Environmental guidance for your business in Northern Ireland & Scotland

Waste carriers, brokers and dealers

Waste carriers transport commercial, industrial and household waste, known as controlled waste, as part of their business. Waste brokers arrange for other businesses' controlled waste to be handled, transported, disposed of or recovered. Waste dealers use an agent to buy waste from other businesses to sell on.

This guide will help you work out if you are a waste carrier, broker or dealer. It will tell you if you need to register with your environmental regulator, or if you qualify for an exemption from registering. This includes dealers who do not take physical possession of the waste.

In Northern Ireland, from 8 April 2011 new regulations introduced a two-tier registration system for waste carriers. Waste dealers must now also register with the Northern Ireland Environment Agency (NIEA). If you do not register and you carry, broker or deal in waste, the NIEA could take legal action against you. This guide will help you work out if you are an upper or lower tier waste carrier. It will tell you if you need to register with the NIEA, or if you qualify for an exemption from registering.

Additional resources

  

If you want to transport other people's controlled waste, or your own construction and demolition waste, you must register with the Northern Ireland Environment Agency (NIEA) or the Scottish Environment Protection Agency (SEPA) as a waste carrier. Controlled waste includes commercial, industrial and household waste, as well as hazardous waste. Most radioactive wastes and explosive wastes are controlled by other regulations.

Radioactive substances and waste

All businesses can register as waste carriers including self-employed individuals, partnerships, companies or other types of organisation. You need to register even if carrying waste is not your main business activity or if you only carry waste occasionally.

If you do not register and you carry waste, you could be prosecuted.

Northern Ireland

In Northern Ireland, from 8 April 2011, new regulations introduced a two-tier registration system for waste carriers.

Upper tier waste carriers

If you transport other people's controlled waste, or your own construction or demolition waste, you must register as an upper tier waste carrier unless you fall into one of the categories for lower tier waste carriers.

If you had a waste carrier certificate before 8 April 2011, you don't need to do anything. When your certificate is due to be renewed it will be replaced with an upper tier certificate.

Lower tier waste carriers

You must register as a lower tier carrier if you only carry:

  • animal by-products
  • waste from mines and quarries
  • waste from agricultural premises.

You will also need to register as a lower tier carrier if you carry waste, and are:

  • a waste collection, disposal or regulation authority
  • a charity or voluntary organisation.

Lower tier carriers are also known as 'specified persons'.

You will also need to register as a lower tier carrier if you normally and regularly carry controlled waste produced by your own business.

Exemptions and exclusions from waste carrier registration in Northern Ireland

You do not need to register as a waste carrier if you:

  • move waste between different places on your own site
  • export waste by sea or air from the UK to outside the UK (however, you will need to register to transport waste to the port or airport)
  • import waste from outside the UK into the UK, and the waste is landed in its final location (however, you will need to register to transport the waste anywhere by land, eg by train or lorry)
  • are a ferry operator transporting waste-carrying vehicles
  • operate vessels, aircraft, hovercraft, marine structures, floating containers or vehicles that carry waste and have a marine licence or marine licence exemption.

DAERA: Registration of Carriers Application Forms

Scotland

Register as a professional collector and transporter of waste

You must register as a professional collector and transporter of waste, rather than a waste carrier, if you only transport:

  • animal by-products
  • waste from mines and quarries
  • waste from agricultural premises.

If you also carry other types of waste, or mix these types of waste with other waste, you must register as a waste carrier.

You must register as a professional collector and transporter of waste, if you carry waste and are a:

  • waste collection, disposal or regulation authority
  • charity or voluntary organisation
  • business that regularly transports its own waste (unless it is construction and demolition waste).

It is free to register as a professional collector and transporter of waste, and your registration lasts indefinitely unless it is revoked or withdrawn.

It is a new requirement for businesses who regularly transport their own waste to register. You can register online at:

SEPA: Application forms

You can also download the application form to register as a professional collector or transporter from the SEPA website.

SEPA: Application to register as a professional collector (PDF, 54K)

You can get advice from your local SEPA office on any exemptions that may apply to you.

Exemptions and exclusions from waste carrier registration in Scotland

You do not need to register as a waste carrier if you:

  • export waste by sea or air from the UK to outside the UK (however, you will need to register to transport waste to the port or airport)
  • import waste from outside the UK into the UK, and the waste is landed in its final location (however, you will need to register to transport the waste anywhere by land, eg by train or lorry)
  • are a ferry operator transporting waste-carrying vehicles
  • are an operator of vessels, aircraft, hovercraft, marine structures, floating containers or vehicles that are used to dispose of waste at sea
  • only transport animal by-product waste - including catering waste
  • only transport mining, quarrying or farming waste
  • are a charity or voluntary organisation
  • are a waste collection authority, waste disposal authority or waste regulation authority.

