The Digital Waste Tracking (England) Regulations 2026

These Regulations established an electronic digital waste tracking system in England to monitor the movement and management of controlled waste, including household, industrial, and commercial waste.

They direct operators of permitted facilities to record specified information in the system within two working days of receiving waste and to pay an annual fee of £26 to the designated person, defined as the Secretary of State.

The Environment Agency is authorized to monitor compliance and may impose civil sanctions, such as fixed or variable monetary penalties, or pursue criminal charges for failures to comply with recording, retention, or notification requirements.

The document also provides specific procedures for digitally excluded persons and protocols for system outages.

Arguments For

  • The legislation states that the electronic system is established for the purpose of tracking controlled waste.

  • Proponents argue that a digital system enables more effective monitoring of waste movements and facilitates the discharge of the Environment Agency's functions.

  • The document specifies that tracking includes hazardous controlled waste, physical forms of waste, and persistent organic pollutants to ensure detailed oversight.

  • The order provides for "digitally excluded persons," allowing those unable to use electronic systems to maintain written records instead of digital ones.

  • The legislation provides a legal basis for sharing information between public bodies to prevent or manage waste-related crime and ensure producer responsibility compliance.

Arguments Against

  • Legal scholars may question the proportionality of the fee structure, as an annual digital waste tracking fee is mandated regardless of waste volume.

  • Affected parties might express concern over the strict two-working-day deadline for recording waste information, which could present implementation difficulties for smaller facilities.

  • Civil liberties or data privacy advocates might raise questions regarding the broad information-sharing powers granted to the Environment Agency and other public authorities.

  • Environmental organizations may argue that the exemption of household waste deposited at local authority sites by residents limits the system's comprehensiveness.

  • Businesses could cite potential administrative burdens and legal risks associated with civil sanctions and criminal offenses for reporting errors.

PART 1

General

Citation, commencement, extent and application

  1. -(1) These Regulations may be cited as the Digital Waste Tracking (England) Regulations 2026 and come into force on 1st October 2026.

(2) These Regulations extend to England and Wales and apply in England.

Interpretation

  1. In these Regulations-

'the 1990 Act' means the Environmental Protection Act 1990;

'the 2005 Regulations' means the Hazardous Waste (England and Wales) Regulations 2005;

'the 2016 Regulations' mean the Environmental Permitting (England and Wales) Regulations 2016;

'the Agency' means the Environment Agency;

'approved software' means software that has been approved by the designated person in accordance with regulation 3(3);

'consignment note' means the document set out in Schedule 4 (form of consignment note) to the 2005 Regulations;

'designated person' has the meaning given in regulation 3(1);

'digitally excluded number' has the meaning given in regulation 8(7);

'digitally excluded operator' has the meaning given in regulation 8(1)(a);

'digital waste record' means an electronic record that is created using approved software;

'digital waste record number' has the meaning given in regulation 3(4)(a);

'digital waste tracking system fee' means the fee payable in accordance with regulation 5;

'digital waste tracking system' has the meaning given in regulation 3(2);

'end of the quarter' means one of the following days, being the end of a quarter-

  • (a) 31st March;
  • (b) 30th June;
  • (c) 30th September; or
  • (d) 31st December;

'enforcement cost recovery notice' has the meaning given in regulation 20(1);

'hazardous controlled waste' means controlled waste (that is to say, household waste, industrial waste or commercial waste) that is hazardous waste;

'operator of a permitted facility' (or 'the operator') means the person who is authorised under an environmental permit to operate a permitted facility;

'permitted facility' means a regulated facility where a waste operation is carried out;

'quarter' means any period of 3 months ending on 31st March, 30th June, 30th September or 31st December;

'regulated facility' has the meaning given in regulation 8 of the 2016 Regulations;

'specified information' has the meaning given in regulation 4(5)(a);

'specified steps' has the meaning given in regulation 4(5);

'working day' means a day which is not-

  • (a) a Saturday or a Sunday;
  • (b) Christmas Day;
  • (c) Good Friday; or
  • (d) a bank holiday in England under the Banking and Financial Dealings Act 1971.

