Consultation on proposals to tackle crime and poor performance in the waste sector & introduce a new fixed penalty for the waste duty of care

Closed 26 Mar 2018

Opened 15 Jan 2018

Feedback updated 4 Dec 2018

We asked

We asked for your views on on improving operator competence at permitted waste sites and introducing financial provision, reforming the waste exemptions regime, and introducing a fixed penalty notice for breaches of the household waste duty of care.

You said

275 responses were received. The majority of these responses were from local authorities and businesses. Further detail can be found in the summary of responses.

We did

Legislation laid in parliament takes the first step of putting these proposals into practice including a new requirement for all waste facilities to have a written management plan, requirements to demonstrate adherence to a technical competence scheme and new fixed penalties introduced for the household waste duty of care. We remain committed to reform the exemptions regime to prevent their use for hiding illegal activity and will publish a supplementary government response setting out the proposed changes, ahead of introducing legislation to implement them.

Results updated 4 Dec 2018

The Summary of Responses and Government response have now been published.




In the last few years, we have taken a number of measures to address waste crime and poor performance, for example, by giving regulators, Environment Agency in England and Natural Resources Wales, new powers to tackle waste crime on the ground or giving local authorities the power to issue fixed penalty notices for small scale fly-tipping.  

In 2015, a call for evidence asked for views on a number of measures to tackle waste crime and poor performance at waste sites. We have since worked with the regulators and stakeholders to develop proposals to introduce these measures as well as others and we are now seeking your views on these proposals through this consultation process.

The 2017 consultation is divided into three sections:

  • Part A focuses on raising the standard of operator competence across all permitted waste sites by strengthening the regulators’ assessment and enforcement abilities;
  • Part B is about reforming the waste exemptions regime within the waste permitting system;
  • Part C covers the introduction of a new Fixed Penalty Notice for household Duty of Care offences for fly-tipping.

The consultation proposals apply to England and Wales.



  • Industries and professional services
  • Environmental professional services
  • Households
  • Local Authorities
  • Waste Producers and Handlers
  • Local Authorities
  • Waste Management Companies


  • Waste and recycling