B3.8.2 England and Wales Continued…


The Waste (England and Wales) Regulations 2011 [SI No. 988]

The regulations implement the revised EU Waste Framework Directive 2008/98, which sets requirements for the collection, transport, recovery and disposal of waste. These regulations were expected to be implemented at the end of 2010, but were delayed. They came into force on the 29th March 2011.

The regulations:

  • Require businesses to confirm that they have applied the waste management hierarchy when transferring waste.

1.  Prevention.

2. Preparing for reuse.

3. Recycling.

4. Recovery (e.g. energy recovery)

5. Disposal.

  • A declaration stating that you have applied the waste management hierarchy must be included on their waste transfer note or consignment note.
  • The WTN must also include the 2007 Standard Industrial Classification (SIC) code of the person transferring the waste.
    • You should continue to use the 2003 SIC codes on hazardous waste consignment notes.
    • Introduce a two-tier system for waste carrier and broker registration, including a new concept of a waste dealer.
    • Make amendments to hazardous waste controls.
    • Exclude some categories of waste from waste controls.


If you have an environmental permit for an operation which generates waste, you will have to apply the waste management hierarchy. This will be a condition of new environmental permits, and will be added to existing permits when they are reviewed.

The regulations will affect businesses that:

  • Produce waste.
  • Import or export waste.
  • Carry or transport waste.
  • Keep or store waste.
  • Treat waste.
  • Dispose of waste.
  • Operate as waste brokers or dealers.


Registering as a waste carrier, broker or dealer

The regulations will introduce a two-tier system for waste carrier, broker and dealer registration.

Upper tier registration

If you want to carry, broker or deal in other people’s controlled waste you will need to register as an upper tier carrier or broker.

You will also need to register as an upper tier carrier if you carry your own construction or demolition waste.

Please Note that if you are currently registered with the Environment Agency as a waste carrier or broker, you do not need to do anything. When your waste carrier or broker certificate is due to be renewed, it will be replaced by an upper tier waste certificate.

Upper tier registration lasts for three years, which is the same as the current waste carrier or broker registration.

Lower tier registration

If you only carry, broker or deal in:

  • Animal by-products
  • Waste from mines and quarries
  • Waste from agricultural premises.

…you will need to register as a lower tier carrier.

Lower tier registration will also apply to waste collection, disposal or regulation authorities, charities and voluntary organisations that carry, broker or deal in other people’s controlled waste.

From the end of December 2013 you will also need to register as a lower tier carrier if you normally and regularly carry controlled waste produced by your own business (other than construction or demolition waste).

Registration as a lower tier carrier, broker or dealer is currently free and lasts indefinitely, unless your registration is revoked or withdrawn.

If you are currently registered as a professional collector or transporter of waste, you do not need to do anything, as you will automatically transfer to being a lower tier carrier, broker or dealer.


Classifying hazardous waste

The regulations introduce a new category, H13 Sensitizing, to the list of properties defining waste as hazardous. Sensitizing substances cause hypersensitization, i.e. the substance will cause adverse effects if you inhale it or it penetrates your skin and you are then further exposed to the substance.

The former category H13 now becomes H15. This adds ecotoxicity to the properties that can define a leachate as hazardous.

These changes mean that some non-hazardous wastes may be reclassified as hazardous wastes.



Some categories of waste are now excluded from waste controls.

The Environment Agency has issued a position statement on how they will regulate these wastes until the Waste Regulations 2011 come into force. This document contains a full list of the new exclusions: B3.8.2 WFD Excluded Wastes

When the new regulations are in force, waste controls will no longer apply to activities dealing only with excluded wastes.