PART 2

The Digital Waste Tracking System

Designated person and the digital waste tracking system

  1. -(1) The Secretary of State ('the designated person') is designated for the purposes of section 34CA(7) of the 1990 Act.

(2) The designated person must establish, maintain and operate an electronic system ('the digital waste tracking system') for the purpose of tracking controlled waste.

(3) The functions in paragraph (2) include (but are not limited to) the approval of software.

(4) Subject to paragraph (5), the designated person must ensure that-

  • (a) a unique identifying number is assigned to a digital waste record ('digital waste record number') when specified information in that digital waste record is entered into the digital waste tracking system; and
  • (b) the digital waste record number is sent to the operator of a permitted facility who recorded the specified information in the digital waste record as soon as possible after the digital waste record number has been assigned.

(5) If the operator of a permitted facility has recorded specified information in a digital waste record but has not paid the digital waste tracking fee in accordance with regulation 5(2), the designated person may withhold the entry of the specified information into the digital waste tracking system.

Entry of specified information into the digital waste tracking system by operator of permitted facility

  1. -(1) This regulation applies when the operator of a permitted facility receives controlled waste at the permitted facility (but see paragraph (2)).

(2) Paragraph (1) does not apply if-

  • (a) the permitted facility is a place provided under arrangements made by a waste disposal authority under section 51(1)(b) as read with section 51(2)(a) of the 1990 Act; and
  • (b) the controlled waste received at the permitted facility is deposited by a person resident-
  • (i) in that waste disposal authority's area; or
  • (ii) outside that waste disposal authority's area under arrangements made by the waste disposal authority for the deposit of household waste under section 51(3) of the 1990 Act.

(3) The operator must pay the digital waste tracking fee in accordance with regulation 5.

(4) The operator must comply with the steps specified ('the specified steps') in paragraph (5) for each load of controlled waste received at the permitted facility (but see paragraph (7)) by the deadline set out in paragraph (8).

(5) The specified steps are to-

  • (a) record in a digital waste record the information specified in Part 2 of Schedule 1 ('specified information'); and
  • (b) check that the specified information in the digital waste record has been entered into the digital waste tracking system.

(6) For the purposes of paragraph (5)(b), the requirement to check-

  • (a) is satisfied if the operator receives the digital waste record number for the digital waste record in accordance with regulation 3(4)(b);
  • (b) is not satisfied if the operator has not received that digital waste record number due to a failure by the operator to-
  • (i) pay the digital waste tracking fee in accordance with regulation 5; or
  • (ii) having received a digital message indicating an error, investigate and correct any error with the digital waste record or any error or omission in the specified information recorded in that digital waste record.

(7) For the purposes of paragraph (4)-

  • (a) where the controlled waste received consists of hazardous controlled waste accompanied by more than one consignment note completed in accordance with requirements in regulation 36 (standard procedure) of the 2005 Regulations, the hazardous controlled waste to which each consignment note relates is to be treated as one load; and
  • (b) where the controlled waste received consists of hazardous controlled waste delivered to the permitted facility by pipeline under a consignment note completed in accordance with requirements in regulation 41 (removal of wastes by pipeline) of the 2005 Regulations, the hazardous controlled waste to which each consignment note relates is to be treated as one load.

(8) For the purposes of paragraph (4), the deadline for completing the specified steps is the end of the second working day after the day on which the load of controlled waste or hazardous controlled waste is received (but see paragraph (9)) by the operator.

(9) For the purposes of paragraph (8), where the load of hazardous controlled waste is delivered by pipeline, the day of receipt is-

  • (a) if the load is piped over the course of more than one day, the day on which the last of the piped load is received; and
  • (b) if the load is piped continuously-
  • (i) the day recorded in the consignment note relating to that load as the end of the quarter; or
  • (ii) where the piping stops before the day recorded in the consignment note relating to that load as the end of the quarter, the day on which the piping stops.

Digital waste tracking system fee

  1. -(1) The digital waste tracking system fee is £26.

(2) The digital waste tracking fee is payable to the designated person on the first occasion the obligation to comply with the specified steps under regulation 4(4) arises and then on each anniversary of that occasion.

Outage preventing entry of specified information

  1. -(1) In the event of an outage, the operator of a permitted facility must follow the steps in paragraph (2).

