battery Treatment Operators & Approved Exporter sites in Wales, two of which treat industrial, automotive, and portable batteries and one site treats automotive batteries only. All three sites submitted an annual return in 2022, the total amount of batteries treated in Wales at the end of 2022 was 36,631 T – 34,728 T of industrial and automotive batteries and 1,903 T of portable batteries. A new Accredited Battery Exporter was registered in early 2023.

There were five battery producer compliance schemes registered in Wales. In 2022 there were 18,636 battery evidence notes purchased by producers.

Waste: International Waste Shipments (IWS)

In 2022/23 we received 27 notification applications to export up to 773,478 tonnes of waste and 19 notification applications to import up to 547,920 tonnes of waste.

Each individual waste shipment made on notifications require completion of a movement tracking forms, which must accompany the load during the export or import. During 2022/23 we received and logged10,309 movement tracking forms onto the IWS online system

Water Resources licences and Water Discharge permits

We are responsible for the management and effective use of water in Wales to balance the needs of people and the natural environment. This is done by issuing water abstraction and impoundment licences under the Water Resources Act. It is necessary to apply for a licence to impound water in any watercourse or take more than 20 cubic metres (4,000 gallons) of water per day from a source of supply (a river or stream, reservoir, lake or pond, canal, spring, underground source, dock, channel, creek, bay, estuary, or arm of the sea).

Without water resources licences, persistent over-abstraction or works that obstruct or impede the flow of water in a watercourse could lead to shortages in water supply, increased river pollution by reducing dilution of pollutants, damage to ecology and habitats or the loss of rivers for our recreation and enjoyment. By licensing, we can control the level of abstraction and impoundment to protect water supplies and the environment.

During 2022 we concluded the New Authorisations programme of work to bring previously exempt abstractors under regulatory control via the issuing of 108 transitional ‘New Authorisations licences’ (74 full and 34 transfer licences). Most previously exempt abstractors could legally abstract without controls to protect other abstractors or the environment, while licensed abstractors were subject to control. Some of these exempt abstractions were causing environmental damage, and some were in areas that are already water stressed, but they could continue to abstract unchecked. Bringing these abstractions under regulatory control will enable us to better manage water resources effectively.

As of May 2023, there were 2,051 effective Water Resource licences:

Water Resource Licence type	Total
Full abstraction licences	1,174
Impoundment licences	737
Transfer licences	32
New Authorisation full abstraction licences	74
New Authorisation transfer licences	34
Total	2,051

We also regulate water discharge activity and groundwater activity permits issued under EPR.

Marine licensing

The Welsh marine licensable area includes the Welsh inshore and Welsh offshore region. The Welsh inshore region extends seaward 12 nautical miles from Mean High-Water Springs (MHWS) to the territorial limit. The Welsh offshore region extends beyond the territorial limit to include all areas of the sea in the Welsh Zone.

A marine licence is required when any licensable activity as defined in section 66 of the Marine and Coastal Access Act 2009 is undertaken within the marine licensable area. Marine Licences are issued in different bandings (band 1, 2 and 3). Our Marine Licensing team also undertake some statutory functions as part of the post permission phase such as variations, discharge of conditions and monitoring report approval. They also provide Screening and Scoping Opinions under the Marine Works (Environmental Impact Assessment) Regulations 2007, as amended and give preapplication advice on sediment sample plans for certain applications.

In broad terms, a marine licence is required if one or more of the activities listed below are to be undertaken in the marine licensable area:

• Any deposit or removal of material or substance, using a vehicle or vessel. Deposits or removals by hand are not marine licensable activities
• Construction, alteration, or improvement works (including works hanging/suspended over the marine licensable area and works beneath the seabed e.g., tunnels, bridges and piers)

• Scuttling vessels or floating containers
• Dredging
• Incineration of objects
• Deposit and use of explosives
• Harvesting or growing aquaculture (seaweed or shellfish)

Some activities may not require a Marine Licence and are defined as exempt.

There are several low risk and exempt activities. However, any deposit or removal of material or substance, using a vehicle or vessel or deposits or removals by hand are not marine licensable activities

The marine licences we issued in 2022 are detailed below.

Application Type	Total Issued
Variation 0 NRW Variation	7
Marine Licences Band 3	6
Variation 2 Complex Band 3	1
Discharge of Conditions Band 3	34
Marine Licences Band 1	34
Marine Licences Band 2	24
Screening Scoping	3
Variation 1 Admin	1
Variation 2 Complex Band 2	6
Variation 3 Routine	10
Discharge of Conditions Band 2	14
Sample Plan	12
Monitoring Approval	5

Freshwater and migratory fisheries licencing

The purchase of annual rod licences helps to support and manage the fish stocks enjoyed by anglers. At the end of 2022/23, over 33,727 people held a fishing licence in Wales purchasing 37,582 licences, comprising 34,494 Coarse and trout and 3,088 Salmon and sea trout licences.

Coarse	Total
Full 365	13,275
Disabled 365	1,450
Junior	1,715
Senior 365	7,098
Total	23,538

 

Rod	Total
Full 365	2,430
Disabled 365	312
Junior	692
Senior 365	296
Sub Total	3,730
Coarse and Trout Full	27,268

 

Short Term	Total
1 day	5,859
1 day senior	293
8 day	1,018
8-day senior	55
Sub Total	7,226
Coarse and Trout Total	34,494

 

Migratory Salmonoid	Total
Full 365	1,299
Disabled 365	119
Junior	269
Senior 365	1,148
Total	2,835

 

Migratory Salmonoid Short Term	Total
1 day	178
1 day senior	14
8 day	49
8-day senior	12
Sub Total	253
Salmon Total	3,088

 

Type	Total
Total Licence sales in Wales	37,582
Unique anglers in Wales	33,727

 

We also licence commercial net fisheries on ten river estuaries in Wales. In 2023 we licenced 39 salmon and sea trout netsmen in Wales (see table below). Note that all salmon must be returned unharmed since 2020 and netsmen can only retain sea trout.