Further information

DAERA: Waste carriers and brokers information

SEPA: Waste carriers and brokers information

Northern Ireland

If you want to transport controlled waste, you must register as a waste carrier with the Northern Ireland Environment Agency (NIEA) and comply with your duty of care. From 8 April 2011, new regulations introduced a two-tier registration system for waste carriers.

Upper tier registrations are valid for three years, unless your registration is revoked or withdrawn. Lower tier registration is currently free and lasts indefinitely, unless your registration is revoked or withdrawn. You can apply for registration as a:

  • waste carrier and dealer
  • waste carrier and broker.

You can get application forms to register from the NIEA.

If you had a waste carrier certificate before 8 April 2011, you don't need to do anything. When your certificate is due to be renewed it will be replaced with an upper tier certificate.

DAERA: Waste carrier information and application forms

If you are not sure whether you need to register, you should check with the NIEA.

Contact your environmental regulator

Scotland

If you want to transport controlled waste, you must register as a waste carrier with the Scottish Environment Protection Agency (SEPA) and comply with your duty of care. If you normally and regularly transport waste produced by your own business, you must register with SEPA as a professional collector or transporter of waste.

You only need a single registration to cover you to carry waste throughout England, Scotland and Wales. To work out if you need to register see the page in this guideline: Waste carriers - Who needs to register?

Waste carrier registrations are valid for three years. It is free to register as a professional collector and transporter of waste, and your registration lasts indefinitely unless it is revoked or withdrawn.

You can get application forms to register from the SEPA.

SEPA: Waste carrier information and application forms

If you are not sure whether you need to register, you should check with SEPA.

Contact your environmental regulator

Northern Ireland and Scotland

Comply with your duty of care

You are responsible for making sure that the waste you carry is handled safely and legally. You must make sure that you only pass waste to someone who is authorised to take it. If you do not check and keep proof of this you could be held responsible if your waste is disposed of illegally - for example, by fly-tipping. See the page on checking your waste is dealt with correctly in our guideline: Duty of care - your waste responsibilities.

In Scotland from 01 January 2014, and in Northern Ireland from 1 January 2015, there are additional new requirements that waste carriers must comply with. If you are a business that provides a waste collection service you must:

  • Apply the waste hierarchy as a priority to all waste that you collect. You must ensure that recycling services are designed to promote high quality recycling.
  • Collect and carry dry recyclables that have been presented separately by your customer.
  • Ensure that recyclable materials are not mixed with other wastes in a manner that may hamper recycling while you are the holder.

Further information can be found on the Scottish Government website:

DAERA: Duty of Care Code of Practice for Northern Ireland

Scottish Government: Duty of Care – A Code of Practice

Make sure all waste carriers, brokers and dealers you pass waste on to are registered or exempt.

Contact DAERA Registration of Carriers team

SEPA: Who is registered?

Use waste transfer or consignment notes

Whenever you accept waste from someone, or pass waste to someone, you must ensure that the transfer is covered by a waste transfer note (WTN). If the waste is classified as hazardous waste, you must complete a consignment note. You must keep copies of waste transfer notes for two years and consignment notes for three years.

See the page on completing waste transfer notes in our guideline: Duty of care - your waste responsibilities.

See the page on moving and transferring hazardous waste in our guideline: Hazardous/special waste

Good practice

When you accept waste, ensure it is packaged correctly. If it isn't, ask the producer to repack it. Do not accept waste in leaking containers. Inspect waste when you accept it to check that the waste description on the waste transfer note is accurate.

Take your waste to a site with a suitable and valid pollution prevention and control permit, waste management licence or appropriate exemption. Make sure the site is authorised to receive your particular waste types. You should always ask the site manager to show you the original documents. Ask for a photocopy for your records.

If you suspect that the waste you are carrying has been handled illegally at any stage, report the possible offence to the NIEA or SEPA.

Further information

DAERA: Waste carriers and brokers information

SEPA: Waste carriers and brokers information

Waste brokers arrange for other businesses' controlled waste to be handled, transported, disposed of or recovered. Waste dealers buy waste from other businesses to sell on. This includes dealers who do not take physical possession of the waste.

Waste brokers include:

  • businesses that buy and sell scrap metal and other recoverable materials, eg if you operate from a yard or act as a trader arranging for materials to be bought and sold
  • businesses that arrange for waste disposal on behalf of another business or waste producer
  • waste disposal operators or carriers that arrange the disposal or recovery of waste not covered by their own licence.