(2) The steps are to-

  • (a) unless the operator has received an outage notification, notify the Agency of the outage as soon as reasonably practicable;
  • (b) make a written record of the specified information within the deadline specified in regulation 4(8);
  • (c) within 7 days beginning with the day after the day the outage is resolved, ensure the specified information recorded in a written record under sub-paragraph (b) is entered into the digital waste tracking system in accordance with the specified steps.

(3) The operator of a permitted facility-

  • (a) may make the written record required under paragraph (2)(b) in electronic form if the operator is able to save the record in a manner that can be easily found and retrieved;
  • (b) must, until such time as the step described in paragraph (2)(c) is completed-
  • (i) retain the written record made under paragraph (2)(b); and
  • (ii) if requested to do so, make the written record available to the Agency as soon as reasonably practicable after a request is made.

(4) In this regulation-

  • (a) 'outage' means circumstances caused by factors beyond the operator of the permitted facility's control that prevent the entry of the specified information into the digital waste tracking system by the deadline specified in regulation 4(8);
  • (b) 'outage notification' means a communication informing users of the digital waste tracking system that the system is unavailable.

Correction of digital waste record

  1. -(1) This regulation applies where-
  • (a) the operator of a permitted facility discovers they have made an error in a digital waste record; and
  • (b) in consequence of such an error, incorrect information about controlled waste is entered into the digital waste tracking system.

(2) The operator of a permitted facility must ensure the correct information is entered into the digital waste tracking system in accordance with the specified steps as soon as reasonably practicable and, in any event, within one month of the date on which the operator of a permitted facility becomes aware of the error.

PART 3

Digitally excluded persons

Written record of specified information by digitally excluded operator of a permitted facility

  1. -(1) This regulation applies when-
  • (a) the operator of a permitted facility is a digitally excluded person ('digitally excluded operator'); and
  • (b) the digitally excluded operator receives controlled waste at the permitted facility (but see paragraph (2)).

(2) Paragraph (1) does not apply if-

  • (a) the permitted facility is a place provided under arrangements made by a waste disposal authority under section 51(1)(b) as read with section 51(2)(a) of the 1990 Act; and
  • (b) the controlled waste received at the permitted facility is deposited by a person resident-
  • (i) in that waste disposal authority's area; or
  • (ii) outside that waste disposal authority's area under arrangements made by the waste disposal authority for the deposit of household waste under section 51(3) of the 1990 Act.

(3) The digitally excluded operator-

  • (a) is exempt from the requirements in regulations 4 to 7;
  • (b) must-
  • (i) make a written record of specified information about each load of controlled waste received at the permitted facility (but see paragraph (4)) by the deadline set out in paragraph (5);
  • (ii) include in the written record their digitally excluded number; and
  • (iii) retain and make available the written record in accordance with regulation 12.

(4) For the purposes of paragraph (3)(b)(i)-

  • (a) where the load of controlled waste received consists of hazardous controlled waste that is accompanied by more than one consignment note completed in accordance with requirements in regulation 36 (standard procedure) of the 2005 Regulations, the hazardous controlled waste to which each consignment note relates is to be treated as one load; and
  • (b) where the load of controlled waste received consists of hazardous controlled waste delivered to the permitted facility by pipeline under a consignment note completed in accordance with requirements in regulation 41 (removal of wastes by pipeline) of the 2005 Regulations, the hazardous controlled waste to which each consignment note relates is to be treated as one load.

(5) For the purposes of paragraph (3)(b)(i), the deadline for making the written record is the end of the second working day after the day on which the load of controlled waste or hazardous controlled waste is received (but see paragraph (6)) by the digitally excluded operator.

(6) For the purposes of paragraph (5), where the load of hazardous controlled waste is delivered by pipeline, the day of receipt is-

  • (a) if the load is piped over the course of more than one day, the day on which the last of the piped load is received; and
  • (b) if the load is piped continuously-
  • (i) the day recorded in the consignment note relating to that load as the end of the quarter; or
  • (ii) where the piping stops before the day recorded in the consignment note relating to that load as the end of the quarter, the day on which the piping stops.