 

Fishery	Method	Licences issued
Cleddau	Compass	5
Nevern	Seine	1
Taf	Coracle	1
Taf	Wade	1
Teifi	Coracle	9
Teifi	Seine	1
Towy	Coracle	5
Towy	Seine	2
Conwy	Seine	3
Conwy	Lledr trap	0
Dyfi	Seine	2
Dysynni	Seine	0
Mawddach	Seine	1
Wye	Laves	8
Total	-	39

 

Radioactive substances regulation

We are the environmental regulator for nuclear sites in Wales. We make sure that nuclear companies and the sites they operate meet the high standards of environmental protection throughout the stages of design and construction, operation, and decommissioning.

Any company that wants to construct and operate a new nuclear facility in Wales (for example, a nuclear power station or geological disposal facility) will need to apply to us for a range of different environmental permits, licences and consents.

They also need: 

• a nuclear site licence and relevant consents from the Office for Nuclear Regulation (ONR)
• planning consents from the relevant authority

The environmental permits we issue to nuclear site operators contain strict conditions (rules) that they must always follow. Permit conditions are designed to make sure that the operator’s activities do not harm people or the environment. 

Nuclear regulation: design phase

Step 1 (Initiation) of the Rolls-Royce SMR Generic Design Assessment (GDA) began in April 2022, for a duration of 12 months. We have been working closely with our regulatory partners, the Environment Agency and Office for Nuclear Regulation (ONR), and the Requesting Party, Rolls-Royce SMR Ltd, towards establishing acceptability of the generic design from a Wales perspective. The GDA entered Step 2 (Fundamental Assessment) in April 2023. GDA is a voluntary process which contributes to a comprehensive approvals process involving a range of regulators. As GDA looks at the generic design, it does not involve identifying potential locations for the designs. Further site-specific permissions and assessments are required.

We have also been actively engaging with the Department for Energy Security and Net Zero (DESNZ), the Environment Agency and the ONR regarding Advanced Nuclear Technologies (ANTs) and fusion technologies which could be deployed in England and Wales in the future, and the potential regulatory implications of these advanced systems.

Non-nuclear radioactive substances

There are currently 113 permits covering 88 sites across Wales, which use either open or sealed sources. These activities are listed under Schedule 23 of the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016). Uses range from medical treatment and research to measurement and testing in industrial settings. These regulated radioactive substances activities are termed “non-nuclear” as they are not on nuclear licensed sites.

In 2022 we determined 14 permit applications, and two additional NRW-led permit variations. The applications included six variations, two new permits, five surrenders and two transfers. All older permits have now been updated to Environmental Permitting (England and Wales) Regulations 2016 template.

Reservoir safety

On 31 March 2023 there were 397 large, raised reservoirs that were registered with us.

Compliance

Regulations and permits are only part of the delivery of effective regulation. Compliance checks are essential to ensure that regulations and permits are abided by. Physical inspections are a key part of regulation, but we also gather intelligence remotely and analyse operator reports, procedures, plans and data, in order to assess performance. Used together, these activities provide us with a rich picture from which we can assess regulatory compliance and protect the environment, our communities, and legitimate industry.

Compliance assessments

We are working to provide detailed trend analysis on our compliance work, we have established a new baseline from which we can start to measure trends, this base line reflects the step changes in our ways of working that we implemented after the Covid pandemic. We should be able to provide more detailed trend information in future reports.

EPR assessments: waste and installations

Number of Compliance Assessment Reports (CAR forms) completed for each assessment type.

Type of assessment	Waste Operations	Installations
Site Inspection	346	171
Audit	15	51
Report/Data Review	45	405
Check Monitoring/Sampling	2	33
Other	6	19
Total	414	679

 

Waste operations - 414 assessments carried out for 265 permits.

Installations – 679 assessments carried out for 194 permits. 

Non compliance

Number of non-compliances recorded against permit conditions:

Non-compliance Type	Waste Operations	Installations
C1 - Major	0	2
C2 - Significant	31	34
C3 - Minor	202	464
C4 - No environmental impact	75	120
Total number of non-compliances	308	620
O Ongoing non-compliance - not scored	40	11
X Action only	280	306

 

Bandings

Number of sites by compliance bandings at the end of 2022.

Band	Waste Operations (operational sites)	Installations
A - Good	455	121
B	86	67
C	9	29
D	11	10
E	7	12
F - Poor	1	3

 

EPR: Intensive farming

In 2022 there were 130 Intensive Farming permits in operation as of end of 2022, with 62 sites assessed by us.

Non-compliances	Total
C1 - Major	0
C2 - Significant	0
C3 - Minor	57
C4 - No environmental impact	94
Total number of non-compliances	151
X Action only	5

Forestry compliance

Forestry Act 1967		Total
Licence Inspections		118
Notice Inspections		8
Restocking Notices Issued		19
Enforcement Notices Issued		7
Warning Letters Issued		18
Prosecutions		2
Enforcement Cases in Progress at year end		16

 

Official Controls (Plant Health & Genetically Modified Organisms) (Wales) 2020		Total
Statutory Plant Health Notices (SPHN) Issued		231
SPHNs Inspected		255
Total number of non-compliances recorded		124

 

Official Controls (Plant Health & Genetically Modified Organisms) (Wales) 2020	Total
SPHNs Inspected	255
Total number of non-compliances recorded	124

 

Restocking Notices, Enforcement Notices and Statutory Plant Health Notices have compliance periods of between several months and several years. Statutory Plant Health Notices may require compliance within a much shorter period to ensure pests and diseases are either eradicated or controlled, whilst Restocking and Enforcement Notices may be several years to ensure trees are planted in line with forestry best practice and given the best chance to establish. Non-compliances can range from small areas where replanting has failed, or additional infected trees have been left standing, to a total failure to undertake works prescribed in a notice.

