Reforming the waste carrier, broker and dealer system

Further to our article of May 2025 considering the UK Government’s consultation on waste reforms, the Government has now published a policy paper setting out the incoming reforms to the waste carrier, broker and dealer system (“WCBD”). The overall aim of the reforms is to provide enhanced powers to regulators so that they may effectively combat waste crime.

The need for reforms

The current WCBD registration system does not differentiate between size of operations, types of waste and level of risk. Defra has observed that the system has become ‘reactive rather than proactive’ with enforcement options being limited, and often only occurring following enforcement action being taken for other reasons. 

The incoming reforms aim to:

• Introduce a wider range of regulatory tools to increase flexibility in enforcement;
• Increase checks at the application stage;
• Increase funding for compliance monitoring activities;
• Simplify the system by combining the WCBD regime with the main regulatory system; and, 
• Overall provide stronger powers to fight against waste crime. 

The changes

Terminology

The terminology (‘carriers, brokers and dealers’) will be simplified to more effectively attach responsibility to those making the key decisions in respect of the waste being managed. 

• ‘Transporters’ – move waste between locations, lacking control and input as to the end destination and classification.
• ‘Controllers’ – are responsible for management of the waste, including organising its transportation, end destination, assessment, classification, recovery, disposal, sale and purchase. 
• Controller-transporters’ – a hybrid i.e. waste collection companies. 

Environmental permitting

Existing registrations will be replaced with a ‘standard rules’ environmental permit or a registered exemption. There will be three types of permits: 

• Waste controller only; 
• Waste transporter only; and 
• A combined waste controller-transporter permit. 

Permits will be differentiated by the scale of operations and the type of waste carried, with the introduction of additional tier will cover four levels of risk. Any additional charges and conditions will therefore reflect the risk of waste transported and controlled. Thus, those carrying large amounts of the most at-risk waste types will be ‘distinctly identified and charged accordingly’. 

Exemptions 

The policy paper includes a non-exhaustive list of exemptions from the requirement to operate under a permit, some of which must be registered every three years, including:

• Local authorities collecting household waste;
• Charities transporting/controlling non-saleable stock; 
• Those only transporting/controlling low levels of non-construction or non-demolition waste, produced by themselves in the course of their business (i.e. dirty rags);
• Farmers transporting their own agricultural waste; and, 
• Waste already covered by alternate regulations (animal by-products and waste from mines and quarries). 

Charging

Application fees will cover the cost of determining an application and the costs of monitoring compliance over three years, in line with the existing legislative charging framework for environmental permitting. Every three years permit holders will pay a renewal fee and a further subsistence fee. Defra confirms that the charges will be proportionate to the size and activities of the businesses.  

Demonstrating technical competence 

As waste transporters and controllers will be moved into the remit of the Environmental Permitting Regulations (‘EPR’), they will be required to demonstrate operator competence. The EA must be satisfied that the applicants meet the technical competence conditions of the permits and maintain this competence throughout the life of the permit. The demonstration of competence can be either individual or workplace based. The assessment requirements are yet to be finalised, but are proposed to be as follows:

• Individual – a remote e-learning course and an in-person test taken by a nominated person. Individual employees will not need to demonstrate full competence, but must show that they have received adequate training and are competent in activities they carry out. 
• Workplace – this is likely to be similar to the current system for site permits run by Energy & Utility Skills (EU Skills). 

After an initial grace period of one year, proof of competence must accompany any permit application and evidence of ongoing competence will be required at the three yearly permit renewal. Those registering exemptions will not be required to demonstrate competence, as this would not be proportionate based on the low-risk activities they perform. 

Conclusion

The effect of these regulation reforms will be to bring waste transporters and controllers under the EPR, and thus aims to provide a more robust enforcement framework when compared to the existing WCBD regime. The requirement to demonstrate technical competence aims to increase awareness of the importance of record keeping and proper classification and disposal of waste, increasing compliance with regulation with an aim to reduce waste crime. There is currently no set date for the implementation of the proposed reforms, with more information due to follow regarding a semi-staggered approach to updating permits. Further specifics can be found in the policy paper, here.