(7) In this regulation, a 'digitally excluded number' means the unique identifying number assigned to a digitally excluded operator by-

  • (a) the Agency in accordance with regulation 9(2)(a);
  • (b) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland in accordance with any provisions made by that Department under article 5G(6) of the Waste and Contaminated Land (Northern Ireland) Order 1997;
  • (c) the Natural Resources Body for Wales in accordance with any provisions made by Welsh Ministers under section 34CA(6) of the 1990 Act; or
  • (d) the Scottish Environment Protection Agency in accordance with any provisions made by Scottish Ministers under section 34CA(6) of the 1990 Act.

Application for digitally excluded number

  1. -(1) A digitally excluded operator whose principal place of business is in England must apply to the Agency for a digitally excluded number.

(2) On receiving an application under paragraph (1), the Agency must-

  • (a) assign the applicant a digitally excluded number; and
  • (b) inform the applicant of the digitally excluded number assigned to them.

Ceasing to be a digitally excluded person

  1. -(1) If a person to whom a digitally excluded number is assigned under regulation 9(2)(a) ceases to be a digitally excluded person, that person must give written notice of the fact to the Agency.

(2) A notice under paragraph (1) must be given as soon as reasonably practicable after the person ceases to be a digitally excluded person.

(3) A person who gives notice under paragraph (1)-

  • (a) continues to be, for a period of 28 days beginning with the date of the notice-
  • (i) exempt from the requirements in regulations 4 to 7 in accordance with regulation 8(3)(a); and
  • (ii) subject to the requirements in regulation 8(3)(b);
  • (b) after a period of 28 days beginning with the date of the notice, is no longer-
  • (i) exempt from the requirements in regulations 4 to 7; or
  • (ii) subject to the requirements in regulation 8(3)(b).

List of digitally excluded persons

  1. The Agency must-
  • (a) maintain a list of digitally excluded persons to whom the Agency has assigned a digitally excluded number under regulation 9(2)(a);
  • (b) as soon as reasonably practicable after the expiry of the period of 28 days referred to in regulation 10(3)(b), remove from the list any person who has ceased to be a digitally excluded person.

Retention and making available written records

  1. A written record made under regulation 8(3)(b)(i) must-
  • (a) be retained for at least 3 years beginning with the date on which the record is made; and
  • (b) if requested by the Agency, be made available to the Agency as soon as reasonably practicable after the request is made.

PART 4

Monitoring

Monitoring functions

  1. The Agency must monitor compliance with these Regulations.

Recording of information by Environment Agency

  1. The Agency may enter any information contained in a written record and made available to the Agency under Parts 2 or 3 of these Regulations into the digital waste tracking system.

PART 5

Offences and Civil Sanctions

CHAPTER 1

General

Interpretation

  1. In this Part and in Schedule 2-

'body corporate' includes an LLP;

'compliance notice' means a notice requiring a person to take such steps as are specified in the notice, within such time as is specified in the notice, to ensure that a contravention of a provision of these Regulations does not occur, continue or recur;

'fixed monetary penalty' means a penalty of the amount specified in paragraph 1(1) of Schedule 2;

'LLP' means a limited liability partnership registered under the Limited Liability Partnerships Act 2000;

'public register' means the register referred to in regulation 23(1);

'variable monetary penalty' means a penalty of such amount as is determined by the Agency in accordance with Part 2 of Schedule 2.

CHAPTER 2

Offences

Offences

  1. -(1) An operator of a permitted facility who fails to comply with any of the provisions of the regulations specified in paragraph (2) is guilty of an offence.

(2) The provisions are-

  • (a) regulation 4(4) (comply with specified steps within specified deadline);
  • (b) regulation 6(1) (written record in event of outage within specified deadline);
  • (c) regulation 6(3)(b) (retain and make available outage written record);
  • (d) regulation 7(2) (corrections);
  • (e) regulation 8(3)(b)(i) (written record);
  • (f) regulation 8(3)(b)(ii) (record digitally excluded number in written record);
  • (g) regulation 8(3)(b)(iii) (retain and make available written record);
  • (h) regulation 9(1) (application for digitally excluded number);
  • (i) regulation 10(1) (notice of ceasing to be digitally excluded person);
  • (j) regulation 10(2) (deadline for giving notice).