Waste operations

There are 749 Waste operations and installations in Band A, B and C, with 44 sites in band D, E and F. Any site that is not in band A band has some form of non-compliance. Bands D, E and F sites are deemed poor performers. They account for four percent of all sites in the waste sector (which includes waste installations and landfills)

We have 12 industrial sites, waste installations and landfill sites with permits in D, E or F bands for two or more consecutive years.

Packaging Compliance Schemes

Recycle Wales Compliance Scheme continue to be registered with us for 2022. There are 62 members of the scheme, of which 37 are based in Wales. There are approximately 230 producers registered with a scheme regulated by SEPA, NIEA and the EA that operate in Wales.

Compliance monitoring of Waste Electrical and Electronic Equipment handling

Due to resource constraints and our risk-based prioritisation of work, one AATF site was visited. We also supported TFS colleagues on compliance work related to an AATF and provided guidance to two AATFs that changed ownership and site operations.

Hazardous waste

The compliance for consignee returns submission in 2022 has continued to improve. In 2022 we completed ten consignment note audits, with most of the sites audited found to be broadly compliant with their responsibilities.

Our data shows that Industrial Estates are areas where there is a general lack of understanding about hazardous waste by the operator on the requirement to register as a hazardous waste producer and the process to do so.

We carried out four hazardous waste “Cradle to Grave” in 2022.

Installations produce the largest volume of hazardous waste within Wales, in 2022 we carried out a campaign to audit all refineries in Wales, and at the end of 2022, all but one audit has been completed and the data currently being reviewed.

We carried out a project looking at the potential misclassification of soils coming into waste transfer/ treatment sites. we inspected 28 sites and a total of 226 soil samples were taken and subjected to chemical analysis. This showed that 30(13.2%) out of the 226 samples indicated that they should have been classified as hazardous waste.

We are adopting a new approach for Healthcare Waste Audits 2023/24, working with the health boards to assist us in communicating the importance of compliance with our regulatory activities in the healthcare sector. We have a target to visit at least ten percent of small healthcare waste producers (GPs) in Wales. We will also plan a project to carry out at least two large scale audits at hospitals in Wales identified through risk analysis of waste produced by them.

In the hazardous waste sector, we have found that producers have a reliance on waste contractors in the sector for the classification, completion of paperwork and management of waste on site. The Common issues that we identified include misclassification of waste and incomplete / inaccurate consignment notes.

We found that misclassified waste predominately centred around packaging waste, and missing consignee returns were identified as a significant issue.

Fly-tipping Action Wales

FtAW is a Welsh Government sponsored initiative that is coordinated by Natural Resources Wales. The partnership includes a range of key organisations including the 22 Welsh Local Authorities, Natural Resources Wales, Keep Wales Tidy, Network Rail, Dŵr Cymru Welsh Water, Fire Services, and the Police. FtAW supports local authorities in many ways, including enforcement support and sharing of best practice. Home (flytippingactionwales.org)

We led on a fly-tipping project which was one of 24 individual projects forming the Living Levels Partnership (LLP) covering the Gwent Levels. The LLP is a cross organisational partnership, spanning administrative boundaries, working closely with communities and other stakeholders towards the sustainable management of this landscape. The delivery phase of the project ran from 2018 until 2022.

Tackling waste crime

Tackling Waste Crime is a Natural Resources Wales initiative, funded by Welsh Government, which takes innovative approaches to help prevent and disrupt waste crime. The initiative is made up of a team of officers that are dispersed across Wales.

Tackling Waste Crime (TWC) have been supporting enforcement activities at a trading estate in South Wales. The estate had multiple suspected illegal waste deposits made at various locations on the site. Our work has resulted in notices being served to help bring about the clearance of the waste.

The Gwent Levels Project was initiated by us in 2020 due to ongoing problems involving environmental crime, specifically surrounding waste offences, in the Gwent Levels area of south east Wales. Tackling Waste Crime (TWC) were asked to participate in the project in late 2022. We are now in the process of implementing some new approaches aimed at reducing waste crime in the area.

In South West Wales we are taking a proactive approach to assessing the legitimacy of individuals and companies advertising waste services. So far this has involved the identification of 181 advertisers, most of these are currently being assessed to identify whether they have the appropriate regulatory permissions to carry-out the activity being advertised. Notices have been sent out to obtain waste transfer notes and further action is being prioritised.

In North Wales we have been carrying out a project examining over 40 Skip Operators, which involves checking their ability to operate legally across a range of parameters. Most businesses have been found to have all the appropriate authorisations to operate legitimately. A small number have been the subject of further enquiries, and some of these businesses are under investigation by the local regulatory teams.

Towards the end of 2022 we alerted farmers through the National Farmer Union – Cymru to the risks of allowing individuals and companies to deposit waste on their land under exemptions. Unscrupulous operators are often looking for cheap locations to dispose of their waste and will claim that everything can be carried out legitimately under an exemption.  Exemptions have strict criteria and limits on quantities of waste that can be stored or used over certain periods of time. Where exemptions are being mis-used this can result in US investigating and taking enforcement action.

Landfill Disposal Tax

Since 2018 we have worked with the Welsh Revenue Authority (WRA) on the Landfill Disposals Tax within Wales. The WRA, which collects and manages the tax, has delegated certain tax compliance functions to us in relation to it and these are carried out by our Landfill Disposals Tax (LDT) team.

The partnership has developed into a rich collaboration including sharing expertise and information to combat waste crime and to prevent and tackle potential non-compliance within the legal and illegal waste sectors. This aims to ensure LDT is applied in a way that complements both NRW’s and Welsh Government’s wider environmental objectives.

