As a regulator, we will take action to uphold the law in a manner that is appropriate and fair to all.
Every offence is considered on its own merits having regards to public interest factors. The following highlights your main obligations in relation to the requirement to be registered as a waste carrier, broker and dealer.
Waste carriers
If you carry controlled waste to or from any place in Great Britain, as part of your business or otherwise for profit, you will generally need to be registered as a carrier.
Not to be registered when required is an offence and we can take legal action against you.
A prosecution for this offence can result in fines of up to £5,000.
This is a relevant offence. This means that being convicted of this offence could prevent you from remaining or becoming registered as a carrier, dealer and/or broker.
Waste brokers/dealers
If you make arrangements on behalf of others to recover or dispose of waste, regardless of whether you handle the waste or not, you will generally need to be registered as a broker.
If you use an agent to buy and then sell wastes, regardless of whether you handle the waste or not, you will generally need to be registered as a dealer.
All registrations will include the ability to be a dealer - we will not register dealers separately.
If you are not registered then we can require that you register by serving a notice.
Non-compliance with that notice is an offence for which we can take legal action against you. This is a relevant offence. This means that being convicted of this offence could prevent you from remaining or becoming registered as a carrier, dealer and/or broker.
General
Notification of changes to register details:
You are obliged to notify us of changes to your details that affect the information we have on the register, within 28 days of the change.
If you do not update these details within 28 days, we may remove you from the register until such time as these updated details are supplied. This means that during this period you are not authorised to carry out the activity for which you are registered. You could face legal action and your details will not appear on the public register so you could lose custom. It is therefore very important that you update these details.
Duty of care:
Any person who imports, produces, carries, keeps, treats or disposes of controlled wastes is subject to the duty of care. Brokers and dealers are also subject to this duty.
These terms are wide ranging and there can, for example, be more than one person who can be classed as the producer of the waste and therefore will be subject to the requirements.
The duty of care requires that you must take all the measures you reasonably can to:
- prevent another person committing certain offences with the waste
- prevent the escape of waste from you or the other person's control
- transfer waste to an authorised person (such as a waste collection authority, a permitted or registered exempt waste facility or a registered waste carrier) or to a person for authorised transport purposes
- complete and keep a transfer note.
Householders have a reduced duty of care by which they do not need to complete transfer notes but they do need to check that their waste goes to an authorised person or to a person for authorised transport purposes.
If you don’t comply with the duty of care this is an offence and you may face legal action. This is a relevant offence. This means that being convicted of this offence could prevent you from remaining or becoming registered as a carrier, dealer and/or broker.
Government guidance is available on the duty of care:
Managing waste:
To lawfully undertake most activities involving controlled waste, including deposit, treatment or keeping, either a permit or a relevant exemption should be in place and the conditions or criteria should be followed.
Managing waste without or other than in accordance with a permit, is a serious offence for which a prison sentence is available and an unlimited fine, should the case be heard at Crown Court.
This is a relevant offence. This means that being convicted of this offence could prevent you from remaining or becoming registered as a carrier, dealer and/or broker.