(3) A person who fails to comply with a compliance notice imposed under Part 3 of Schedule 2 is guilty of an offence.

Offences: supplementary

  1. -(1) Where-
  • (a) an offence under these Regulations has been committed by a partnership or unincorporated association; and
  • (b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of-
  • (i) a relevant individual; or
  • (ii) an individual purporting to act in the capacity of a relevant individual,

the individual as well as the partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.

(2) In paragraph (1), 'relevant individual' means-

  • (a) in relation to an LLP, a member;
  • (b) in relation to a partnership, a partner;
  • (c) in relation to an unincorporated association, a person who is concerned in the management or control of the association.

Penalties for offences

  1. An offence under regulation 16 or 17 is punishable-
  • (a) on conviction on indictment, with a fine;
  • (b) on summary conviction, with a fine.

CHAPTER 3

Civil Sanctions

Civil sanctions

  1. -(1) Where the Agency is satisfied on the balance of probabilities that a person has contravened a requirement specified in paragraph (2) ('a relevant requirement'), the Agency may, in relation to that contravention, impose on that person-
  • (a) a fixed monetary penalty in accordance with Part 1 of Schedule 2;
  • (b) a variable monetary penalty in accordance with Part 2 of Schedule 2; or
  • (c) a compliance notice in accordance with Part 3 of Schedule 2.

(2) The requirements are-

  • (a) regulation 4(4) (comply with specified steps within specified deadline);
  • (b) regulation 6(1) (written record in event of outage within specified deadline);
  • (c) regulation 6(3)(b) (retain and make available outage written record);
  • (d) regulation 7(2) (corrections);
  • (e) regulation 8(3)(b)(i) (written record);
  • (f) regulation 8(3)(b)(ii) (record digitally excluded number in written record);
  • (g) regulation 8(3)(b)(iii) (retain and make available written record);
  • (h) regulation 9(1) (application for digitally excluded number);
  • (i) regulation 10(1) (notice of ceasing to be digitally excluded person);
  • (j) regulation 10(2) (deadline for giving notice).

(3) Where the Agency is satisfied on the balance of probabilities that-

  • (a) a relevant requirement has been contravened by a body corporate, partnership or unincorporated association; and
  • (b) the contravention occurred with the consent or connivance of, or was attributable to any neglect on the part of-
  • (i) a relevant individual; or
  • (ii) an individual purporting to act in the capacity of a relevant individual,

the Agency may impose a civil sanction specified in paragraph (1) on that individual as well as the body corporate, partnership or unincorporated association.

(4) If the Agency is satisfied, on the balance of probabilities, that the contravention of a relevant requirement or prohibition by a person is due to the act or default of some other person, the Agency may also impose a civil sanction specified in paragraph (1) on that other person, whether or not such a sanction is imposed on the first-mentioned person.

(5) A person on whom a civil sanction has been imposed under this regulation may appeal to the First-tier Tribunal against the imposition of that sanction in accordance with the procedure in regulation 25.

(6) The Agency may recover a fixed monetary penalty or a variable monetary penalty-

  • (a) as a civil debt; or
  • (b) on the order of a court, as if payable under a court order.

(7) In this regulation, 'relevant individual' means-

  • (a) in relation to a body corporate-
  • (i) a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity;
  • (ii) where the affairs of the body are managed by its members, a member;
  • (b) in relation to an LLP, a member;
  • (c) in relation to a partnership, a partner;
  • (d) in relation to an unincorporated association, a person who is concerned in the management or control of the association.

Enforcement cost recovery notices

  1. -(1) The Agency may serve a notice ('an enforcement cost recovery notice') on a person on whom a variable monetary penalty notice in accordance with Part 2 of Schedule 2, or a compliance notice in accordance with Part 3 of Schedule 2, has been served requiring that person to pay the costs incurred by the Agency in relation to the imposition of that notice up to the time of its imposition.

(2) Costs referred to in paragraph (1) include in particular-

  • (a) investigation costs;
  • (b) administration costs;
  • (c) costs of obtaining expert advice (including legal advice).

