New plans to tackle waste crime

The Government has announced plans to reform the waste industry in order to try and tackle illegal waste activity such as fly-tipping and illegal exports of waste.

As part of the reform, those trading or moving waste could face extra background checks. This will ensure that waste is managed by authorised people only and to make sure that it is more difficult for unregistered operators to work in the waste sector. In addition, changes will make it easier for regulators across the UK to take action against operators.

The plans also aim to introduce mandatory digital waste tracking, which is an initiative that stems directly from the Environment Act 2021. As a result, those handling waste will record information when the waste is produced right through to the point it is disposed of, recycled or reused. Doing this will allow the regulators to more accurately detect illegal waste activities.

Environment Minister Jo Churchill said, "Waste criminals show complete disregard for our communities, the environment and the taxpayer. We have disrupted these rogue operators by giving extra powers to the Environment Agency, with nearly 1,000 illegal waste sites now being shut down each year, while our new Joint Unit for Waste Crime is successfully disrupting criminal gangs, for example, prosecuting fly tippers illegally dumping hundreds of tonnes of hazardous waste across the countryside.

"But there is more to do. Reforming the licensing system will clamp down on abuse of the system and new mandatory digital waste tracking will greatly improve transparency in the sector and make it easier for householders to check that their waste is being disposed of legally.

"Together, these reforms will stop criminals abusing the waste system and make it easier to prosecute offenders successfully."

Two Consultations have been launched in relation to the plans, which are described below.

Carrier, broker and dealer Consultation

The Consultation on waste carrier, broker and dealer system reform addresses plans to move from a registration to a permit-based system, meaning those transporting or making decisions about waste must show they are competent enough to make the decisions.

The main elements of the reform are as follows:

• a simplification of the terminology around waste carriers, brokers and dealers, so that there are only two distinct roles: a transporter (carrier) who transports the waste but does not classify it or decide its destination, and a controller (brokers and dealers) who classifies the waste and decides where it is taken and also arranges for a transporter;
• the carrier, broker and dealer regime will be brought under the Environmental Permitting (England and Wales) Regulations SI 2016/1154, resulting in three tiers for regulation;
• a transporter or controller permit must be held by the legal operator of the waste classification, management and/or transportation operations;
• those applying for a transporter, controller or a transporter/controller permit will need to demonstrate competence and appropriate understanding.

Should this legislation be made following consultation, it is expected it could come into force between 2023 and 2024.

Mandatory digital waste tracking Consultation

In order to track waste better, and to understand whether it has been recycled, recovered or disposed of, and also to see whether it has been correctly handled and disposed of, the Government is proposing to join up the separate waste systems that currently exist and replace the current paper-based waste records with digital versions.

Some of the key elements of the Consultation on mandatory digital waste tracking are:

• controlled waste (including hazardous, non-hazardous, household, commercial and industrial waste) and extractive waste will be covered by a digital waste tracking service;
• the tracking service will capture the full journey of the waste, from production until it reaches it's final fate, with every step of the journey of the waste recorded;
• the current recording requirements for hazardous waste activities will be used as the basis for the digital tracking service, with the same activities being recorded for hazardous and non-hazardous waste;
• bin collections for household waste will not change, though householders will be given a unique identifier allowing the person to see what happens to the waste;
• it is intended that once the waste tracking service goes live the costs for the operation and maintenance of the service will be met by the service users. This is in line with the polluter pays principle.

The Government is working towards a target date for a central digital waste tracking service to go live from 2023 to 2024, dependent on the IT development and the transition needs of businesses.

For more information, see the:

• Consultation on waste carrier, broker and dealer system;
• Consultation on mandatory digital waste tracking.