It’s widely understood that those who engage in waste crime are driven by financial gain, often taking the risk of making an illegal disposal regardless of the potential consequences of prosecution. The WRA’s ability to charge tax on illegal waste disposals aims to strongly discourage and disincentivise individuals from engaging in this activity because of being faced with a potentially significant tax bill. For example,150 tonnes of waste charged at the 2022/2023 unauthorised disposal tax rate of £147.90 per tonne, would amount to over £22,000 in tax.

During this year we have continued to share knowledge of the waste sector which has been significant in shaping WRA’s policies, including an important one covering the calculation method for unauthorised disposals of waste. The first charging notices for the collection of this tax is expected to be issued in 2023.

Water resources licence and water discharge compliance

We assess compliance of water resources licence conditions through site inspections, monitoring of flows and levels, data checks and auditing including the checking of abstraction returns data (information on actual abstraction collected annually from licence holders). We assess compliance of water resources licence permit conditions through site inspections, monitoring of discharges, data checks and auditing.

We also regulate water discharge activity and groundwater activity permits issued under the Environmental Permitting Regulations. Across Wales discharges range from small domestic sewage treatment plants to large urban sewage treatment works and industrial trade discharges. Approximately 60% of water discharge permits are held by two water companies (Dŵr Cymru Welsh Water and Hafren Dyfrdwy). Since 2010, the water companies carry out operator self-monitoring (OSM). We also carry out annual compliance assessment on the water companies’ environmental performance, producing external reports and providing Ofwat with data returns they used to monitor their performance.

Following a compliance assessment, we record our findings in a Compliance Assessment Report (CAR), identifying any breaches of licence/permit condition and specifying actions to remedy and/or minimise the risk of reoccurrence. By the end of 2022 we completed the following compliance assessments.

CARs recorded as	Water Resources Licences	Water Discharge Permits
Compliant	50	118
Non-compliant	63	356
Total assessed for compliance	113	474

We assess the potential impact any licence/permit condition breach we identify and categorise these C1-C4. We may record more than one breach during a compliance assessment which is why the number of breaches tabled below is higher than the number of compliance assessments completed stated above.

In summary, 56% (63) of Water Resources Licence compliance assessments were found to be non-compliant and 75% (356) of Water Discharge Permits.

Breaches recorded	Water Resources Licences	Water Discharge Permits
C1 – A non-compliance which could have a major environmental effect	1	3
C2 - A non-compliance which could have a significant environmental effect	14	31
C3 - A non-compliance which could have a minor environmental effect	72	187
C4 - A non-compliance which has no potential environmental effect	16	204
Total no. of breaches recorded	103	425

We produce annual performance reports for both Dŵr Cymru Welsh Water and Hafren Dyfrdwy which are available on our website:

• Natural Resources Wales / Annual performance report for Dŵr Cymru (Welsh Water)
• Natural Resources Wales / Annual performance reports for Hafren Dyfrdwy

We have also produced a separate report on intermittent discharges (storm overflows) which is available on our website.

Species licencing compliance

In 2022 we passed 38 incidents to the police to investigate where licence conditions had not been complied with or works had commenced without a licence. We also assisted the police on several investigations providing expert advice, licensing information and witness statements.

Fresh water and migratory fisheries compliance

In 2020 we introduced new byelaws to ensure all net and rod caught salmon are returned and to shorten the netting season for sea trout. These byelaws also imposed method restrictions on anglers to improve catch and release survival rates. Ensuring compliance with these byelaws therefore was a high priority in 2022.

In 2022 our officers carried out 1,580 Rod Licence checks, comprising of 1,059 course and trout licences, 433 Salmon licences and 25 junior licences. There was an evasion rate of 5%.

In 2022 our enforcement officers carried out 28 Coracle Net and 14 Seine net checks.

Non-nuclear radioactive substances compliance

Our officers undertake compliance inspections at facilities using, holding, or disposing radioactive substances which fall under the EPR 2016. Sites are inspected on a risk-based frequency depending on the type of operation. We completed 37 permit inspections, which is a significant proportion of the planned programme across Wales in 2022.

To support the work of the medical sector following the pandemic, we made a regulatory decision to allow some flexibility in compliance with permit limits, provided that the risks to the environment and health were low. Following a review, the regulatory decision expired on 31 March 2022. We also continued to work with user groups including the medical and industrial sectors and jointly with other UK regulators on UK wide projects.

Reservoir safety

As the enforcement authority for the Reservoirs Act 1975 in Wales, it is our duty to ensure that reservoir owners and operators comply with the minimum standards set by the law.

For the period 1 April 2021 to 31 March 2023:

• We processed 96 Supervising Engineer appointments at high-risk reservoirs. Four reservoirs are under notice to appoint a Supervising Engineer
• We received and processed 177 Supervising Engineers’ statements.
• We received 27 inspection reports for high-risk reservoirs. We used our enforcement powers to carry out an inspection at an orphan reservoir.
• We recorded 74 new safety measures required at 25 reservoirs, bringing the current total to 261 measures. This is a 25% increase over the previous year.
• There were 45 overdue safety measures including those at orphan reservoirs for which we are using our enforcement powers to implement. We served enforcement notices on three reservoirs requiring completion of safety works.
• We secured emergency flood plans at 70% of high-risk reservoirs through voluntary measures where these are not a statutory requirement.

Our last Biennial Report to the Welsh Minister for 1 April 2021 to 31 March 2023 will be available on our website from September 2023.

Enforcement

We know that compliance does not always happen, sometimes by accident and sometimes not, and therefore, enforcement is an essential part of our toolkit to protect our environment, prevent pollution and support the climate and nature emergencies.

Where there is non-compliance or illegal activity, our Enforcement and Sanctions policy sets out how we undertake enforcement. This ensures that environmental offences are dealt with in a firm, fair and proportionate way, with a focus on preventing and deterring further harm to the environment and holding those who commit offences to account. The choice of enforcement tool depends on the severity and nature of the offence, as well as the willingness of the offender to comply with regulatory requirements. Our Offence Response Options outline the range of enforcement tools available to us, including advice, warnings, enforcement notices, civil sanctions, and prosecution.

