The Direction was introduced to reduce mercury emissions from crematoria in Wales. Mercury released during cremation is an environmental and public‑health concern, and this Direction forms part of Wales’s broader air‑quality and pollution‑control strategy. It requires local authorities to update crematoria permits to ensure that crematoria monitor, manage and report progress towards reducing their mercury emissions.

Key requirements

1. Mandatory permit variation by local authorities

Local authorities in Wales must update the environmental permits of all crematoria within their area. These variations must introduce specific conditions requiring crematoria to measure and report mercury‑abatement performance.

2. Reporting obligations for crematoria

Crematoria operators must provide regular information to their regulator, including:

• The number of cremations conducted. The number or proportion completed using operational mercury‑abatement equipment.
 
• Progress made in meeting mercury‑emission reduction targets. Any other data needed to demonstrate compliance or improvements.

3. Monitoring and verification of mercury‑emission reductions

Operators are required to demonstrate progressive improvement in controlling emissions. This may involve using abatement technology, contributing to burden‑sharing arrangements or showing how operational practices reduce emissions over time.

4. Regulatory oversight by local authorities

Local authorities must ensure crematoria comply with the updated permit conditions. This includes reviewing submissions, verifying data, checking abatement systems and taking enforcement action if required.

Who the legislation applies to

The Direction applies to:

• Local authorities in Wales, who must vary permits and enforce the reporting regime. Crematoria operators in Wales, who must comply with new permit conditions, monitor emissions and provide the required information.

It does not apply to the general public, funeral directors or cremation service customers.

UK countries and regions where it applies

This Direction applies only in Wales.
It does not apply in:

• England
• Scotland
• Northern Ireland

These countries have their own arrangements or regulatory mechanisms governing crematoria emissions.

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To comply with the Direction, crematoria operators and the regulating local authority must hold clear, auditable evidence showing that mercury‑emission controls and reporting duties are being met. Evidence must demonstrate both compliance with environmental‑permit variations and progress toward reducing mercury emissions.

1. Environmental‑permit variation records

Operators must retain:

• Copies of updated environmental permits reflecting the required mercury‑abatement conditions.
• Any supporting correspondence from the local authority confirming the variation.
• Evidence of acceptance and implementation of new permit conditions.

2. Mercury‑abatement performance data

Crematoria are required to provide:

• Annual or periodic emissions‑reporting data, showing the proportion of cremations carried out using operational mercury‑abatement equipment.
• Records demonstrating whether abatement equipment met operational standards during the reporting period.
• Evidence showing the number of cremations carried out in abated vs. non‑abated units.

3. Burden‑sharing scheme documentation (if applicable)

Where a crematorium participates in a mercury‑emission burden‑sharing arrangement, evidence may include:

• Certificates from recognised burden‑sharing schemes confirming compliance.
• Records of financial contributions made to support abatement efforts elsewhere.
• Documentation explaining how the crematorium meets its share of national abatement obligations.

4. Equipment operation and maintenance logs

Operators must keep:

• Maintenance records for mercury‑abatement equipment.
• Servicing logs, repair notes and verification that systems remain operational.
• Calibration or testing reports for monitoring equipment.

5. Cremation‑activity records

Crematoria must hold:

• Total number of cremations undertaken during the reporting year.
• Breakdowns showing which cremations were performed using abated cremators.
• Logs demonstrating how cremation data were collected and verified.

6. Monitoring and performance‑review evidence

Local authority regulators may require:

• Internal performance reviews assessing progress toward national abatement targets.
• Compliance assessments and data-checking records.
• Notes or reports from inspections or audits (internal or external).

7. Reporting submissions

Operators must maintain:

• Copies of all reports submitted to the local authority as required under the updated permit conditions.
• Evidence of timely submission within the required periods.
• Supporting data used to compile the reports, such as spreadsheets, system exports or monitoring results.

8. Enforcement and corrective‑action records

If issues with abatement equipment or reporting arise, evidence should include:

• Notices issued by the regulator and responses taken.
• Corrective‑action plans and proof of implementation.
• Follow‑up testing or verification demonstrating resolution.

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