Carriers, Brokers and Dealers Reform: Transition to the ‘Controlling or Transporting’ Regime

Further developments in the reform of the waste carrier, broker and dealer regime are now underway, following our previous update [1].

The Government has taken a significant step forward with the laying of the Environmental Permitting (Waste Controlling or Transporting) and Relevant Functions of Primary Authorities (Amendment) (England) Regulations 2026 (“the Regulations”). This marks the next stage in what is intended to be a comprehensive overhaul of the regulatory framework governing this part of the waste sector.

What is happening next?

Although the Regulations must still complete the parliamentary process, which is expected to take several months, the direction of travel is now clear. Once the Regulations are made, a 12‑month transition period is anticipated. On this basis, businesses should expect the new regime to be fully in force during 2027 and should begin preparing accordingly.

A fundamental shift in the regulatory framework

Under the proposed reforms, waste carriers, brokers and dealers will be reframed to those controlling or transporting waste, reflecting a broader and more accountable role within the waste chain. More importantly, the current regime will be replaced by a more robust, permit-based system underpinned by enhanced scrutiny and enforcement.

We set out below some of the key changes being proposed in the Regulations:

1. From registration to permitting 

At the core of the reforms is the move from a registration model to a permitting regime. Under the current system, operators are required only to register their activities. Under the new framework, however, businesses will need to apply for and obtain a permit, and in doing so will be required to demonstrate that they meet specified standards in order to operate lawfully. This represents a clear transition to a more active form of regulation, where the burden is likely to shift onto operators to evidence compliance rather than simply provide notification. This will be a welcome addition no doubt within the industry to tighten up controls and the arguably light touch process in place currently.

2. Enhanced due diligence and background checks

Alongside this change, the Regulations introduce enhanced background checks. All applicants will be subject to identity verification and criminal record checks, with the clear objective of excluding those linked to organised waste crime. In practice, this is likely to result in more detailed scrutiny of directors and other individuals in positions of control or influence, and may require businesses to revisit internal governance and due diligence processes.

3. Introduction of technical competence requirements

The introduction of a formal requirement for technical competence is another notable development. Going forwards, operators would need to demonstrate that they possess the necessary knowledge, skills and experience to transport waste or to make decisions about its handling. This marks a significant departure from the current position, where no such requirement exists. While further detail is expected on how competence will be assessed, businesses should anticipate the need to evidence qualifications, training and/or relevant operational experience.

4. Strengthened enforcement and cost recovery

The enforcement landscape will also change materially. The Environment Agency will be granted enhanced powers under the new regime, including the ability to refuse or revoke permits and to issue enforcement notices more readily. These powers are intended to facilitate earlier and more effective regulatory intervention. At the same time, the regime will operate on a cost recovery basis, meaning that permit fees will be structured to fund the costs of regulation. This is likely to lead to increased compliance costs for regulated businesses.
 

5. Escalation of criminal sanctions

The Regulations also introduce stronger sanctions, including the potential for penalties of up to five years’ imprisonment for the most serious offences relating to the unlawful transport or dealing in waste. This development reflects the Government’s clear intention to ensure waste crime of this nature is being treated with the upmost seriousness.

6. Increased transparency

In addition, a new requirement will be introduced for operators to display their permit number prominently, including on vehicles and in advertising and marketing materials. This measure is intended to increase transparency within the sector and to make it easier for regulators, customers and the wider public to identify compliant operators and report suspected non-compliance.

Preparing for the new regime

These reforms amount to one of the most significant overhauls of the waste regulatory regime in recent years. While the proposed transition period provides some time for adjustment, the extent of the changes means that early engagement will be important. Businesses involved in the transport, brokering or management of waste should now be reviewing their compliance frameworks, governance arrangements and workforce capability, in anticipation of the more demanding requirements to come.

The objectives are clear: to professionalise the sector, raise standards and deter criminal activity. Those organisations that take proactive steps to understand and prepare for the new regime will be best placed to ensure compliance and to minimise operational disruption as the changes take effect.

References 

[1] Reforming the waste carrier, broker and dealer system : Clyde & Co