A broker or dealer shares responsibility with the waste holders for managing the waste properly before and after it is transferred. Brokers and dealers are legally responsible for the proper handling and disposal of the waste.

Northern Ireland, check if you need to register as a waste broker or dealer

If you deal in waste or arrange for someone else's waste to be disposed of or recovered, you usually need to register as a broker or dealer with the Northern Ireland Environment Agency (NIEA).

However, you do not need to register if you are:

  • arranging for your own waste to be disposed of or recovered
  • arranging for someone else's waste to be disposed of or recovered, and you are going to transport it as a registered waste carrier
  • arranging for someone else's waste to be disposed of or recovered, and you are the operator of the authorised site where the waste is going
  • only dealing with animal by-product waste - including catering waste
  • only dealing with mining, quarrying or farming waste
  • a charity or voluntary organisation
  • a waste collection authority, waste disposal authority or waste regulation authority.

Any business can register as a waste broker or dealer including self-employed individuals, partnerships, companies and other types of organisation. You still need to register if brokering or dealing in waste is not your main business activity or if you only do it occasionally. If you broker or deal in waste but are not registered, the NIEA could take legal action against you.

Scotland, check if you need to register as a waste broker or dealer

If you deal in waste or arrange for someone else's waste to be disposed of or recovered, you usually need to register as a broker or dealer with the Scottish Environment Protection Agency (SEPA).

Any business can register as a waste broker or dealer including self-employed individuals, partnerships, companies and other types of organisation. You still need to register if brokering or dealing in waste is not your main business activity or if you only do it occasionally. If you broker or deal in waste but are not registered, SEPA could take legal action against you.

Waste brokers arrange for other businesses' controlled waste to be handled, transported, disposed of or recovered. Waste dealers buy waste from other businesses to sell on. This includes dealers who do not take physical possession of the waste.

Waste brokers include:

  • businesses that buy and sell scrap metal and other recoverable materials, eg if you operate from a yard or act as a trader arranging for materials to be bought and sold
  • businesses that arrange for waste disposal on behalf of another business or waste producer
  • waste disposal operators or carriers that arrange the disposal or recovery of waste not covered by their own licence.

A broker or dealer shares responsibility with the waste holders for managing the waste properly before and after it is transferred. Brokers and dealers are legally responsible for the proper handling and disposal of the waste.

Northern Ireland, check if you need to register as a waste broker or dealer

If you deal in waste or arrange for someone else's waste to be disposed of or recovered, you usually need to register as a broker or dealer with the Northern Ireland Environment Agency (NIEA).

However, you do not need to register if you are:

  • arranging for your own waste to be disposed of or recovered
  • arranging for someone else's waste to be disposed of or recovered, and you are going to transport it as a registered waste carrier
  • arranging for someone else's waste to be disposed of or recovered, and you are the operator of the authorised site where the waste is going
  • only dealing with animal by-product waste - including catering waste
  • only dealing with mining, quarrying or farming waste
  • a charity or voluntary organisation
  • a waste collection authority, waste disposal authority or waste regulation authority.

Any business can register as a waste broker or dealer including self-employed individuals, partnerships, companies and other types of organisation. You still need to register if brokering or dealing in waste is not your main business activity or if you only do it occasionally. If you broker or deal in waste but are not registered, the NIEA could take legal action against you.

Scotland, check if you need to register as a waste broker or dealer

If you deal in waste or arrange for someone else's waste to be disposed of or recovered, you usually need to register as a broker or dealer with the Scottish Environment Protection Agency (SEPA).

Any business can register as a waste broker or dealer including self-employed individuals, partnerships, companies and other types of organisation. You still need to register if brokering or dealing in waste is not your main business activity or if you only do it occasionally. If you broker or deal in waste but are not registered, SEPA could take legal action against you.

If you arrange the collection, recycling, recovery or disposal of controlled waste on behalf of another person, without ever taking possession of or storing the waste, you must register as a waste broker or dealer with the Northern Ireland Environment Agency (NIEA) or Scottish Environment Protection Agency (SEPA).

To work out if you need to register see the page in this guide:Waste brokers or dealers - who needs to register.

In Northern Ireland

Registrations are valid for three years. You can apply for registration as a:

  • waste carrier and dealer
  • waste carrier and broker.

You can get application forms to register from NIEA.

If you are not sure whether you need to register, check with NIEA.

Contact your environmental regulator

DOENI: Waste carriers and brokers information

In Scotland

You can get application forms to register from SEPA.

If you are not sure whether you need to register, check with SEPA.

