Introduction
The Environmental Permitting (Waste Controlling or Transporting) and Relevant Functions of Primary Authorities (Amendment) (England) Regulations 2026 replace the existing waste carrier, broker and dealer (CBD) registration regime in England with a new environmental permitting framework under The Environmental Permitting (England and Wales) Regulations 2016 (EPR). Under the new rules, those conducting waste controlling and transporting activities will require either an environmental permit or a registered exemption.
What is changing?
Under the new regime, waste carrier, broker and dealer activities are being replaced by 3 new regulated activities:
- Waste controlling activityWaste controlling activityA waste controlling activity includes: buying or selling waste; arranging the collection, transport, recovery or disposal of waste; arranging the destination of waste; arranging temporary storage before recovery or disposal; and arranging waste classification and assessment. N.B. An activity can be a waste controlling activity even where the operator never takes physical possession of the waste. .
- Waste transporting activityWaste transporting activityA waste transporting activity means moving waste between locations. Under the new permitting regime, operators (those conducting regulated activities) will need either: an environmental permit; or a registered exemption. .
- Waste controlling-transporting activity.
Exclusions
Some activities are excluded from the new regime, including:
- Householders dealing with their own household waste.
- On-site waste management at the place of production.
- Activities carried out under a statutory duty (unless provided commercially).
- Specific voluntary collection schemes.
- Litter collection that is not a paid service.
- Specific waste controlling or transporting activities within multi-occupancy sites under a collective waste management agreement, subject to conditions.
- Taking waste samples of up to 25kg for testing.
- Retailers take-back scheme activities where a waste item is collected from a domestic property and a new item is delivered at the same time.
- Specified marine activities involving waste.
The full list of excluded activities and associated conditions can be found in Paragraph 6 of new Schedule 25D.
Permits
Anyone carrying on a waste controlling, waste transporting or waste controlling-transporting activity in England must hold an environmental permit unless they qualify for a registered exemption.
Enhanced checks
Applicants should expect significantly greater scrutiny than under the current registration system, including:
- assessments of technical competence; and
- criminal history checks.
Permit structure and restrictions
Unlike site-based waste permits, waste controlling and transporting activities will be regulated through a standalone permit structure. An operator may hold only 1 permit for waste controlling or transporting activities. Multiple permits for different waste controlling or transporting activities are not allowed. Permits are valid for 3 years.
Operator obligations
Permit holders will be required to:
- take measures to apply the waste hierarchy, when undertaking waste controlling activities;
- ensure activities are carried out without endangering human health and without harming the environment;
- comply with record-keeping requirements;
- ensure drivers transporting waste carry the relevant permit number and a unique driver identification number; and
- comply with any permit conditions.
Exempt activities
Not all operators will require a permit. The lower-risk activities listed in the new Part 6 of Schedule 3 may be carried on as exempt waste controlling or transporting activities, subject to conditions.
The exemptions mainly relate to:
- waste produced in the course of the operator’s own business;
- activities carried out by registered charities;
- extractive waste;
- animal by-products;
- Deposit Return Scheme (DRS) activities involving returnable containers;
- illegally deposited (fly-tipped) waste; and
- sludge and septic tank sludge used in agriculture.
Conditions for operating under an exemption
Carrying out an exempt activity does not automatically enable an operator to operate under an exemption. They must also meet the conditions in the new Paragraph 4A of Schedule 2.
The key conditions require the operator to:
- carry out an exempt activity and comply with its specific conditions;
- register both the activity and the operator with the Environment Agency;
- operate in a way that protects human health and the environment;
- take measures to apply the waste hierarchy where the activity involves controlling waste;
- only handle waste that is not imported into or exported from the UK;
- ensure the activity is carried out by the operator or its employees;
- ensure drivers carry the exemption registration number and a unique driver identification number;
- avoid certain waste streams, including construction and demolition waste, asbestos-containing waste and PCB-containing waste, unless a specific exemption allows otherwise;
- include the exemption registration number in advertising relating to the activity; and
- carry out the activity in England.
When do the changes take effect for different operators?
The new permitting regime comes into effect on 22nd July 2027. Those not previously covered by the CBD registration but falling under the new regime must hold a permit or registered exemption by that date.
Those holding a CBD registration on the day before the new regime comes into effect must get a permit or registered exemption:
- if registered as lower tier, by 22nd July 2028; or
- if registered as upper tier – whenever their registration expires.
What should businesses do now?
Organisations that transport, buy, sell, arrange or manage waste should start reviewing their activities now. The new regime goes far beyond a simple rebranding of the CBD system and introduces a more formal regulatory framework centred on operator competence, accountability and environmental performance. Businesses should assess whether they are likely to require a permit, qualify for an exemption, or potentially be brought into regulation for the first time.
