New regulations start a 12-month countdown to competence-backed environmental permits for waste controllers and transporters in England.
The regulations underpinning England’s new waste controller and transporter permitting regime have been made, clearing the way for new competence requirements to take effect in July 2027.
The Environmental Permitting (Waste Controlling or Transporting) and Relevant Functions of Primary Authorities (Amendment) (England) Regulations 2026, SI 2026/873, were made on 22 July after receiving approval from both Houses of Parliament. They were published on 28 July.
Most of the regulations come into force at the end of the 12-month period beginning on the date they were made, meaning the principal permitting changes will take effect on 22 July 2027. Preliminary and transitional provisions come into force earlier.
The legislation will replace the existing carrier, broker and dealer registration system in England with an environmental permitting regime covering three categories of activity: waste controlling, waste transporting and combined waste controlling-transporting.
Its passage provides legal certainty for the Controllers and Transporters (CaT) Competence Scheme being developed by the Chartered Institution of Wastes Management (CIWM) alongside the Environment Agency.
CIWM said it will deliver and maintain a route through which individuals can demonstrate technical competence under the Environmental Permitting Regulations.
Its work includes developing learning materials, assessments and digital certification, with flexible resources and guidance expected to be available ahead of commencement.
Dan Cooke, CIWM’s director of policy, communications and external affairs, said: “Introducing mandatory technical competence for waste controllers and transporters is a significant step forward for the sector.”
He said CIWM’s role would be to provide a clear, credible and proportionate route to competence that supports legitimate operators as well as the Government’s regulatory objectives.
Introducing mandatory technical competence for waste controllers and transporters is a significant step forward for the sector.
The new legislation brings controlling and transporting waste within the existing environmental permitting framework. The detailed competence requirements will be reflected in the Environment Agency’s permit rules and conditions.
Under the Government’s implementation plans, applicants will have to demonstrate that they are competent to transport waste or make decisions about its classification, movement and destination. They will also be subject to identity and criminal-record checks.
The Environment Agency will be able to refuse applications and suspend or revoke permits where operators fail to satisfy the relevant requirements or breach their permit conditions.
Defra’s policy design allows competence to be demonstrated by a permit holder or a nominated person employed by the business. The assessment is expected to be proportionate and modular, with its content varying according to whether someone transports waste, controls its management or performs both functions.
The Government has also said permit conditions will require operators to display permit numbers in advertising. The regulations expressly require exempt operators to include their registration numbers in relevant advertising.
Drivers transporting waste under the new regime will have to carry the relevant permit or registration number and a unique driver number allocated by the operator.
The changes are intended to close weaknesses in the current registration system, which provides limited scope to assess competence or prevent unsuitable operators from entering the sector.
The Government’s Waste Crime Action Plan cites an Environmental Services Association estimate that waste crime costs the English economy £1 billion annually.
Ministers have presented the permitting reforms, digital waste tracking and changes to waste exemptions as linked measures intended to improve traceability and exclude criminal operators.
Implementation will, however, create costs for legitimate businesses. The House of Lords Secondary Legislation Scrutiny Committee said the Government’s impact assessment estimated an annual net direct cost to businesses of £28.6 million.
This will be offset by an estimated £68.6m value of benefits to the public sector, businesses and wider society from reduced waste crime (according to the regulatory impact assessment).
Permit fees will fund application processing, permit administration and compliance monitoring, while criminal enforcement will be funded separately. The Government has committed an additional £45 million to Environment Agency waste-crime enforcement over three financial years.
The change will not require every existing operator to switch immediately in July 2027. Most existing upper-tier carriers, brokers and dealers will move across when their current registrations are scheduled to expire, producing a phased transition.
Existing lower-tier registrants that need a permit or registered exemption will generally have a further 12 months after the new system commences in which to comply.
Although the instrument legally extends to England and Wales, the new waste controlling and transporting activities are brought within the permitting regime in England. The existing carrier, broker and dealer registration system will continue in Wales.
Further Environment Agency guidance, standard permit rules and details of charges are expected ahead of commencement. CIWM has encouraged businesses to assess their likely permit and competence requirements early to avoid disruption when the regime takes effect.
