Digital Waste Tracking (Wales) Regulations 2026

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Welsh Statutory Instruments

2026 No. 105

environmental protection, wales

The Digital Waste Tracking (Wales) Regulations 2026

Made

26 March 2026

Coming into force

1 October 2026

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 34CA(1), (2), (4), (6), (7), (8), (9) and (10) and 34CB(1), (2), (3), (5), (6) and (7) of the Environmental Protection Act 1990(1).

In accordance with the Senedd approval procedure applied by section 160A(5)(b) of that Act, a draft of this Welsh statutory instrument was laid before, and approved by resolution of, Senedd Cymru.

Part 1 General

Title, coming into force, extent and application

1. —(1) The title of these Regulations is the Digital Waste Tracking (Wales) Regulations 2026.

(2) These Regulations come into force on 1 October 2026.

(3) These Regulations—

(a) extend to England and Wales;

(b) apply in relation to Wales.

Interpretation

1. In these Regulations—

“ the 1990 Act ” (“ Deddf 1990 ”) means the Environmental Protection Act 1990;

“ the 2005 Regulations ” (“ Rheoliadau 2005 ”) means the Hazardous Waste (Wales) Regulations 2005(2);

“ the 2016 Regulations ” (“ Rheoliadau 2016 ”) means the Environmental Permitting (England and Wales) Regulations 2016(3);

“ approved software ” (“ meddalwedd a gymeradwywyd ”) means software that has been approved by the designated person under regulation 3(3);

“ consignment note ” (“ nodyn traddodi ”) means the document set out in Schedule 4(4) (form of consignment note) to the 2005 Regulations;

“ controlled waste ” (“ gwastraff a reolir ”) has the meaning given in section 75(4) of the 1990 Act;

“ designated person ” (“ person dynodedig ”) means the Welsh Ministers;

“ digital waste record ” (“ cofnod digidol o wastraff ”) means an electronic record that is created using approved software;

“ digital waste record number ” (“ rhif cofnod digidol o wastraff ”) means a unique identifying number assigned to a digital waste record;

“ digital waste tracking system ” (“ system tracio gwastraff yn ddigidol ”) has the meaning given in regulation 3(2);

“ digital waste tracking system fee ” (“ ffi’r system tracio gwastraff yn ddigidol ”) means the annual fee payable under regulation 5;

“ digitally excluded operator number ” (“ rhif gweithredwr sydd wedi ei allgáu’n ddigidol ”) means the unique identifying number assigned to a digitally excluded operator by—

(a) Natural Resources Wales under regulation 9(2)(a),

(b) the Environment Agency under any provision made by the Secretary of State under section 34CA(6) of the 1990 Act,

(c) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland under any provision made by that Department under article 5G(6) of the Waste and Contaminated Land (Northern Ireland) Order 1997(5), or

(d) the Scottish Environment Protection Agency under any provision made by the Scottish Ministers under section 34CA(6) of the 1990 Act;

“ digitally excluded person ” (“ person sydd wedi ei allgáu’n ddigidol ”) means a person—

(a) who is a practising member of a religious society or order whose beliefs are incompatible with using electronic communications or keeping electronic records, or

(b) for whom it is not reasonably practicable to use electronic communications or to keep electronic records for any reason (including age, disability or location);

“ end of the quarter ” (“ diwedd y chwarter ”) means one of the following days, being the end of a quarter—

(a) 31 March,

(b) 30 June,

(c) 30 September, or

(d) 31 December;

“ enforcement cost recovery notice ” (“ hysbysiad adennill cost gorfodaeth ”) has the meaning given in regulation 20(1);

“ environmental permit ” (“ trwydded amgylcheddol ”) has the meaning given in regulation 13(1) of the 2016 Regulations;

“ hazardous controlled waste ” (“ gwastraff a reolir sy’n beryglus ”) means controlled waste that is also hazardous waste;

“ hazardous waste ” (“ gwastraff peryglus ”) has the meaning given in section 75(8B) of the 1990 Act(6);

“ household waste ” (“ gwastraff cartrefi ”) has the meaning given in section 75(5) of the 1990 Act;

“ operator of a permitted facility ” (“ gweithredwr cyfleuster trwyddedig ”) means the person who is authorised under an environmental permit to operate a permitted facility;

“ permitted facility ” (“ cyfleuster trwyddedig ”) means a regulated facility where a waste operation is carried out;

“ quarter ” (“ chwarter ”) means any period of 3 months ending on 31 March, 30 June, 30 September or 31 December;

“ regulated facility ” (“ cyfleuster rheoleiddiedig ”) has the meaning given in regulation 8 of the 2016 Regulations;

“ specified information ” (“ gwybodaeth benodedig ”) has the meaning given in regulation 4(5)(a);

“ specified steps ” (“ camau penodedig ”) has the meaning given in regulation 4(4);

“ waste disposal authority ” (“ awdurdod gwaredu gwastraff ”) means, for any county or county borough in Wales, the council of the county or county borough;

“ waste operation ” (“ gweithrediad gwastraff ”) has the meaning given in regulation 2(1) of the 2016 Regulations.

