Last updated: (February 2005)
Introduction
If a company moves its own waste between sites using its own vehicles, does it need to be registered as a waste carrier?
This Reference Note looks at the issues involved and explains how this is different from normal waste transfer using a third party.
Waste Registration Requirements
Movements of waste material between an organisation’s own sites, using its own vehicles, does not normally require registration as a waste carrier. This is because the waste has not left the organisation’s direct control and been transferred or consigned into the hands of another party.
Waste Transfers
When the waste is transferred or consigned to another party, however, that party does require a waste carrier’s licence. In this circumstance, it is essential that the waste carrier’s certification is checked. This normally requires sight of the original waste carrier’s certificate or a numbered copy of that certificate.
The waste carrier’s registration is a means of regulating organisations that carry waste as their main business. It is an offence to transport controlled waste in the course of business or for profit unless registered with the Environment Agency.
Consulting the Environment Agency
Where an organisation does have waste that it moves between its own sites, it is strongly recommended that it consults the Environment Agency and discusses the full circumstances of those waste movements. The Environment Agency will then be able to confirm, in writing, that registration as a waste carrier is not needed.
If, for some reason, an organisation does require a waste carrier’s registration and it has been moving waste without one, then it may expect to be prosecuted.
The Duty of Care Requirements
When a company has waste, it is under a Duty of Care to ensure that the waste is kept safely and is properly handled. See the Duty of Care, Reference Note 028.
Exemptions to Registration
In addition to the above circumstances, there are a number of other exemptions to registration, including:
- charities and other voluntary organisations
- waste regulation, disposal and collection authorities
- ferry operators, in respect of waste on a vehicle being carried on the ferry
- ship operators carrying waste for disposal at sea under licence
- persons authorised under the Animal By Products Order 1902 to hold or deal with animal waste (carriers whose sole business is carrying animal waste are not exempt).
Legislation
In circumstances where there is no requirement for a waste carrier to be registered, organisations still need to be aware of the legislation that surrounds this area. The following legislation relates to waste management and the carriage of waste.
- The Environmental Protection Act 1990 Part 2: Waste on Land
- The Controlled Waste (Registration of Waste Carriers and Seizure of Vehicles) Regulations 1991 SI No 1624
- The Environment Act 1995 The National Waste Strategy
- The Collection and Disposal of Waste Regulations 1988 SI No 819
- The Controlled Waste Regulations 1992 SI No 588
- The Environmental Protection (Duty of Care) Regulations 1991 SI No 2839
- The Control of Pollution (Special Waste) Regulations 1980 SI No 1709
- The Waste Management Licensing Regulations
The Future
There is a draft EC Directive on Civil Liability for Waste. In the event that waste does cause damage to the environment, people or property, then the waste producer will be held strictly liable until such time as it has been transferred to a licensed waste disposal facility. In addition, the waste holder or waste carrier may be held liable.