The Waste (England and Wales) Regulations 2011, introduced a new requirement for all those who buy and subsequently sell waste to be registered as dealers. Rather than require you to declare whether you deal or not we thought it best to automatically allow all registrants to be dealers. In effect, this means that should you be a dealer you are already correctly registered. If you are not a dealer it is just an extra permission that you have at your disposal.
If your main place of business is in Scotland you should register with the Scottish Environmental Protection Agency – this will also allow you to carry on that activity in England and Wales. If your main place of business is in England or Wales a registration with the Environment Agency will allow you to carry on those activities in Scotland.
If your business is based overseas you will need to register with either the Environment Agency or the Scottish Environmental Protection Agency. Which agency you register with will depend on where you carry on most of your activity.
Your registration only allows you, or for a partnership you and the specified partners, and people who are employed by you or your partnership, to carry on the activities lawfully and only when they are acting in the course of their employment as detailed in the table.
Contractors, sub-contractors or agents will not benefit from your registration.
| Registered person |
Who is covered by the registration?
|
| An individual |
- The individual
- A person employed by the individual as an employee, undertaking work for the individual
|
| A company |
- Anyone employed by the company as an employee, undertaking work for the company
|
| Partners |
- Any specified partner
- Anyone employed by the partnership as an employee, undertaking work for the partnership
|
| A charity or voluntary organisation |
- Anyone employed by the charity or voluntary organisation, undertaking work for the charity or organisation
|
| A local authority |
- Any employee of the local authority, undertaking work on behalf of the local authority
|
| The Secretary of State for a department |
- Any employee of the department, while undertaking work on behalf of the department. Note the registration would apply to all parts of the department
|
No. It was decided that you do not need to be registered at all and are therefore excluded from the need to register. This is because the person using the vehicle to carry the waste will need to be properly registered and not you. You are not transporting the waste as part of your business, you are transporting the vehicle.
In practice very little. If you are already registered, the only difference you will see is the appearance of the term dealer on paperwork and certificates, and references to the new regulations. The term dealer has been added to ensure all dealers are registered in accordance with European Union Law without making anyone re-register.
If you are a waste producer and do not currently need to register because you carry only your own (non-construction/demolition) waste there will be a change from the end of 2013.
If you normally and regularly transport that waste as part of your business and are classified as a 'specified person' under regulation 24 (5) of the Regulations, or otherwise for profit, then you will need to register with us as a lower tier carrier after 2013. As the requirement to register will not apply until this date there is currently no availability for these people to register either online or via an application form.
What is meant by normally and regularly is best answered as examples.
The term normally and regularly only applies to lower tier carriers.
For new waste producers and lower tier organisations, if you would usually rely on a waste contractor to transport the waste but, for some reason they have been unable to provide this service to you through no fault of your own, and you transport the waste yourself as a one-off occurrence, it would not be a normal and regular activity. Therefore, you would not need to register for that occasion. However, you should be prepared to provide evidence that this is the case should you be asked at either the receiving site or by a regulator.
For those carriers who are lower tier as a result of the waste they carry for other people (for example animal by-products), it is likely that you do in fact 'normally and regularly' carry wastes and should be registered (as lower tier).
Lower tier registrations apply to any person who is required to register as a carrier, broker or dealer under the Control of Pollution (Amendment) Act 1989 or the Waste (England and Wales) Regulations 2011 but only to those who fall within one of the categories of 'specified persons' as defined by the Waste Regulations. These are:
- a charity or voluntary organisation
- a waste collection authority
- a waste disposal authority
- a waste regulation authority
Or
- a carrier who only transports, a broker who only arranges for the recovery or disposal of, or a dealer who only deals in:
- animal by-products
- waste from a mine or quarry
- waste from premises used for agriculture
- OR after 2013, a carrier who only transports waste produced by the carrier itself, except where it is construction or demolition waste (up until then they are excluded).
Upper tier registrations apply to any person who is required to register under the Control of Pollution (Amendment) Act 1989 or the Waste (England and Wales) Regulations 2011 who is not a specified person.
If you are registered in the lower tier you can only carry the particular types of waste listed in the definition of specified person in the Waste Regulations, such as waste from a mine or quarry, unless your registration is as one of the organisations listed there, such as a charity or voluntary organisation. In this case your registration will cover any type of waste.
If you are registered as upper tier you can undertake both upper and lower tier activities.
If you are registered as upper tier, your registration needs to be renewed every three years. If you are registered as lower tier your registration is indefinite unless withdrawn or revoked.
A person whose activity makes the waste will be the waste producer. The revised waste framework directive defines 'waste producer' as anyone whose activities produce waste (original waste producer) or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste.
For example, a gardener pruning bushes, weeding etc, will be the producer of the green waste. If you are a waste producer only carrying your own waste, you do not need to register until after 2013, unless what you carry includes construction and demolition waste in which case you need to be registered as an upper tier carrier.
If you produce construction or demolition waste you need to be registered to carry that waste as an upper tier carrier, except:
- If you are registered as a lower tier organisation (for example, a waste collection authority) you can carry construction and demolition wastes using your lower tier registration.
- If you are registered in the lower tier because of the waste types you carry, your lower tier registration will be valid for construction and demolition wastes that are within that waste type. For example, construction and demolition wastes from mines and quarries.
Construction and demolition wastes is any waste produced as a result of construction or demolition activities and will typically include waste from the infrastructure of buildings. Construction includes improvements, repairs and alterations.
The lower tier can only apply to those 'specified persons' as defined in the new Waste (England and Wales) Regulations 2011. A Community Interest Company is not a charity and therefore not a specified person so, if you undertake activities that require registration, you will need to register in the upper tier.
