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Digital Waste Tracking (England) Regulations 2026

Synopsis

These regulations will apply the first phase of the mandatory digital waste tracking system in England from 1 October 2026.

In the first phase, facilities in England that are permitted to receive waste must register with the digital waste tracking system and enter specified information on waste received into the system. The second phase, expected in 2027, will apply to producers, carriers and brokers of waste.

Summary

The Digital Waste Tracking (England) Regulations 2026 come into force on 1 October 2026.

This legislation will apply in England only. Similar implementing legislation has previously been made in Scotland and Wales.

What will change?

These draft regulations will implement the mandatory digital waste tracking system in England.

The mandatory digital waste tracking system under the Environment Act 2021 is being introduced in two phases. The Digital Waste Tracking (England) Regulations 2026 concern the implementation of the first phase in England. The first phase will apply to all waste received at permitted facilities where a waste activity is carried out (‘operators of permitted facilities’).

Digital waste tracking system

The Secretary of State is required to establish a digital waste tracking system.

Upon receipt of controlled waste, operators of permitted facilities are required to:

record the specified information (stated in Schedule 1) as a digital waste record within two days; and
confirm the record has been entered into the digital waste tracking system. This is confirmed by receiving the unique digital waste record number.

Operators are required to correct any errors in digital waste records as soon as reasonably practicable and within a month maximum.

Specified information for waste records

Part 2 to Schedule 1 lists ‘specified information’ to be recorded in digital waste records:

Operator details: Name, email address and telephone number (if available) and permit number.
Permitted facility: Address and the time and date the waste was received. Where the permitted facility is a mobile plant, the deployment reference number must be recorded.
Waste transporter: Name, address, email address and telephone number (if available), carrier registration number/transport authorisation number. If no carrier registration number/transport authorisation number is in place, the reason why must be given.
Hazardous waste: Consignment note codes must be recorded for hazardous waste, or a reason must be given when there was no note.
Broker/dealer: Name, address, email address and telephone number and broker/dealer registration or the broker/dealer authorisation number.
Mode of transport: Mode of transport used for the waste. Vehicle registration numbers must be recorded where transport was by road.
Description of the waste: For each stream: the waste codes, physical form (e.g., gas, liquid, solid, etc.), weight declared and received, the Recovery (R) or Disposal (D) code for each stream and type and number of containers used for each stream. Loads, including those received by pipeline, are to be recorded as stated in Regulation 4(8).
Hazardous properties (as applicable): For hazardous streams, the Hazard Property (HP) code, Persistent Organic Pollutant (POP) status or chemical or biological components and concentration values must be stated. Additionally, for POPs, the name of the substance and concentration must be declared, unless a reason is given why not.
Handling (as applicable): Any special handling requirements for the waste.

Fees

Operators must pay the system fee (£26) the first time they are obligated and every year subsequently.

System outages

Where the system is inaccessible due to an outage, the Environment Agency must be notified (unless the operator has received an outage notification) and a written record of the specified information must be made.

Written records must be entered into the system within seven days after it is restored.

Digitally excluded persons

Digitally excluded operators are exempt from digital waste tracking system obligations and must instead:

Apply for and receive a ‘digitally excluded operator number’ (The Environment Agency will establish a list of these operators);
Make written records of specified information stated in Schedule 1 within two working days after receipt of the waste; and
Including the digitally excluded number in the above records.

Written records must be retained by digitally excluded operators for at least three years.

Enforcement and offences

The Environment Agency is required to monitor compliance with these regulations.

Offences are defined for breaches of these regulations. Enforcement may be undertaken via civil sanctions, including fixed monetary penalties of £1,000, variable monetary penalties and compliance notices.

Background

The Environment Act 2021 enabled the introduction of a mandatory digital waste tracking system. Current, announced timescales for the introduction of this system across the UK are set out below:

Phase one:
- Scotland: Waste receivers will be required to use the system from 1 January 2027.
- England, Wales and Northern Ireland: Waste receivers are required to use the system from 1 October 2026.

Phase two: Waste producers, carriers, brokers and dealers will be required to use the digital waste tracking system. This phase is expected to apply from April 2027 at the earliest. In the second phase, the system will replace requirements for waste transfer notes and consignment notes.

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