Waste Reforms: New Permitting Regime for Waste Carriers, Brokers and Dealers in England

The Government has laid before Parliament a draft statutory instrument that seeks to change the regulation of waste carriers, brokers and dealers (“CBDs”).[1] Those operators currently have to register with the Environment Agency (“EA”) as CBDs under a relatively light-touch system. Under the new draft regulations, CBDs will be regulated as waste transporters, controllers or controller-transporters under the Environmental Permitting (England and Wales) Regulations 2016 (“EPR”).[2] 

These changes will be a significant shift for how CBDs are regulated, moving from a basic registration model to, what the Government hopes, is a more robust and risk‑based permitting regime, with tougher enforcement powers for bad actors.

This reform is a key part of the Government’s Waste Crime Action Plan, discussed in a previous update. 

Change to regulation of waste CBDs

The current registration regime for waste CBDs provides regulators, in the Government’s view, with only a basic level of oversight and does not facilitate sufficient checks for new entrants and existing participants in the sector.[3] Furthermore, the Government considers that existing enforcement powers are insufficiently robust and that the present system has contributed to waste crime. 

The draft Environmental Permitting (Waste Controlling or Transporting) and Relevant Functions of Primary Authorities (Amendment) (England) Regulations 2026 (the “New Waste Regulations”), introduces three new categories of activities that will be permitted activities under the EPR, being: 

• Waste transporting activities;
• Waste controlling activities; and
• Waste controlling-transporting activities.

A waste transporting activity means moving waste between locations.

A waste controlling activity means: the buying or selling of waste; organising the collection, transportation, recovery, disposal, end destination, temporary storage of waste; or making arrangements for the assessment and classification of waste. A person will also be carrying out a waste controlling activity where they carry out any of these actions on behalf of others, and regardless of whether they have taken possession of the relevant waste. 

A waste controlling-transporting activity means an activity which is both a waste controlling and waste transporting activity.

Carrying out these activities will require an environmental permit under the EPR (subject to certain exemptions), which in scope operators should apply for through the existing permit application process set out under the EPR. In their applications, operators will need to demonstrate relevant technical competence, as well as undergoing identity and criminal record checks. Technical competence may be evidenced through the workplace as a whole, such as through having appropriate management systems, or by training and testing of certain relevant individuals.

The New Waste Regulations will impose detailed requirements on waste operators to ensure that the EA has greater scrutiny over the waste system. For example, drivers of vehicles transporting waste as part of a waste controlling or transporting activity must carry a relevant permit number and have a unique driver number that has been allocated to them by the operator.

There are exemptions to the requirement to apply for a permit for certain low‑risk activities (such as businesses transporting only their own waste and the control or transport of returnable items under the deposit return scheme in England and Northern Ireland), which should be registered with the EA. These operators will remain subject to certain reduced conditions to ensure environmental protection.

Certain activities are not within the new waste activities and do not require an exemption. These include waste produced within a multi-producer premises that is dealt with in accordance with a collective waste management agreement.

Bringing the regulation of waste CBDs under the umbrella of the EPR will give the EA enhanced enforcement powers. The EA will be able to: 

• refuse, suspend or revoke permits;
• impose criminal sanctions for breach of a permit, including up to five years’ imprisonment for the most serious breaches;
• step in and remove a serious pollution risk that has arisen from the operation of a regulated facility ; and
• impose variable monetary penalties on those carrying out one of these new waste activities without a permit. 

Both Defra and the EA are expected to publish guidance ahead of the implementation of the new regime. 

These changes apply to England only, although the application is broad. In particular, the New Waste Regulations will apply where: a company’s registered office is in England; if the company’s registered office is not in England but the waste activity is conducted from any other place of business in England; or the export of waste to or from the United Kingdom starts or ends in England. 

The existing CBD registration system will continue to apply in Wales. 

Timing and transition

The Government has not confirmed when the new regime will come into force, but it is expected this will be at some point during 2027. 

The draft statutory instrument contains certain transitional provisions to support waste CBDs move into the new permitting process. 

Existing upper‑tier CBD registrants should apply for a permit (or register an exemption) when their existing registration is due to be renewed, meaning implementation will occur across the three year re-registration period. 

Lower‑tier CBD registrants should apply for a permit (or register an exemption) within 12 months of the regime coming into force. 

Interaction with the Government’s broader waste strategy

As indicated in the Government’s Waste Crime Action Plan, these reforms are part of a wider effort to tackle waste crime. The Government hopes that this will improve traceability and accountability across the waste chain, closing the loopholes that criminals currently exploit. In particular, the changes align with the development and roll-out of the digital waste tracking service.

What this means for businesses

For organisations involved in the waste CBD sector, the reforms represent a significant increase in regulatory expectations and a clear shift towards greater scrutiny of those who transport, control or arrange the movement of waste. 

• Businesses should start preparing now by assessing whether their activities fall within the new waste transporting, controlling or controlling-transporting activities, and whether they will need to apply for an environmental permit or register an exemption.
• Those likely to be in scope should also give early thought to the practical requirements of the permit application process, including how they will demonstrate technical competence, and ensure that appropriate management systems, records and driver processes are in place. The transition periods will give operators some time to adapt, but businesses should not underestimate the operational changes that may be needed.

The reforms are also relevant for businesses higher up the waste chain. Waste producers and others relying on carriers, brokers or dealers may wish to review their contractor arrangements and due diligence processes to ensure that waste is handled by appropriately authorised operators once the new regime is in force. 

With enhanced EA enforcement powers sitting behind the new regime, including permit refusal, suspension or revocation, criminal sanctions and financial penalties, early preparation will be important.

Please get in touch with Simon Tilling, Michael Barlow, Victoria Barnes, or your usual Burges Salmon contact if you have any questions. 

With stronger powers to revoke permits and issue enforcement notices, we will move faster to shut down rogue operators and protect communities from the damage waste crime causes. Philip Duffy, Chief Executive at the Environment Agency

https://www.gov.uk/government/news/new-reforms-to-stop-waste-criminals-from-exploiting-loopholes