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Environmental Permitting (Waste Controlling or Transporting) and Relevant Functions of Primary Authorities (Amendment) (England) Regulations 2026

Synopsis

Amendments by these regulations will require organisations and individuals acting as waste controllers, waste transporters or waste controller-transporters to obtain a permit. This will replace the carrier, broker and dealer licensing system in England.

Applicants for permits will be required to demonstrate their suitability and ability to meet permit conditions. A host of registrable exemptions will also apply.

Summary

The draft Environmental Permitting (Waste Controlling or Transporting) and Relevant Functions of Primary Authorities (Amendment) (England) Regulations 2026 will amend the Environmental Permitting (England and Wales) Regulations 2016, Control of Pollution (Amendment) Act 1989, Environmental Protection Act 1990, Environment Act 1995, Waste (England and Wales) Regulations 2011 and Regulatory Enforcement and Sanctions Act 2008 on a future date, which has yet to be confirmed.

This legislation will apply in England only.

What will change?

The draft regulations will replace the waste carrier, broker and dealer licensing regime. Once the final legislation is made, the majority of the regulations will not come into force for 12 months, supporting the transition to the new permitting rules.

From summer 2027, Waste controllers, waste transporters and waste controller-transporters will be required to obtain an environmental permit in England. A new Schedule (25D) will concern these new regulated activities.

Applicants for permits will be required to demonstrate their suitability. The Environment Agency may refuse applications where minimum standards are not met.

The permits will apply conditions on these activities, which may include minimum technical competency requirements on operators. Drivers of vehicles being used to transport waste must carry the respective permit number and unique driver number allocated to the driver by the operator.

Unlike other permits, waste controlling or transporting permits may not be transferred.

These permits will require renewal every three years to continue the authorised activity(ies).

When will a permit be required?

A permit will be required when waste controlling, transporting or controlling-transporting is to be undertaken, and:

Their registered office or principal place of business is in England;
Their registered office and principal place of business are outside England but they carry on the activity from any other place of business in England;
They import waste from outside the UK and the movement of waste ends in England; or
They export waste from within the UK and the movement of waste starts in England.

Exemptions

The following activities will require a registration, rather than an environmental permit. Registered exemptions will apply less stringent conditions.

Controlling or transporting activities where waste was produced within a multi-producer premises (e.g., a shared office block with multiple waste producing occupants), where a collective waste management agreement is in place and the following conditions are met:
- Waste is not from construction or demolition, does not contain polychlorinated biphenyls (PCBs) or asbestos;
- Producers are not undertaking business as a waste operation;
- The collective waste management agreement states waste management procedures for the premises and the person responsible; and
- Waste is transported to a location holding an S1 exemption (storing waste in secure containers), S2 exemption (storing waste at a secure site) or an applicable waste operation that does not require a permit under Section 33(1)(a) to the Environmental Protection Act 1990, in accordance with the conditions of these authorisations.
Occupiers of domestic property moving household waste they produced.
Dealing with waste at the place it was produced.
Undertaking waste controlling or transporting where required by law, except where undertaken as a commercial service.
Except where waste is produced by a business, waste controlling or transporting of non-hazardous waste as part of a voluntary scheme to a location subject to an S1 exemption, S2 exemption or an applicable waste operation that does not require a permit.
Controlling or transporting activities where returnable items are moved to a return point after using the contents at their business premises. This is intended to support deposit return schemes.
Controlling or transporting activities associated with unpaid litter collection.
Controlling or transporting activities where small waste samples up to 25 kg are sent for testing at an authorised facility.
Controlling or transporting activities where waste is collected under a take-back scheme at a domestic property at the same time a new item with the same type or function is delivered.
Vessels, aircraft, hovercraft, floating container or vehicle within the marine licensing regime.

Phase out of existing licences

Existing holders of carrier, broker and/or dealer licences in England will be required to apply for a waste controller, transporter or controller-transporter permit within timescales set.

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