Waste (England and Wales) Regulations 2011
What this means for your business
- Enforced by
- Environment Agency, NRW
- Applies to
- United Kingdom
- On this page
- 8 compliance obligations, 8 practical guides across 4 topics
What you must do
8 compliance obligations under this legislation.
Management duties 3
Apply the waste hierarchy to all waste transfers
If your business imports, produces, collects, transports, recovers, disposes of waste or acts as a waste dealer/broker, you must follow the waste hierarchy – first try to prevent waste, then prepare it for reuse, recycle it, recover energy, and only as a last resort dispose of it. You can deviate from this order only if a life‑cycle assessment shows it gives a better overall environmental outcome, taking into account feasibility, cost, resource protection and health impacts.
Collect paper, metal, plastic and glass waste separately
Unlimited fineIf your business collects waste paper, metal, plastic or glass you must keep each material separate when you pick it up, unless you can show that mixing them gives the same recycling quality, is not environmentally better, is technically impossible, or would be disproportionately costly. You need to decide this for each waste stream and be able to justify any exemption.
Keep separately collected waste separate
If your business collects, transports or receives waste that has been separately collected from a house or caravan in Wales, you must not mix it with other waste that has different properties. You only may mix streams if one of the four listed exceptions applies, such as when mixing does not reduce quality or would be technically impossible.
Offences and prohibitions 2
Corporate or partnership liability for waste offence
Unlimited fineIf your company, partnership or unincorporated association commits a waste‑related offence under regulation 42(1) and a director, manager, partner or officer either consented to, helped‑out with, or was negligent about the breach, both the organisation and that individual are guilty of the offence. Conviction carries the same penalties as the underlying waste offence (fine – potentially unlimited – and/or imprisonment).
Fail to comply with regulation 25 or statutory notices
Unlimited fineIf your business does not follow regulation 25, or you ignore a compliance, stop or restoration notice issued under the Waste Regulations, you commit a criminal offence. Breaches of regulation 25 attract an unlimited fine on summary conviction. Breaches of regulations 12(1), 13(2) or 14(1) can be tried either in the Magistrates' Court or Crown Court and carry an unlimited fine (no imprisonment).
Registration and licensing 2
Register as a broker or dealer of controlled waste
If your business buys, sells or arranges the movement of controlled waste, you must be registered with the designated authority before you start. You cannot act as a waste broker or dealer without this registration.
Register as a carrier, broker or dealer of controlled waste
If your business transports, brokers or deals in controlled waste you must apply for a registration with the Environment Agency (England) or Natural Resources Wales (Wales). You need to complete the prescribed form, provide all required information, pay any fee and wait for a certificate before you can operate.
Reporting and filing 1
Notify changes to your waste carrier/broker/dealer details
If you are a registered waste carrier, broker or dealer, you must tell the relevant authority within 28 days whenever any detail on the waste register that relates to you changes (for example address, contact or ownership). Failing to update the register can lead to your removal from it.
Penalties for non-compliance
3 penalties under this legislation. 3 carry an unlimited fine.
Collect paper, metal, plastic and glass waste separately
Unlimited fine
Corporate or partnership liability for waste offence
Unlimited fine
Fail to comply with regulation 25 or statutory notices
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Sector-Specific 3
Food waste management
Comply with food waste segregation and disposal duties.
Registering as a waste carrier
How to register as a waste carrier, broker or dealer. Covers upper tier and lower tier registration, fees, …
Commercial waste management for hospitality businesses
How to manage commercial waste from hospitality premises including duty of care obligations, using registered waste carriers, cooking …
Premises & Operations 2
Meet your business waste duty of care
Understand your legal responsibilities when producing, storing, or disposing of business waste. Covers using registered waste carriers, completing …
Dispose of hazardous waste
How to classify, store, and dispose of hazardous waste from your business premises in compliance with the Hazardous …
Environment & Sustainability 2
Sections and provisions
56 classified provisions from this legislation.
Duties 21
- Schedule 1 Waste prevention programmes and waste management plans exceptions
- s.4 Establishment of waste prevention programmes
- s.6 Monitoring and evaluation of waste prevention programmes
- s.7 Requirement for waste management plans The appropriate authority
- s.8 Content of waste management plans The appropriate authority
- s.9 Directions to the Environment Agency The appropriate body
- s.12 Duty in relation to the waste hierarchy
- s.13 Duties in relation to collection of waste
- s.14 Duty in relation to collected waste transports or receives waste
- s.18 Exercise of planning functions
- s.19 Inspections The planning authority
- s.22 Exercise of offshore licensing functions
- s.23 Inspections The appropriate authority
- s.25 Registration of brokers and dealers in controlled waste
- s.28 The register
- s.29 Procedure for registration The appropriate body
- s.30 Updating the register
- s.34 Inspections The appropriate body
- s.45 Proceedings for contravention of section 1 of the Control of Pollution (Amendment) Act 1989
- s.46 Registration: reduction of administrative burden
- ... and 1 more duties
Offences and penalties 2
Definitions 11
- s.16 General interpretation
- s.17 Meaning of planning functions
- s.20 Further duties in relation to planning permission
- s.21 Interpretation
- s.24 Interpretation
- s.36 Interpretation
- s.38 Compliance notices
- s.39 Stop notices
- s.40 Restoration notices
- Interpretation: Wales Interpretation: Wales
- Specified requirements under section 5 of the Cont Specified requirements under section 5 of the Control of Pollution (Amendment) Act 1989
Exemptions 8
- s.2 Application
- Schedule 3 Amendments to the Environmental Permitting (England and Wales) Regulations 2010
- s.10 Review and modification of programmes and plans
- s.11 Public participation in programmes and plans
- s.26 Exemptions in relation to carriers
- s.27 Transitional exemptions
- s.35 Waste information
- s.47 Radioactive waste