Further changes bring simplification and reduced burdens when transferring waste

Recent changes introduced under the Waste (England and Wales) (Amendment) Regulations 2014 (‘the 2014 Regulations’) mean businesses can now use invoices, orders and receipts to prove waste has been transferred legally and safely. The Department for Environment, Food and Rural Affairs’ (Defra’s) decision to allow such alternatives to traditional waste transfer notes (WTNs) is part of the government’s ‘Red Tape Challenge’ to review and streamline more than 21,000 statutory instruments. The new approach is key in simplifying and reducing the burdens faced under environmental regulation.

The Waste (England and Wales) Regulations 2011 (‘the 2011 Regulations’) establish that anyone handling controlled waste has a duty of care and must demonstrate it is taking reasonable steps to apply the prescribed waste hierarchy when transferring waste. Previously, this involved completing a WTN to: provide a written description of waste on its transfer from one person or establishment to another; ensure a clear audit trail throughout the process from waste production to disposal, as outlined in section 34(1)(c) of the Environmental Protection Act 1990; and fulfil part of the overall duty of care…

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