Duty of Care: What Every UK Waste Carrier Must Know in 2026

If you carry waste for a living in England or Wales, the law places specific obligations on you that go beyond simply having a vehicle and a willing customer. The duty of care, established under Section 34 of the Environmental Protection Act 1990, is a legal framework that requires everyone in the waste chain to handle waste responsibly. For carriers, this means being registered, documenting every transfer, knowing what you're carrying, and ensuring it ends up at a properly licensed facility. It sounds straightforward, but the details matter — and getting them wrong can cost you your licence.

What is the duty of care?

The duty of care is a legal obligation that applies to anyone who produces, imports, carries, keeps, treats, or disposes of controlled waste. Its purpose is to prevent waste from being handled irresponsibly — dumped illegally, mixed dangerously, or passed to unregistered operators. The duty applies from the moment waste is produced until it reaches its final destination.

Under the duty of care, you must take all reasonable steps to prevent the unauthorised or harmful deposit, treatment, or disposal of waste. You must ensure waste is only transferred to an authorised person — someone with the appropriate licence, permit, or registration. You must provide an accurate written description of the waste when it's transferred (this is the waste transfer note). And you must keep waste secure and contained to prevent it escaping.

What does duty of care mean for waste carriers?

For carriers specifically, the duty of care translates into several practical requirements. You must be registered as a waste carrier with the Environment Agency (or Natural Resources Wales). You must complete a waste transfer note for every collection, confirming the waste type, EWC code, quantity, and both parties' details. You must only deliver waste to facilities with the appropriate environmental permit or exemption. You must ensure waste is transported safely and securely — covered loads, sealed containers, no spillages. And you must keep records of all transfers for at least two years.

The key principle is traceability. If the Environment Agency asks where a particular load of waste came from and where it went, you need to be able to answer that question with documentation.

Waste carrier registration — the basics

To legally carry waste in England, you must be registered with the Environment Agency. There are two tiers. Lower tier registration is free and covers businesses that carry their own waste, or certain types of non-commercial waste transport. It doesn't expire. Upper tier registration costs £154 and is required for anyone who carries waste produced by someone else as a regular part of their business. This covers skip hire, trade waste collection, clearance companies, and any commercial waste carrier. Upper tier registration lasts three years and must be renewed.

Operating without registration is a criminal offence. If you're caught carrying waste commercially without upper tier registration, you can be prosecuted and your vehicle can be seized.

The duty of care code of practice

The government publishes a Waste Duty of Care Code of Practice that provides detailed guidance on meeting your obligations. The current version was updated in 2018 and remains the reference document the Environment Agency uses when assessing compliance.

The code covers how to describe waste accurately (including EWC codes), how to check that the person you're transferring waste to is authorised, what constitutes adequate containment during transport, record-keeping requirements, and what to do if you suspect waste has been described incorrectly. It's not light reading, but carriers should be familiar with it — or at least with the sections relevant to their operations.

Common duty of care mistakes

The most common compliance failures the Environment Agency encounters are incomplete waste transfer notes — missing EWC codes, missing carrier registration numbers, or unsigned. Many carriers fail to verify the customer's waste description, simply accepting whatever they're told without checking. Some deliver waste to facilities without confirming the site's environmental permit covers that waste type. Poor record keeping is widespread — notes stuffed in a glovebox, not filed, and lost within weeks. And some carriers operate with expired registration, either through oversight or because they didn't realise renewal was required.

Any of these can result in enforcement action, even if the waste itself was handled safely.

What enforcement looks like

The Environment Agency has a range of enforcement tools. For minor or first-time breaches, they may issue an advisory letter or a warning. For more significant issues, they can issue fixed penalty notices — typically £300 for a duty of care breach. For serious or repeated offences, they can prosecute. On conviction, fines are unlimited, and individuals can face imprisonment for the most serious offences. The Agency can also revoke or refuse to renew your waste carrier registration, effectively shutting your business down.

Since 2023, the Environment Agency has also been able to issue civil sanctions — financial penalties imposed without going through the courts. This makes enforcement faster and means more cases get actioned.

Practical steps to stay compliant

Staying on the right side of duty of care comes down to consistent habits. Complete a waste transfer note for every single collection, no exceptions. Check your carrier registration expiry date and set a reminder to renew three months early. Verify that the sites you deliver to have valid environmental permits — you can check the Environment Agency's public register online. Describe waste accurately using the correct EWC codes — if you're not sure, ask or look it up. Keep all WTN records organised and accessible for at least two years. Train any drivers or staff who handle waste on their responsibilities.

Building these steps into your daily routine takes the stress out of compliance and means you're always audit-ready.