Synopsis
These regulations will implement the first phase of the mandatory digital waste tracking system in Wales from 1 October 2026. In this phase, facilities in Wales that are permitted to receive waste will need to register with the digital waste tracking system and enter specified information on waste received into the system.
The forthcoming second phase, expected in 2027, will apply to producers, carriers and brokers of waste.
Summary
The Digital Waste Tracking (Wales) Regulations 2026 come into force on 1 October 2026.
This legislation will apply in Wales only.
What will change?
These draft regulations are intended to facilitate the implementation of the mandatory digital waste tracking system in Wales.
The mandatory digital waste tracking system under the Environment Act 2021 is being introduced in two phases. The Digital Waste Tracking (Wales) Regulations 2026 concern the implementation of the first phase in Wales. 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 Welsh Ministers are required to establish a digital waste tracking system.
Upon receipt of controlled waste, operators of permitted facilities are required to:
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:
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, Natural Resources Wales 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:
Written records must be retained by digitally excluded operators for at least three years.
Enforcement and offences
Natural Resources Wales is required to monitor compliance with these regulations.
Offences are defined for breaches of these regulations. Civil sanctions including fixed monetary penalties of £1,000, variable monetary penalties and compliance notices may be used for enforcement.
Background
The Environment Act 2021 enables 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:
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