Some offences may be minor and unintentional, and in these cases, we may see greater benefit in seeking to educate or using less formal approaches. This may mean providing advice and guidance to prevent similar offences from occurring in the future, or by using voluntary arrangements to encourage companies and individuals to take steps to address the environmental harm caused by their actions. However, some offences are serious. Whilst prosecution is generally considered a last resort, we do take companies or individual to court where other enforcement tools have been ineffective or where the offence is particularly serious and in the public interest.

During 2022 there was an was an increase in the level of public and media scrutiny regarding how we protect the environment of Wales through regulation and enforcement. We saw a significant increase in requests for information regarding our enforcement activity and especially the enforcement of the water industry, water pollution and fisheries.

In response to this increased interest, we have increased the level of detail in this section of the report where possible - and provided more case studies.

It should be noted that our enforcement activity can, in some cases, span several reporting periods. This becomes more evident when officers are drawn into complex investigations, particularly those with links to other enforcement agencies such as the Police and Local Authorities. This can lead to delays between the original incident and the conclusion of the enforcement response. Caution should therefore be taken if measuring our enforcement performance on the number of enforcement outcomes and prosecutions alone.

2022 Enforcement summary

In 2022 we recorded 849 new enforcement cases, comprising of 889 offenders, with 1,214 separate enforcement charges. The reason why there are more charges than case numbers is because in some cases an offender is faced with multiple charges. While our enforcement activity relating to advice, guidance and warnings remains consistent with previous years, the number of notices, cautions and prosecution cases are increasing.

A breakdown of our enforcement charges by regulation are as follows:

• 494 charges under Environmental Permitting Regulations 2016 (41%)
• 251 charges under Environmental Protection Act1990 (21%)
• 121 charges under Forestry Act 1967 (10%)
• 106 under Salmon and Freshwater Fisheries Act 1975 (9%)
• 45 under the Wildlife and Countryside Act 1981 (4%)
• 31 under the Hazardous Waste (England and Wales) Regulations 2005 (3%)
• 26 under the Water Resources Act 1991 (2%)
• 140 charges under other legislation (12%)

In 2022, some 42% of enforcement cases were generated by attending incidents. Six percent of cases were from fisheries rod and line cases. The remaining 52% resulted from compliance checks.

We took enforcement action against 299 companies and 590 individuals, resulting in 66 successful prosecutions. At the end of 2022 we had an additional 298 cases listed as “legal in progress”.

The following tables show the numbers of enforcement responses we have taken in accordance with our Enforcement and Sanctions Policy, split by regime and type.

Agricultural enforcement

Type	2016	2017	2018	2019	2020	2021	2022
Arable	7	1	7	7	8	9	6
Beef	7	14	20	12	17	26	12
Dairy	29	27	41	41	51	45	40
Forestry	6	13	10	13	24	59	59
Market Gardening/ Horticulture	1	-	-	-	2	-	1
Other Agricultural	20	13	18	23	42	40	39
Pig	1	-	1	1	1	1	1
Poultry	4	3	2	2	3	6	3
Sheep	16	4	17	20	20	20	28
Stables	-	2	2	8	8	17	11
No entry	4	7	10	6	6	4	9
Total	95	84	128	133	182	227	209

 

Water industry

A summary of enforcement action taken against water companies operating in Wales between 1 January 2016 and 25 January 2023 is provided in the tables below:

Enforcement action	Dŵr Cymru Welsh Water	Hafren Dyfrdwy
Prosecutions	6	-
Formal Cautions	19	-
Enforcement Undertakings	8	-
Civil Sanction Paid	1	-
Warning letters	342	11
Advice and guidance	36	1
In progress	28	1
No further action	47	1
Notice complied with	3	-
Total	490	15

 

Type	2016		2017		2018		2019	2020	2021	2022
Combined Sewer Overflow	8		4		2		8	1	5	6
Flow Sewer	6		6		7		9	16	15	12
Other Water Industry Premises	2		1		1		2	3	5	6
Pumping Station	4		2		3		-	2	5	5
Rising Main	3		2		6		4	3	6	4
Sewage Treatment Works	8		4		4		3	7	6	4
Storm Tank	-		1		1		-	1	-	-
Surface Water Outfall	-		-		-		1	2	1	1
Water Distribution System	-		2		5		2	5	13	6
Water Treatment Works	14		7		15		17	29	48	24
No entry	1		1		-		-	2	2	4
Total	46		30		44		46	71	106	72

 

Waste management

Type		2016		2017		2018	2019	2020	2021	2022
Composting Facility		-		1		2	-	-	-	1
Exempt Spreading/Recovery Facility		4		3		4	5	4	6	2
Household Waste Site		6		9		13	4	-	2	3
Inert Landfill		1		-		-	1	5	3	1
Metal Recycling		13		11		16	11	8	17	15
Non-Inert Landfill		5		3		6	2	3	2	2
Other Waste Management Source		15		18		15	11	20	31	22
Transfer Station		49		44		38	38	30	28	13
Waste Incinerator		-		-		-	-	-	1	2
No entry		1		2		1	2	1	2	-
Total		94		91		95	74	71	92	61

 

Industry sector 

Type	2016	2017	2018	2019	2020	2021	2022
Agriculture	-	-	-	-	1	1	-
Construction	1	2	6	9	6	13	14
Education	-	-	-	-	-	1	1
Fishing	1	-	1	-	1	-	-
Hotels and Restaurants	1	-	-	-	-	2	3
Manufacturing	6	1	7	5	4	9	6
Medical	-	-	1	1	1	-	-
Mining, Quarry, Material Extract	6	4	5	4	11	3	2
Power Generation	2	-	-	-	1	2	-
Recreation and Sporting	-	1	1	-	1	1	2
Transport, Storage, Communications	2	-	2	2	3	3	4
Waste Management Facilities	4	1	3	5	2	5	1
Water Treatment and Distribution	1		1	-	-	-	-
Wholesale and Retail Trade	-	-	2	2	1	1	2
No entry	3	-	2	1	4	1	-
Total	27	9	31	29	36	42	35

 

Hazardous Waste

Under Regulation 53: ‘Requiring submission of outstanding quarterly returns by a specified date’, 16 notices were issued. These notices were for the same company concerning 15 of their premises. The latter 15 of these have not been complied with and further enforcement action is due to be taken in line with our enforcement and sanctions policy, likely in the form of a Fixed Penalty Notice for the company.

