On 21 October 2023, the Department for Environment, Food and Rural Affairs (DEFRA) published its response  to its January 2022 consultation on the reform of the waste carrier, broker and dealer registration system in England.

Under the current regime for waste carriers, brokers and dealers (CBD) any person or business that transports, buys or sells waste, or arranges the transportation of waste in England must be registered with the Environment Agency (EA) under a two-tier scheme. However, the regime and its lack of background checks has come under increasing scrutiny from many in the industry who claim it allows bad actors to operate within it and commit regulatory offences. Such offences include the misclassification of waste and allowing waste to be taken to an inappropriate destination.   The regime has become widely discredited as a result.

This latest response confirms the below proposals from the consultation:

Simplified Terminology

DEFRA will simplify the current terminology around waste carriers, brokers and dealers to: 

  • waste transporters (those who physically transport waste as instructed but do not classify it or decide its destination); and 
  • waste controllers (those who take responsibility for classifying waste and deciding where it is taken, and then arrange for a transporter to carry out the physical transportation).

Replacement of Registration with Environmental Permitting Rules

A ‘standard rules’ environmental permit or a registration exemption regulated under the Environmental Permitting (EP) regime will replace the current registrations system.

Accordingly, the reforms will create three types of permit:

  • waste controller (only);
  • waste transporter (only); and
  • waste controller and transporter (combined).

The permits will also be differentiated further by the scale of the operations undertaken and the types of waste carried by the permit holder, with additional tiers of permit that take into consideration the type and volume of waste carried. 

Introduction of Technical Competence

The EP regime requires operators to demonstrate ‘operator competence’ for which ‘technical competence’ is a component. On the granting of any permit, waste transporters and controllers will now be subject to these same requirements. The EA must be satisfied that any applicant can meet both the conditions of the permit being applied for and have the appropriate level of technical competence for that permit.

DEFRA hopes that the introduction of technical competence alongside a proposed digital waste tracking service will “increase compliance with regulation…reduce waste crime within the industry and…create a more level-playing field for legitimate waste operators.”

The changes are broadly welcomed by industry.  For example, The Chartered Institute of Waste Management (CIWM) "supported the move to bring the CBD registration regime into the Environmental Permitting Regulations as this gives the regulator increased control”  - see CIWM responds to government announcement on Carriers, Brokers and Dealers reforms.

DEFRA also consulted on a proposal to introduce permits for waste exporters and is currently "exploring alternative options for reform”. In any event, it is clear to see that regulatory waste reform is firmly on the agenda.

If you have any questions relating to waste and your regulatory waste obligations, please contact Michael Barlow or one of our Environment team. 

 Written by David Morris