Contact your environmental regulator

SEPA: Waste carriers and brokers information

What you must do

Comply with the Duty of Care for Waste

As a dealer or broker of waste you jointly share a responsibility with the waste producer to ensure that you comply with the requirements of the Duty of Care. You have a legal responsibility to ensure that, where you produce waste, or where you broker waste, you;

  • apply the waste hierarchy
  • in Scotland, from 1 Jan 2014, ensure that recyclable materials are handled in a way that promotes high quality recycling
  • only pass your waste to those authorised to accept it
  • describe the waste accurately and compete a transfer note for any transfer of waste
  • store, transport and manage your waste without harming the environment.

DAERA: Waste Management Duty of Care - A Code of Practice

Scottish Government: Duty of Care – A Code of Practice

Check if you need an a waste management licence to store waste

If you store other people's waste on your own site you must be authorised to do so by a waste management licence.

If you already have an a waste management licence, you do not need to register as a waste broker if you arrange for someone else's waste to be disposed of or stored on the site covered by the licence. If you arrange for someone else's waste to be sent to a site that is not covered by your licence, you must register as a waste broker.

For information on storing waste safely, see the page on storing waste correctly in our guideline: Duty of care - your waste responsibilities.

Check the register of waste carriers, brokers and dealers

Make sure all waste carriers, brokers and dealers you pass waste on to are registered or exempt.

NIEA: Contact Registration of Carriers team

SEPA: Who is registered?

Use waste transfer or consignment notes

Whenever you accept waste from someone, or pass waste to someone, you must ensure that the transfer is covered by a waste transfer note (WTN), or a hazardous waste consignment note. You must keep copies of waste transfer notes for two years and consignment notes for three years.

See the page on completing waste transfer notes in our guideline: Duty of care - your waste responsibilities.

Example of WTN for Scotland (page 62)

Example of WTN for Northern Ireland See Annex 2(page 52) Duty of Care- A Code of Practice

See the page on moving and transferring hazardous waste in our guideline: Hazardous/special waste.

You can get application forms to register as a carrier or broker from the NIEA or SEPA.

NIEA: Waste carrier information and application forms

SEPA: Waste carrier information and application forms

Good practice

Be aware of the nature of the waste you are dealing with and ensure that:

  • the waste producer uses appropriate containment or packaging for the waste
  • the waste is accurately described on the waste transfer note
  • only registered waste carriers, or waste carriers who have a registered exemption, move the waste

Northern Ireland: Waste carrier, broker registration fees and dealer registration fees

From 8 April 2011, new regulations introduced a two-tier registration system for waste carriers. The current charges (2016-17) for registering as an upper tier carrier or as a broker or dealer of controlled waste are:

  • registration: £142
  • renewal of registration: £72
  • registration of a carrier who is already registered as a broker or dealer of controlled waste: £35
  • registration of a broker who is already registered as a carrier or dealer of controlled waste: £35.

If you have registered as an upper tier carrier will receive a certificate of registration. You will need to renew your registration every three years.

If you had a waste carrier certificate before 8 April 2011, you don't need to do anything now - if you renew your certificate, it will be replaced with an upper tier certificate.

It is currently free to register as a lower tier carrier of waste. If you register in the lower tier, you will receive a letter from the Northern Ireland Environment Agency (NIEA) confirming your registration. Registration lasts indefinitely, unless it is revoked or withdrawn.

If you have registered as a waste broker or dealer, you will receive a certificate of registration. You will need to renew your certificate every three years. If you had a waste broker certificate before 8 April 2011 you don't need to do anything now.

NIEA: Waste carriers and brokers information

Scotland: Waste carrier, broker registration fees and dealer registration fees

The current charges (2015-16) for registering as a carrier, broker or dealer of controlled waste are:

  • registration: £200
  • renewal of registration: £130
  • registration of a carrier who is already registered as a broker or dealer of controlled waste: £50
  • registration of a broker who is already registered as a carrier or dealer of controlled waste: £50.

If you have registered as a waste carrier, broker or dealer you will receive a certificate of registration. The Scottish Environment Protection Agency (SEPA) will also provide a credit card sized copy of your carriers certificate for an additional charge of £5. You will need to renew your registration every three years.

It is currently free to register as a professional collector and transporter of waste. If you register in the lower tier, you will receive a letter from SEPA confirming your registration. Registration lasts indefinitely, unless it is revoked or withdrawn.

SEPA: Waste carrier information and application forms

This page provides links to the full text of key pieces of environmental legislation relating to waste carrier and broker registration. The websites hosting the legislation may list amendments separately.

If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.