Under Regulation 55: ‘Duties to supply information’, 3 notices were issued, 3 complied with and 1 warning letter issued.

International Waste Shipments (IWS)

In 2022/23 we undertook nine enforcement cases. In 2022/23 we did not receive any formal requests made by a non-UK authority to repatriate waste to Wales. However, some 96 containers/trailers have been returned to Welsh sites transiting from UK ports in this reporting period resulting in enforcement action being taken in line with our enforcement and sanctions policy.

Officers have conducted Port inspections at Fishguard, Holyhead and Pembroke as part of Operation Klayora and Operation Punctuate resulting in two warnings and cooperation with Competent Authorities in the Republic of Ireland.

Fresh water and migratory fisheries enforcement

We prosecuted 93 charges of illegal fishing and 26 Rod and Line charges. We also prosecuted 2 charges under the Theft Act 1968 for Rod and Line offences and there are a further four Theft Act charges still in progress at the end of the year. In addition, we provided Advice and Guidance in 14 cases and issued 14 warning letters and at the end of the year there were a total of 16 enforcement cases in progress.

The Single Justice Procedure was used for several fisheries’ enforcement cases. Single Justice Procedure applies to cases involving adults charged with summary-only non-imprisonable offences. It is part of the Government’s strategy to transform summary justice to make it simpler, faster, and more proportionate; and ensure that the best use of magistrates’ court time is made so that they can focus on cases which have the biggest impact on their communities. It enables cases to be dealt with by a single magistrate without the attendance of either prosecutor or defendant outside of the traditional courtroom setting, potentially allowing prosecutor resource to be diverted to other work and releasing court capacity.

In 2022 there were 24 Single Justice Procedure cases all for fisheries Rod and Line offences.

Cockle fisheries

Dee Estuary

We currently have 54 full cockle licence holders on the Dee Estuary. The cockle Season runs from 1 July to 31 December. In 2022 we spent 272 hours regulating the cockle fishery and 418 hours of out of hours and weekend enforcement work

Burry Inlet

The Burry Inlet shellfishery is open 12 months of the year. The licenses run from 1 April to 30 March every year and there are currently 35 full time licence holders and two temporary short-term licenses. The temporary licenses change every year depending on aspects such as stock levels. In 2022 we carried out 70 patrols of the fishery involving up to as many as five officers at a time dependent on location of the patrol. In total we spent 1,080 hours regulating the fishery and 100 hours were spent on enforcement.

Forestry

The following enforcement action was recorded in 2022:

Forestry Act 1967	Total
Restocking Notices Issued	19
Enforcement Notices Issued	7
Warning Letters Issued	18
Prosecutions	2
Enforcement Cases in Progress at year end	16

 

Official Controls (Plant Health & Genetically Modified Organisms) (Wales) 2020	Total
Statutory Plant Health Notices (SPHN) Issued	231

Enforcement by type of enforcement measure

There were 31 cases where we took no further action and 14 cases where we offered no evidence. We provided formal advice and guidance in 281 cases. We issued 402 warnings, served 27 enforcement notices that were complied with and issued 8 fixed penalty notices. We issued 34 formal cautions and prosecuted 122 separate charges, 16 of which were proved in the absence of the defendants. In 2022 our court fines from our successful prosecutions were £510,156, with over £110,000 in costs awarded by the courts.

Contravention Offence Legal Information Notification System (COLINS)

COLINS is NRW’s online activity recording system for our staff with investigatory powers to record offences for all our functions and any subsequent enforcement response and documents. Amongst other things, COLINS allows us to summarise our enforcement actions by type

In 2022 we created 849 new cases, comprising of 889 offenders, with 1214 separate enforcement charges. We took enforcement action against 299 companies and 590 individuals. At the end of 2022, we had 298 cases still listed as “legal in progress”.

Year	Cases	Offenders	Charges	Companies	Individuals
2022	849	889	1,214	299	590
2021	1,002	956	1,373	355	601
2020	604	620	936	241	379
2019	638	623	941	258	365

 

Civil sanctions: Enforcement Undertakings

An enforcement undertaking is a type of civil sanction which is available to US in relation to several environmental offences as set out in the Regulatory Enforcement and Sanctions Act (RES Act) 2008. An enforcement undertaking is a legally binding agreement, which is entered into voluntarily by the offender, and is offered to the regulator when there are reasonable grounds to suspect that an offence has been committed. For an enforcement undertaking to become an option for us as an alternative to a prosecution, we must have investigated the offence and have a realistic prospect of a successful prosecution to the criminal standard of proof, which is beyond reasonable doubt.

We concluded one Enforcement Undertaking in 2022.

Case Study: Enforcement Undertaking DoPower Ltd

A North Wales environmental charity will use £9,000 to carry out vital improvement work after the Afon Trystion was polluted by sediment from a reservoir. DoPower, who own and operate the reservoir, will pay the money to the Welsh Dee Trust following an investigation by Natural Resources Wales into the incident in April 2021.

Around 143 brown trout were thought to have been killed in the reservoir, which is upstream of Cynwyd, and then entered the river along with the sediment. Our officers investigated after receiving reports from members of the public and the local angling group of the river being discoloured. The officers found that the lowering of the reservoir’s water level had caused the movement of sediment from the banks and the bed of the reservoir.