(3) The enforcement cost recovery notice must specify-

  • (a) the amount required to be paid;
  • (b) how payment must be made;
  • (c) the period within which payment must be made, which must not be less than 28 days beginning with the date on which the notice is served;
  • (d) the grounds for serving the enforcement cost recovery notice;
  • (e) the right of appeal; and
  • (f) the consequences of failure to comply with the enforcement cost recovery notice in the specified period.

(4) A person on whom the enforcement cost recovery notice is served may require the Agency to provide a detailed breakdown of the amount.

(5) A person required to pay costs is not liable to pay the proportion of those costs which are shown by the person to have been unnecessarily incurred.

(6) The person required to pay costs may appeal to the First-tier Tribunal in accordance with the procedure in regulation 25 against-

  • (a) the decision of the Agency to impose the requirement to pay costs; or
  • (b) the decision of the Agency as to the amount required to be paid in respect of those costs.

(7) The Agency may recover any costs required to be paid under an enforcement cost recovery notice-

  • (a) as a civil debt; or
  • (b) on the order of a court, as if payable under a court order.

Payment of penalties into Consolidated Fund

  1. The Agency must pay any penalty it receives under this Part into the Consolidated Fund.

Withdrawing or amending a notice

  1. The Agency may at any time in writing-
  • (a) withdraw a fixed monetary penalty notice;
  • (b) withdraw a variable monetary penalty notice;
  • (c) withdraw an enforcement cost recovery notice;
  • (d) reduce the amount specified in a variable monetary penalty notice or an enforcement cost recovery notice;
  • (e) withdraw a compliance notice;
  • (f) amend the steps specified in a compliance notice so as to reduce the amount of work necessary to comply with the notice;
  • (g) vary a notice so as to extend the time in which to pay any penalty.

CHAPTER 4

Public register

Register of enforcement action

  1. -(1) The Agency must establish and maintain a register (a 'public register') containing details of-
  • (a) any conviction for an offence under regulation 16 or 17;
  • (b) any civil sanction imposed under regulation 19 provided that-
  • (i) any appeal in relation to a civil sanction has been finally disposed of; or
  • (ii) if there has been no appeal, the time for lodging any appeal in respect of the civil sanction has expired;
  • (c) any enforcement cost recovery notice served under regulation 20.

(2) Information relating to civil sanctions must be removed from the public register within a period no longer than 4 years after the information was entered on the register.

(3) Nothing in this regulation requires the public register to contain information relating to criminal proceedings, or anything which is the subject matter of criminal proceedings, before those proceedings are finally disposed of.

(4) In paragraph (3), 'criminal proceedings' includes prospective criminal proceedings.

(5) The Agency must-

  • (a) enter information on the public register as soon as reasonably practicable after it comes within the Agency's possession;
  • (b) make the public register available for inspection by members of the public at all reasonable times, free of charge; and
  • (c) permit members of the public to obtain copies of entries on the public register on payment of a reasonable charge.

(6) The public register may be kept in any form but shall be indexed or arranged so that members of the public can readily trace information contained in it.

Spent convictions of individuals

  1. The Agency must remove details of any conviction from the public register once the rehabilitation period for a sentence has ended in accordance with section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods for particular sentences) as it applies in England.

PART 6

Appeals

Procedure on appeal

  1. -(1) A person who wishes to appeal to the First Tier Tribunal under regulation 19 or 20 must appeal to the First-tier Tribunal in accordance with the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 ('the 2009 Rules'), and the 2009 Rules apply to the appeal, subject to the modification in paragraph (2).

(2) Rule 22 of the 2009 Rules applies to an appeal brought under these Regulations as if rule 22(1)(b) required the notice of appeal to be received by the Tribunal within 2 months of the date on which notice of the decision to which the appeal relates was sent to the appellant.

(3) The First-tier Tribunal may, in relation to a decision to impose a civil sanction under regulation 19 or the service of an enforcement cost recovery notice under regulation 20, which is the subject of the appeal-

  • (a) quash the decision, or withdraw the notice (whether in whole or in part);
  • (b) confirm the decision or notice (whether in whole or in part);
  • (c) vary the decision or notice (whether in whole or in part);
  • (d) remit the decision to the Agency.