Environmental management systems (EMS) and report

Northern Ireland: Waste carrier, broker and dealer legislation

Waste Regulations (Northern Ireland) SR 2011/127 Requires businesses to apply the waste management hierarchy, introduces a two-tier system for waste carrier registration, establishes waste prevention programmes and makes consequential amendments to various other pieces of legislation.

Controlled Waste (Duty of Care) Regulations (Northern Ireland) SR 2002/271 Creates a duty of care for controlled waste that requires all producers, carriers and managers of waste to keep records and use waste transfer notes.

Controlled Waste and Duty of Care Regulations (Northern Ireland) SR 2013/255 (as amended) Clarify classification of wastes as ‘household’, ‘commercial’, or ‘industrial’; regulations identify which of these incur a charge for collection and disposal. They also introduce more stringent controls under the Duty of Care system.

Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) SR 1999/362 Detail the system for registering carriers of controlled waste. The SR 1999/362 regulations no longer deal with the seizure of property; these provisions can be found in the Controlled Waste (Seizure of Property) Regulations (Northern Ireland) SR 2013/260 (see below).

Controlled Waste (Seizure of Property) Regulations (Northern Ireland) 2013/260 Prescribe the procedures to be followed by the Department of the Environment in seizing property used, or about to be used, in illegal waste activity.

Waste (Fees and Charges) (Amendment) Regulations (Northern Ireland) 2016 SR 401

Amend the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 and the Waste Management Licensing Regulations (Northern Ireland) 2003. The purpose of the Regulations is to increase the fees and charges for processing registration of waste carriers, brokers and dealers as well as exempt waste activities.

Waste Management Licensing Regulations (Northern Ireland) SR 2003/493 Cover applications for waste management licences, which authorise the deposit, disposal and treatment of controlled waste. Include conditions on the use of certain mobile plant.

Waste Management Licensing (Amendment) Regulations (Northern Ireland) SR 2009/76. Amend 2003/493 to change the regime of waste management licensing exemptions to ensure compliance with the Hazardous Waste Directive.

Waste and Contaminated Land (Northern Ireland) Order SI 1997/2778. Sets out the waste management regime covering waste carrier registration and identifying and remedying contaminated land.

Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011 Gives the Department of Environment and district councils similar investigative, enforcement and clean up powers to deal with illegally dumped waste. Changes the legislative framework for management of land that has been contaminated by pollution.

Waste Management Regulations (Northern Ireland) SR 2006/280 Extend controlled waste to cover mine, quarry and agricultural waste. Categorises waste as household, industrial or commercial. Amend existing legislation to further implement the European directives on waste and landfill.

Scotland: Waste carrier, broker and dealer legislation

Waste (Scotland) Regulations SSI 2011/226 Allows partial suspension, revocation, transfer or surrender of a waste management licence (WML). Allows the area of land covered by a WML to be changed. Allows one WML to cover all activities on one site, or to cover more than one mobile plant.

Waste Management Licensing (Scotland) Regulations SSI 2011/228 Consolidates the Waste Management Licensing Regulations 1994 and amendments. Adds new exemptions. Allows applicants to demonstrate technical competence in a number of ways. Requires businesses carrying their own waste to register with SEPA.

Control of Pollution (Amendment) Act 1989 Requires carriers of controlled waste to register with the Scottish Environment Protection Agency (SEPA) and outlines the penalties - including seizure and disposal of vehicles shown to have been used for illegal waste disposal.

Environmental Protection Act 1990. Defines the legal framework for the duty of care for waste, contaminated land and statutory nuisance.

Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations SI 1991/1624 Details the system for seizing vehicles used in the commission of waste offences.

Waste Management Licensing Amendment (Scotland) Regulations SSI 2003/171 Amends the Environment Act 1995 to allow SEPA to charge for the registration of certain activities which are exempt from waste management licensing. Amends 1994/1056 to set out qualifications to manage waste activities covered by waste management licences.

Waste (Scotland) Regulations SSI 2005/22 Amends the Environmental Protection Act 1990 to extend the definition of controlled waste to cover mine, quarry and agricultural waste. Categorises mine and quarry waste as industrial waste and agricultural waste as commercial waste. Requires anyone involved in depositing, disposal or recovery of mine, quarry or agricultural waste to be authorised.

The Waste (Recyclate Quality) (Scotland) Regulations 2015 SSI 101

Requires the holder of a Waste Management Licence to comply with the Materials Recovery Code. Also a PPC permit for the running of a waste recovery facility must contain a requirement to comply with the Materials Recovery Code.

You may also need to know about and comply with legislation on:

Duty of Care – your waste responsibilities

Hazardous/special waste

Waste import and export

You can find other current and future environmental legislation that may affect your business on the NetRegs website.

Environmental legislation

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