The sediment entered the Afon Trystion through an open draining valve and a build-up of sediment was seen in the watercourse below the dam wall, along with dead fish. DoPower were notified of the issue and worked with us to reduce the risk of an escalation of the incident which resulted in an improvement in water quality within 24 hours. The water level in the reservoir had been lowered during maintenance work.

The company was recharged for the initial investigation costs of £2,812.50 and we agreed an enforcement undertaking with DoPower for the remaining investigation costs of £5,937.50 and £9,000 to be paid to The Welsh Dee Trust to carry out fish habitat improvement work on the watercourse.

Case Study: Enforcement Undertaking Environmental Reparation

Wildlife and environmental groups have benefited from a collaborative approach taken by Castell Howell Foods and us following a pollution incident caused by a malfunction at a pumping station in Carmarthenshire.

Projects carried out by the National Botanic Garden of Wales, Llyn Llech Owain SSSI Peatlands partnership, the West Wales Rivers Trust, and Wales Federation of Young Farmers Clubs are to benefit from money paid by Castell Howell Foods Ltd and facilitated by us.

The company paid the money as part of reparations for a pollution incident in July 2019. Following an investigation, and considering Castell Howell’s response, remediation work and remorse, we identified the incident as suitable for a Civil Sanction - namely an enforcement undertaking.

The incident saw overflow effluent enter the Afon Gwili near Crosshands, caused by a mechanical failure at a sewage pumping station adopted by Castell Howell upon the purchase of adjacent land. The incident, which resulted in the death of fish native to the river was exacerbated by low river flow caused by the hot, dry weather.

When contacted by us at the time of the incident, Castell Howell confirmed they had unknowingly discharged effluent via the overflow pipe due to telemetry equipment failure at the pumping station. The company took immediate action by switching to manual pumps and subsequently blocked off the existing permitted emergency overflow.

The following month (August 2019), the company installed a new telemetry system and pump. Daily inspections and an improved maintenance schedule were implemented, and a full drainage CCTV survey was undertaken.

The completion statement for this Enforcement Undertaking should be concluded in 2023.

Case study PRN Enforcement Undertaking

By 31 January each year, all packaging producers are required to have fulfilled their legal obligation to purchase Packaging Waste Recovery Notes (PRNs) for the previous year. This obligation is based on the amount of packaging the producers place on the market. The obligation cost is met by purchasing PRNs generated by reprocessors throughout the UK that recycle the packaging waste.

On 31 January 2023, four Welsh direct registrants failed to comply and had outstanding PRNs for 2022 that they had not purchased. A combined total of 1415 PRNs had failed to be purchased by our direct registrants for 2022, a mixture of plastic, paper and wood.

A similar situation occurred in all four nations with plastic PRNs having reached a record high price and then having run out before the end of the year, leaving many packaging producers unable to purchase.

Enforcement action was started once the offences had been committed. We outlined the offence committed to the producers and began working through enforcement action. This action is ongoing into mid-2023.

2022 prosecutions

These are the cases that resulted in a prosecution in 2022, many of these cases started in previous years, and in some cases, we prosecute more than one charge.