Status pending appeal

  1. Any-
  • (a) civil sanction imposed under regulation 19 (other than a compliance notice); or
  • (b) enforcement cost recovery notice issued under regulation 20,

which is the subject of an appeal is suspended until the appeal is determined or withdrawn.

Determination of appeals

  1. Where, following an appeal under regulation 25, the First-tier Tribunal determines that a decision of the Agency is to be remitted to the Agency for reconsideration, the Agency must-
  • (a) comply with any directions given to it by the First-tier Tribunal; and
  • (b) take any steps necessary to give effect to the First-tier Tribunal's determination.

PART 7

Supplementary

Access to information

  1. The designated person must allow the Agency access to information entered into the digital waste tracking system for the purpose of facilitating the discharge of any of the Agency's functions.

Information sharing

  1. -(1) Any information held by the designated person or the Agency under these Regulations may be shared with a body listed in paragraph (2) for the purposes set out in paragraph (3).

(2) The bodies are-

  • (a) a responsible authority;
  • (b) a public authority;
  • (c) a competent authority;
  • (d) the scheme administrator.

(3) The purposes are-

  • (a) for a responsible authority, enforcement functions relating to the electronic tracking of waste;
  • (b) for a public authority, functions relating to the prevention or management of waste or waste related crime;
  • (c) for a competent authority, the law enforcement purposes;
  • (d) for the scheme administrator, functions conferred on it by the 2024 Regulations.

(4) In this regulation-

  • (a) 'the 2018 Act' means the Data Protection Act 2018;
  • (b) 'the 2024 Regulations' mean the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024;
  • (c) 'competent authority' has the same meaning as in section 30(1) of the 2018 Act;
  • (d) 'public authority' has the same meaning as in section 7(1) of the 2018 Act;
  • (e) 'responsible authority' means-
  • (i) the Agency;
  • (ii) the Natural Resources Body for Wales;
  • (iii) the Scottish Environment Protection Agency; or
  • (iv) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;
  • (f) 'the law enforcement purposes' has the same meaning as in section 31 of the 2018 Act;
  • (g) 'scheme administrator' means the person appointed pursuant to regulation 58 of the 2024 Regulations.

Review

  1. -(1) The Secretary of State must from time to time-
  • (a) carry out a review of the regulatory provision contained in these Regulations; and
  • (b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 1st October 2031.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular-

  • (a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);
  • (b) assess the extent to which those objectives are achieved;
  • (c) assess whether those objectives remain appropriate; and
  • (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

SCHEDULE 1 - Specified information

PART 1 - Interpretation

  1. Defines relevant terms including 'waste code', 'waste list', and references to European and domestic waste regulations.

PART 2 - Specified information

  1. The operator of a permitted facility: Name, contact details, permit number, and deployment reference if mobile.

3-4. The permitted facility: Address/deployment site and the date and time waste was received.

5-8. The transporter of the waste: Name, contact details, carrier registration or transporter authorisation number, and consignment note codes for hazardous waste.

  1. The broker or dealer: Name, address, and registration/authorisation numbers for middlemen arranging transport.

10-11. Mode of transport: Method (road, rail, etc.) and vehicle registration numbers if applicable.

12-14. Description of the waste: General description, six-digit waste codes, weight (estimated or actual), and the relevant disposal (D) or recovery (R) codes.

15-16. Hazardous properties: Identification of hazardous properties (HP 1-15), persistent organic pollutants (POPs), and specific chemical/biological concentrations.

17-18. Physical form and handling: Classification (gas, liquid, solid, etc.) and any special handling requirements.

SCHEDULE 2 - Civil sanctions

PART 1 - Fixed monetary penalties

1-8. Sets the fixed penalty at £1,000 for non-compliance. Outlines the 'notice of intent' process, the 28-day period for making representations, and the 50% increase for late payment.

PART 2 - Variable monetary penalties

9-15. Permits the Agency to determine variable penalties based on environmental impact, financial benefit from the breach, culpability, and history. Includes a similar notice and representation process to fixed penalties.

PART 3 - Compliance notices

16-18. Describes notices requiring specific steps to correct contraventions. Specifies that failing to comply with these notices is itself a criminal offence.

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