Consultation outcome

Reducing crime at sites handling waste, and introducing fixed penalties for waste duty of care

• From: Department for Environment, Food & Rural Affairs and Welsh Government
• Published: 15 January 2018
• Last updated: 6 October 2023 — See all updates

This consultation has concluded

Download the full outcome

Government response

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Summary of responses

PDF, 3.72 MB, 129 pages

Supplementary government response

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Annexes

PDF, 556 KB, 45 pages

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Supplementary government response (Welsh)

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Annexes (Welsh)

PDF, 640 KB, 49 pages

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Detail of outcome

We received 275 responses to this consultation. We’ve set out our next steps in the government response. We also sought views on a revised waste duty of care code of practice and guidance for local authorities on using fixed penalty notice powers. This government response covers both consultations.

The supplementary government response and annex sets out reforms to the waste exemptions regime in England and Wales.

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Original consultation

Summary

Seeking views on measures to reduce waste crime and poor performance at waste sites and introducing a fixed penalty to discourage household waste being fly-tipped.

This consultation was held on another website.

This consultation ran from
15 January 2018 to 11:45pm on 26 March 2018

Consultation description

We want to know what you think about our proposals to reduce crime and poor performance in the waste sector. We are looking to do this by enforcing more appropriate competence standards for permitted waste site operators. We’re also proposing to make changes to waste exemptions to prevent them being used to hide illegal activity.

We are also asking your views on best ways to improve householder awareness of their waste duty of care. As part of this, we are proposing the introduction of a fixed penalty for householders failing to pass their waste to authorised waste carriers. This fixed penalty will provide local authorities with a more proportionate and less costly enforcement tool than prosecuting in court.

Published 15 January 2018
Last updated 6 October 2023 + show all updates

1. 6 October 2023

   In Annex 6’s ‘Table A – S1 exemption conditions’, clarified the exemption conditions about the total volume of waste stored at any one time. In Annex 6’s ‘Table B – S2 exemption permitted waste types’, corrected an omission. Included waste code 17 05 04 (soil and stones) in both the current and the new conditions of ‘Construction and demolition waste capable of being used in its existing state only’.

2. 13 February 2023

   Added Welsh translations of the supplementary government response and annexes.

3. 6 February 2023

   Added supplementary government response and annexes.

4. 6 February 2019

   Updated the government response as a decision on the penalty levels in Wales has been made. In Wales, the legislation will set the penalty amount at £300. It will also provide enforcement authorities with the discretion to offer a discounted early payment option of £150.

5. 26 November 2018

   Added the government response.

6. 3 July 2018

   Summary of responses added.

7. 15 January 2018

   First published.