Result Date	Offender Name	Company	Offence Type	Charge (Main charge)	Total Fines	Total Costs
05-Jan-22	GILL WASTE RECYCLING LIMITED	Yes	Waste	Environmental Protection Act 1990 (as amended)	£2,100	£10,486
06-Jan-22	Colin Griffiths	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£440	£127.30
06-Jan-22	Ian Morgan	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£80	£127.30
06-Jan-22	DAVID JOHN LLOYD WATKINS	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£440	£127.30
14-Jan-22	Memory Lanes Cakes Ltd	Yes	Water Quality	Environmental Permitting (England and Wales) Regulations 2010	£26,300	£13,000
31-Jan-22	PHUNGAN NGUYEN	No	Fisheries	Salmon and Freshwater Fisheries Act 1975	£400	£1,800
07-Feb-22	Joseph Arran Davies	No	Fisheries	Salmon and Freshwater Fisheries Act 1975	£300	£1,800
07-Feb-22	Ryan Lee Jenkins	No	Fisheries	Salmon and Freshwater Fisheries Act 1975	£300	£1,800
07-Feb-22	Corey Charles Gilbert	No	Fisheries	Salmon and Freshwater Fisheries Act 1975	£200	£1,800
07-Feb-22	HUNG LE	No	Fisheries	Salmon and Freshwater Fisheries Act 1975	£200	£1,800
07-Feb-22	VAN VINH NGUYEN	No	Fisheries	Salmon and Freshwater Fisheries Act 1975	£400	£1,800
16-Feb-22	Mateusz Kakolewski	No	Fisheries	Salmon Act 1986 (as amended by section 229 of the Marine and Coastal Access Act 2009)	£100	£2,000
23-Feb-22	Carlos Davies	No	Fisheries	Salmon Act 1986	£100	£2,000
01-Mar-22	Peter Richards	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£80	£127.30
07-Mar-22	NAG Recycling Ltd	Yes	Waste	Environmental Permitting (England and Wales) Regulations 2016	£500	-
16-Mar-22	Bob Gay Plant Hire Ltd	Yes	Waste	Environmental Protection Act 1990	£7,320	£5,197.29
18-Mar-22	VU VAN KET	No	Fisheries	Salmon and Freshwater Fisheries Act 1975	£400	£400
05-Apr-22	Persimmon Homes Limited	Yes	Water Quality	Environmental Permitting (England and Wales) Regulations 2016	£424,000	£9,161
13-Apr-22	Bryn DAVIES	No	Fisheries	Byelaw - River Dee Shellfish Byelaw	£2,400	£2,500
13-Apr-22	Leon BRICK	No	Fisheries	Byelaw - River Dee Shellfish Byelaw	£180	£500
22-Apr-22	DEVONALD GWYN NOEL RICHARDS	No	Water Quality	Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (Wales) Regulations 2010	£2,153	£2,344
22-Apr-22	GAVIN DAVIES	No	Fisheries	Water Resources Act 1991	£200	£2,800
26-Apr-22	VU QUANG TIEN	No	Fisheries	Salmon and Freshwater Fisheries Act 1975	£300	£2,000
12-May-22	Daniel SUMMERS	No	Fly Tipping	Environment Act 1995	£1,100	£500
13-May-22	David Lee Rigby	No	Fisheries	Byelaw - River Dee Shellfish Byelaw	£3,000	£1,500
18-May-22	Graham Percival	No	Waste	Environmental Permitting (England and Wales) Regulations 2016	£20,000	£11,500
20-May-22	Miroslaw Wroblewski	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£54	£300
22-May-22	Wieslaw Mroziewicz	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£54	£300
16-Jun-22	Craig McGivney	No	Fly Tipping	Environmental Protection Act 1990	£1,384	£500
16-Jun-22	Terence Purvey	No	Fisheries	Theft Act 1968 / Salmon and Freshwater Fisheries Act 1975	£200	£500
17-Jun-22	Romuald Kryzysztof BIERNACKI	No	Fisheries	Salmon and Freshwater Fisheries Act 1975	£1,500	£4,000
17-Jun-22	Hung Van Tran	No	Fisheries	Salmon and Freshwater Fisheries Act 1975	£1,500	£1,800
17-Jun-22	TAN VAN TRAN	No	Fisheries	Salmon and Freshwater Fisheries Act 1975	£1,500	£3,000
17-Jun-22	DUC DUY TRAN	No	Fisheries	Salmon and Freshwater Fisheries Act 1975	£1,500	£3,000
23-Jun-22	Mervyn Lewis	No	Waste	Environmental Protection Act 1990	£800	£2,524.18
29-Jun-22	William LEVER	No	Waste	Environmental Protection Act 1990	£600	£1,400
19-Jul-22	Shane DOOLEY	No	Waste	Environmental Protection Act 1990	-	£5,997.27
16-Aug-22	LLWYD WILLIAMSON	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	-	-
13-Oct-22	Kyle Charlton Moses	No	Rod and Line	Theft Act 1968	£120	£125
18-Oct-22	Richard Glynne Jones	No	Water Quality	Environmental Permitting (England and Wales) Regulations 2016	£1,600	£2,950
24-Oct-22	Keilan Roberts	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£220	£127.50
27-Oct-22	Daniel Price	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£40	£127.30
28-Oct-22	David Manns	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£220	£98
28-Oct-22	Macauley Simpson	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£133	£98
28-Oct-22	Stewart Reed	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£164	£98
28-Oct-22	Richard Ward	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£192	£98
28-Oct-22	Gareth Park	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£192	£98
28-Oct-22	Simon Lewis	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£157	£98
28-Oct-22	Shaun Powel	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£220	£98
28-Oct-22	John Mark Shellard	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£220	£98
28-Oct-22	JOSHUA EDWARDS	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£220	£100
28-Oct-22	GEORGE LEWIS	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£146	£98
02-Nov-22	Robert Jackson	No	Waste	Environmental Protection Act 1990	£480	£3,383.25
02-Nov-22	Benjamin Stephen John	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£146	£127
02-Nov-22	LEE ALEXANDER CALLAGHAN	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£138	£127
11-Nov-22	David Ross Pickett	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£146	£127.30
22-Nov-22	Stephen Owen Jones	No	Waste	Environmental Protection Act 1990 (as amended)	£1,477	£1,000
29-Nov-22	Mark Harris	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£220	£127.30
29-Nov-22	Howard Clarke	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£80	-
29-Nov-22	Goaba Bogdam	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£220	£127.30
29-Nov-22	Thomas Bluett	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£220	£127.30
29-Nov-22	PETER PEMBERTON	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£220	£127.30
29-Nov-22	STEPHEN GRIFFITHS	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£220	£127.30
29-Nov-22	Paul Spencer	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£220	£127.30
29-Dec-22	Scott Heaps	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£220	£127.30
29-Dec-22	TOM ROBINSON	No	Rod and Line	Salmon and Freshwater Fisheries Act 1975	£220	£127.30

 

Total Fines	Total Costs
£510,156	£110,613.69

The Code for Crown Prosecutors

The Code for Crown Prosecutors requires us to apply for compensation and ancillary orders, such as anti-social behaviour orders and confiscation orders, in all appropriate cases. Listed below are the ancillary orders that a court may make following a conviction along with their usage in 2022 in relation to cases brought by US:

Disqualification of directors

No orders have been made by the court

Confiscation of assets - Proceeds of Crime Act 2002 (Asset Recovery Incentivisation Scheme-ARIS)

Tax year 21-22

Offender Name	Criminal Benefit Figure	Amount Available	Type
Emlyn Rees	£61,791.50	£1.00	Confiscation
Lee Rigby	£3,750.00	£3,750.00	Confiscation

 

Anti-social behaviour orders

No orders have been made by the court

Forfeiture of equipment used to commit the offence

Three forfeiture orders made by the courts for equipment used to commit fisheries offences

Disqualification from driving

One 12-month disqualification for the use of a vehicle used to commit illegal fishing offences.

Compensation other than PoCA

None

Vehicle seizure

None

Remediation – under the Environmental Permitting Regulations

None

Unpaid work

See Below

Community orders

• One Community Order of 300 hours with 20 Rehabilitation Activity Requirement days for two years. This was after appeal as the offender was originally sentenced to 20 weeks custody suspended for two years and disqualification from driving for two years, for operating an illegal End of Life (ELV) site
• One 12-month Community order with 250 hours of unpaid work for operating an illegal End of Life (ELV) site

Curfew

None

Restoration Order under Wildlife and Countryside Act 1980

None

Conditional Discharge

None