The second consultation follows up last year’s consultation which outlined current problems and considered potential solutions to three fundamental waste controls:
- the registration of waste carriers
- the waste duty of care
- the registration and control of waste brokers
EEF’s response to the first stage consultation can be found here.
This consultation asks for comments and views on the more detailed policy proposals, on the draft regulations and the costs and benefits highlighted in the Impact Assessment which can be found on the DEFRA web site.
Key proposals include:
- Simplifying the current system for registration of waste carriers and brokers and make it more risk based by introducing two simple tiers of registration:
- Lower tier registration for lower risk waste carriers, including waste producers that normally and regularly carry their own waste, charities and the voluntary sector and those carrying agricultural waste. Registration would be a simple one-off application, no compliance checking but a one-off £30 charge.
- Second tier registration covers those that carry other’s waste as a normal and regular part of their business, waste brokers and dealers and those carrying construction and demolition waste. Registration would include a one-off completion of an application form with annual charges. Unlike for lower tier applications, there would also be an assessment of the application and compliance checking. New application for upper tier carriers and brokers would cost £60 for 1 year; annual renewals will cost £45
- Greater powers to the Environment Agency to identify, stop and search vehicles suspected of illegal waste activities and revoke licenses.
- Introduction of new offences, such as for providing false or misleading information as part of the application process, and fixed penalty notices
- Raising the maximum level of fine for duty of care and registration offences heard in Magistrate Court from £5,000 to £10,000
- Developing a national and/or regional awareness raising campaign on the regulations and publishing updated, simple guidance on the duty of car
- Introducing a new national database, available via the internet, allowing applications to be made on-line
- Requiring waste producers or subsequent holders and carriers to include basic characterisation and pre-treatment information on waste transfer notes.
All proposals can be found here or by clicking on the link to the DEFRA consultation pages on the right.
What are the key issues?
According to the consultation document everybody who ‘normally and regularly’ transports waste in the course of their business (i.e. their waste) or with a view to profit (other’s waste) would need to register. It is not yet clear which businesses would be caught as ‘normally and regularly’ have yet to be defined. EEF is concerned that rather than simplifying the current system to make it easier to comply with, this could actually increase the burden on some businesses and go against the objective of facilitating greater reuse and recycling of waste materials.
Most of the lower tier waste carriers are currently exempt from registration under the existing carriers system or pay no charge so the £30 one-of- charge would be a new cost. Compared to the current system, where charges are levied in 3 yearly intervals, charges for upper tier applicant would rise from £149 to £180 for new applicants and from £99 to £135 for renewals under the new system
A tightening up of the enforcement regime, if targeted at the right people, namely those that intentionally break the law, should be welcomed as this should increase waste producers’ confidence that the person dealing with their waste acting according to the law and in accordance with their duty of care. Awareness of the regulations is crucial and is therefore important that government provides adequate funding and support, working in partnership with industry for this to be achieved.
Next Steps
EEF would welcome member’s comments and views on these or any other aspects of the consultation document in order to prepare an EEF wide submission to DEFRA.
The closing date for responses to this consultation is Monday 8 September 2008. EEF would therefore welcome member’s contributions on the proposed changes by 15 August. For further information, please contact Vanessa Fandrich.