MARCO MUIA BSc (Hons) MSc MCIWM, Managing Director at Oaktree Environmental Limited. Marco specialises in all aspects of waste planning, environmental regulation and training, including COTC/OCC assessment.


01606 558833 | marco@oaktree-environmental.co.uk ENVIRONMENTAL Carriers, brokers and dealers


I HAVE recently been asked to clarify several issues relating to carrier, broker and dealer registration in England and Wales. Space is limited to cover them all but here goes.


What is the relevant legislation?


• The Waste (England and Wales) Regulations 2011.


• The Control of Pollution (amendment) Act 1989 is still in force but is signifi cantly reduced.


• More organisations need to be registered under the newer regime.


What are the defi nitions of carriers, brokers and dealers?


• Carriers transport waste.


• Brokers arrange for waste from other businesses to be transported, disposed of or recovered.


• Dealers buy or sell waste and need to register even if they use an agent.


It is therefore prudent to register as all three as the fee is the same.


What are the main requirements of registration?


• No person (including individuals, partnerships or companies) may act as


a carrier, broker or dealer in controlled waste (household, commercial or industrial) unless registered with the appropriate body (the Environment Agency in England and Natural Resources Wales).


• Applications must be made to the appropriate body in writing (form) and accompanied by a fee.


• Applications cost £154 for new upper tier registrations and £105 for renewals, each of which lasts three years. Lower tier registrations do not need renewing.


• The appropriate body must maintain a register of carriers, brokers and dealers and carry out periodic inspections and issue certifi cates of registration.


• Persons holding a registration must notify changes in address, directors, off ences, etc within 28 days. Changes include changes to activities such as a carrier also becoming a broker.


• The list of relevant off ences is extensive so the best advice (if convicted of an off ence) would be to speak with your regulator to determine whether it should be declared as part of the application or during registration. Failure to disclose a relevant conviction could lead to a registration being revoked. Most relevant off ences relate to waste, scrap metal or environmental related prosecutions.


When is a person lower tier?


• When they only carry waste they produced in the course of carrying out their business unless it is construction or demolition waste.


• When they are only involved with animal by-products, waste from mines and quarries and agricultural premises.


• When they are a charity or voluntary organisation.


• When they are a waste collection, disposal or regulation authority.


Note construction and demolition wastes include waste from improvement, repair and alteration. This can confuse as carpet fi tters taking off cuts away are lower tier, for example.


If you are unsure whether your activities are upper or lower tier or whether you have to register, then contact the appropriate authority. Householders carrying their own waste are exempt.


When can a registration be revoked?


• When the registered person or another relevant person has been convicted of a relevant off ence.


• When, in the opinion of the appropriate body, it is undesirable for the carrier, broker or dealer to continue to be registered (this could happen even if no convictions are held).


What are my appeal rights against refusal of an application or revocation?


• An appeal must be made to the Secretary of State or Welsh Ministers within 28 days of a refusal or revocation or the decision stands.


• If an appeal is submitted against revocation the registration continues until the appeal is withdrawn or refused.


The above may be brief, but keep the questions coming and I’ll answer them in the coming months.


44 SHWM March, 2019


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64