The Environmental Permitting (Waste Controlling or Transporting) and Relevant Functions of Primary Authorities (Amendment) (England) Regulations 2026
Transferred the regulation of waste carriers and brokers into the environmental permitting framework and introduced new identification requirements for waste transport drivers.
These Regulations integrate the regulation of waste carriers, brokers, and dealers into the Environmental Permitting (England and Wales) Regulations 2016 framework, replacing the previous registration system under the Control of Pollution (Amendment) Act 1989 in England.
They establish three new classes of regulated facilities: waste controlling activity, waste transporting activity, and waste controlling-transporting activity, making them subject to environmental permits or specific exemptions.
The Environment Agency is designated as the regulator for these activities, which include duties to apply the waste hierarchy and carry identification during transport.
The rules apply to businesses, charities, and individuals involved in the moving, buying, selling, or arranging for the disposal of waste in England.
Arguments For
The order states that the Environment Agency, local government bodies, and representatives of industry, agriculture, and small businesses were consulted during the drafting process.
Proponents argue the legislation integrates waste transportation and brokerage into the existing Environmental Permitting (England and Wales) Regulations 2016 framework to ensure consistency.
The document notes that the regulator must ensure operators apply the waste hierarchy and meet the environmental objectives of Article 13 of the Waste Framework Directive.
Arguments Against
Legal scholars may question the complexity of the 12-month transition period for different categories of existing registered waste carriers and brokers.
Affected businesses might express concern over the new requirement for drivers to carry specific permit and unique driver identification numbers, increasing administrative burdens.
Civil liberties organizations or industry groups could seek clarification on the expanded powers for authorities to search and seize vehicles under the Environmental Protection Act 1990 in relation to these new activity categories.
PART 1
General
Citation, commencement and extent
- -(1) These Regulations may be cited as the Environmental Permitting (Waste Controlling or Transporting) and Relevant Functions of Primary Authorities (Amendment) (England) Regulations 2026.
(2) This regulation and regulations 2, 27 to 31 come into force on the 21st day after the day on which the Regulations are made and the remainder of the Regulations come into force at the end of the period of 12 months beginning with the day on which these Regulations are made.
(3) These Regulations extend to England and Wales.
This section establishes the official title of the instrument and sets the timeline for its implementation.
Preliminary provisions and transitional rules take effect 21 days after the regulations are made, while the substantive changes to permitting requirements begin after 12 months.
The regulations apply to England and Wales, though the substantive amendments primarily focus on operations in England.
Regulation 7 (interpretation: operate a regulated facility and operator)
- In regulation 7 (interpretation: operate a regulated facility and operator)—
(a) renumber the existing paragraph as paragraph (1);
(b) in that paragraph, in the definition of 'operate a regulated facility'—
(i) at the end of paragraph (a) omit 'or';
(ii) at the end of paragraph (b) insert 'or';
(iii) after paragraph (b) insert—
'(c) carry on a waste controlling or transporting activity in England';
- (c) after paragraph (1) insert—
'(2) A person carries on a waste controlling or transporting activity in England if—
(a) their registered office or principal place of business is in England;
(b) their registered office and principal place of business are outside England, but they carry on waste controlling or transporting activity from any other place of business in England;
(c) they import waste from outside the United Kingdom, and the movement of waste ends in England; or
(d) they export waste from within the United Kingdom, and the movement of waste starts in England.'
This section expands the definition of operating a regulated facility to include carrying out waste controlling or transporting activities within England.
It specifies that an operator is considered to be active in England if their main office is located there, if they operate from a local branch, or if they are responsible for imports or exports that start or end in England.
New Schedule 25D
- After Schedule 25C (decarbonisation readiness requirements for generators in England) insert—
'SCHEDULE 25D
Waste Controlling Activity, Waste Controlling-Transporting Activity and Waste Transporting Activity
...
Waste controlling activity
3.—(1) Subject to paragraph 6, 'waste controlling activity' means any of the following—
- (a) buying and selling waste;
- (b) organising the collection, transportation, recovery or disposal of waste;
- (c) organising the end destination of waste;
- (d) organising the temporary storage of waste prior to recovery or disposal;
- (e) making arrangements for the assessment of waste and ensuring waste is classified by the waste producer...
Waste transporting activity
4.—(1) Subject to paragraph 6, waste transporting activity means moving waste between locations...
Requirement to have proof of environmental permit
- The driver of a vehicle used to transport waste as part of a waste controlling or transporting activity must, when transporting waste, carry—
- (a) the permit number of the environmental permit... and
- (b) a unique driver number allocated to that driver by the operator...'
This Schedule defines the specific actions that constitute waste controlling and transporting activities, including brokerage, dealing, and physical movement of waste.
It excludes certain private activities, such as householders moving their own domestic waste or non-commercial litter collection.
It also imposes a new requirement for drivers to carry their permit number and a unique identification number while transporting waste.
Part 4: Transitional and saving provision
28.—(1) A carrier of, or broker or dealer in, controlled waste registered under the CP(A)A 1989 immediately before Part 3 comes into force... is not required to [have a permit] until the end of the period of 12 months beginning with the day on which Part 2 of these Regulations comes into force.
(2) Other carriers... are only required to do so on the day after the date on which that carrier, broker or dealer’s registration was scheduled to expire under the CP(A)A 1989.
This part outlines how existing waste carriers, brokers, and dealers move from the old registration system to the new permitting regime. It allows certain operators an additional 12 months to comply, while others must obtain their new permit only when their previous registration would have naturally expired.
It prevents any single entity from holding multiple registrations during this period.
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