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We have now closed our form for those wishing to feed back into our response to the Environment Agency.

Following Defra's consultation on the reform of the waste carrier, broker, dealer registration system in England, the Environment Agency wants your feedback to help shape the future of waste management regulations.

We are seeking feedback from members on several key questions posed by the Environment Agency.

Your insights on these topics will help shape the future of waste management regulations, especially concerning the handling of specific waste types on farms.

Members are able to feedback using our online form until 25 September.

The EA (Environment Agency) has published a of the 426 responses it received for this consultation.

Although the NFU did not have a strong opinion on the change of terminology, only that it might give rise to confusion, the EA will simplify the current terminology around waste carriers, brokers and dealers to ‘waste controllers’ and ‘waste transporters’ and assign legal responsibility to these new terms:

• Transporters: those who are instructed by a controller to move waste between locations without input on the end destination and classification (for example, hauliers, contractors, delivery drivers).
• Controllers: those who organise waste collection, or its classification, transportation, end destination (for example, brokers, dealers, consultants, waste sites), or arrange the recovery or disposal of waste on behalf of others, and those who buy or sell waste. For avoidance of doubt, this includes those who do not take physical possession of the waste when performing those activities.
• Controller-transporters: those who organise waste collection, or its classification, transportation, end destination or arrange the recovery or disposal of waste on behalf of others, those who buy or sell waste and also collect and transport it (for example, waste sites with their own transporter, skip companies, waste collection companies).

The EA says this will effectively link responsibility for the waste to those taking decisions on the fate of that waste.

»Ê¼Ò»ªÈËhas secured various ‘wins’ in the following areas of the consultation:

Agricultural waste

»Ê¼Ò»ªÈËstrongly argued that farmers transporting their own agricultural waste should be able to operate under a registered exemption and not have to register for a permit. It is our view that the option to transport agricultural waste as part of the business’s activity should remain as a free to use option without adding more regulatory and costly burden to small businesses.

The EA has agreed with this and said that ‘Farmers transporting their own agricultural waste will only be required to operate under a registered exemption’. However, the EA has decided that companies transporting agricultural waste, or those that offer a take-back service for empty containers and unused product will be required to apply for a permit.

Advertising

»Ê¼Ò»ªÈËwelcomes the EA’s decision to require the permit number to be shown when advertising waste services (in printed media, digital media and social media), because this will help those such as the EA, householders and other legitimate producers of waste to check the permit status of a businesses.

It also provides transparency and much needed confidence to those seeking to use waste services especially when we see so much household waste being fly-tipping by third party rouge operators who undermine legitimate waste businesses.

Animal by-products

In our response, we NFU advised the EA that transport of ABPs (animal by-products) is already covered by the ABP regulations; requirements which are designed to ensure ABPs are suitably and safely handled to the satisfaction of Defra and the APHA (Animal Plant and Health Agency).

The EA has concluded that there is therefore no additional benefit from requiring this activity to be permitted and instead it will require a registered exemption.

Transition period for the introduction of competence requirements

The EA’s introduction of mandatory competence is a significant change for the industry, and both operators and training providers will need adequate time to prepare. The EA has announced a 12-month transition period. »Ê¼Ò»ªÈËsupported the option of a 12-month period over the three month, or six month period the EA also proposed in the consultation.

Raising awareness of the Duty of Care

»Ê¼Ò»ªÈËcalled for changes to be accompanied by an awareness campaign that highlights to householders and businesses the responsibilities and the consequences of the new regime. In particular, the householder duty of care to aid the prevention of fly-tipped waste.

In its response, the EA said that the Duty of Care legislation and Code of Practice will be amended in due course to reflect the changes around these reforms and the introduction of a digital waste tracking service.

It will also consider the need for a wider awareness campaign aimed at the general public, to make it easier for them to meet their duty of care requirements. This will cover things such as making sure they check whether a business is permitted if required and that they know where contractors are taking their waste.

»Ê¼Ò»ªÈËhas also asked for a publicly accessible database for users to check the permit status of a waste business more easily. The EA did not acknowledge this ask in its consultation response, but it will also make it a permit condition for permit numbers to be readily accessible to the regulator or local authority upon the inspection of a vehicle.

This consultation has now closed.

We have submitted our response to Defra's consultation on waste registration.

Our interest in the consultation is as follows:

• Agricultural businesses generate waste and can be involved with the handling and transportation of their own waste.
• Agriculture is a sector which values the use of waste exemptions within the industry.
• Fly-tipping is an issue that continues to significantly blight the countryside and agricultural businesses.
• We believe that the negative impacts associated with fly-tipping affect members of the farming community disproportionately. When waste is illegally tipped on privately owned land it is farmers and land managers who frequently have to face the consequences, with impacts on their businesses both in terms of time and money. There are also risks to their personal safety as well as biosecurity risks to livestock and crops as a result of having to dispose of waste, illegally dumped on their land from an unknown source.

The government’s intends to increase the competence and background checks required to move or trade waste and make it easier for regulators to take action against non-compliant operators.

A permit-based system

In this consultation, we expressed views on the move from a registration to a permit-based system.

The reform will mean those transporting or making decisions about waste must demonstrate they are competent to make those decisions.ÌýÌý

While we agree with certain proposals, we have expressed concern around how effective other changes may be.

Why it mattersÌý Ìý Ìý

Agricultural businesses generate waste and can be involved with the handling and transportation of their own waste. The sector values the use of waste exemptions within the industry.

Fly-tipping is an issue that continues to significantly blight the countryside and agricultural businesses. We believe that the negative impacts associated with fly-tipping affect members of the farming community disproportionately.

Reducing opportunities for waste crime

We are positive that together, the measures we have suggested to Defra will ensure that waste is dealt with appropriately and will reduce opportunities for waste crime, in particularly fly-tipping which we estimated to affect 48% of NFU members in 2020.

Farmers facing fly-tipping

When waste is illegally tipped on privately owned land it is farmers and land managers who frequently have to face the consequences, with impacts on their businesses both in terms of time and money.Ìý

There are also risks to their personal safety as well as biosecurity risks to livestock and crops as a result of having to dispose of waste, illegally dumped on their land from an unknown source.

NFU members can read our response in full at: NFU responds to Defra consultation on waste registration.

Defra launched two new consultations that outline the next steps to tackle waste crime and support people and businesses to manage waste correctly, one of which was the .

The government’s reform of the carrier, broker, dealer regime for England intends to increase the competence and background checks required to move or trade waste and make it easier for regulators to take action against non-compliant operators.

The consultation sought views on:

• the move from a registration to a permit-based system and the types of permits available
• what activities should be covered by permits, what should be covered by registered exemptions and what activities should not require either a permit or registered exemption
• the introduction of a technical competence element required for permits – the level required and how it can be demonstrated through the workforce.

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