Part 2 The Digital Waste Tracking System

Designated person and the digital waste tracking system

1. —(1) The Welsh Ministers (“ the designated person ”) are designated for the purposes of section 34CA(7) of the 1990 Act.

(2) The designated person must establish, maintain and operate an electronic system to track controlled waste (“ the digital waste tracking system ”).

(3) The designated person’s functions in relation to the digital waste tracking system include (but are not limited to) the approval of software.

(4) The designated person must ensure that—

(a) a digital waste record number is assigned to a digital waste record when specified information in the digital waste record is entered into the digital waste tracking system, and

(b) the digital waste record number is sent to the operator of a permitted facility who recorded the specified information in the digital waste record as soon as possible after the digital waste record number is assigned.

(5) The designated person may withhold entry of the specified information onto the digital waste tracking system if the digital waste tracking system fee has not been paid.

Entry of specified information into the digital waste tracking system by operator of a permitted facility

1. —(1) This regulation applies when the operator of a permitted facility receives controlled waste at a permitted facility.

(2) This regulation does not apply if the permitted facility is a place provided under arrangements made by a waste disposal authority under section 51(1)(b)(7) of the 1990 Act and—

(a) household waste is deposited by a person resident in the waste disposal authority’s area(8), or

(b) the permitted facility is available for the deposit of household or other controlled waste by other persons under section 51(3) of the 1990 Act.

(3) The operator of a permitted facility must pay the digital waste tracking system fee under regulation 5.

(4) The operator of a permitted facility must take the specified steps set out in paragraph (5) for each load of controlled waste received at the permitted facility by the deadline set out in paragraph (9).

(5) The specified steps are to—

(a) record in a digital waste record the information specified in Part 2 of Schedule 1 (“ specified information ”), and

(b) check that the specified information in the digital waste record has been entered into the digital waste tracking system.

(6) The requirement to check in paragraph 5(b) is satisfied if the operator receives the digital waste record number under regulation 3(4)(b).

(7) The requirement to check in paragraph 5(b) is not satisfied if the operator has not received the digital waste record number due to a failure by the operator to—

(a) pay the digital waste tracking system fee, or

(b) having received a digital message indicating an error, investigate and correct any error with the digital waste record or any error or omission in the specified information recorded in that digital waste record.

(8) In paragraph (4)—

(a) where the controlled waste consists of hazardous controlled waste accompanied by more than one consignment note completed under regulation 36 (standard procedure) of the 2005 Regulations, the hazardous controlled waste to which each consignment note relates is to be treated as one load;

(b) where the controlled waste consists of hazardous controlled waste delivered to the permitted facility by pipeline under a consignment note completed under regulation 41 (removal of wastes by pipeline) of the 2005 Regulations, the hazardous controlled waste to which each consignment note relates is to be treated as one load.

(9) The operator of a permitted facility must take all reasonable steps to ensure completion of the specified steps by the end of the second working day after the day on which the load of controlled waste or hazardous controlled waste is received by the operator.

(10) But where the load of hazardous controlled waste is delivered by pipeline, the day of receipt is—

(a) if the load is piped over the course of more than one day, the day on which the last of the piped load is received;

(b) if the load is piped continuously—

(i) the day recorded in the consignment note relating to that load as the end of the quarter, or

(ii) where the piping stops before the day recorded in the consignment note relating to that load as the end of the quarter, the day on which the piping stops.

Digital waste tracking system fee

1. —(1) The digital waste tracking system fee is £26.

(2) The fee must be paid to the designated person when the obligation to comply with the specified steps under regulation 4(4) first arises and then annually, on the anniversary of the obligation first arising, for each subsequent year in which the operator is required to comply with the obligation in regulation 4(4).

Outage preventing entry of specified information

1. —(1) In the event of an outage, the operator of a permitted facility must follow the steps in paragraph (2).

(2) The steps are to—

(a) unless the operator has received an outage notification, notify Natural Resources Wales of the outage as soon as reasonably practicable;

(b) make a written record of the specified information by the deadline specified in regulation 4(9);

(c) within 7 days beginning with the day after the day on which the outage is resolved, enter the specified information recorded under sub-paragraph (b) into the digital waste tracking system in accordance with the specified steps.

(3) The operator of a permitted facility—

(a) may make the written record required under paragraph (2)(b) in electronic form if the operator is able to save the record in a manner that can be easily found and retrieved,

(b) must, until the step described in paragraph (2)(c) is completed—

(i) retain the written record made under paragraph (2)(b), and

(ii) if requested to do so, make the written record available to Natural Resources Wales as soon as reasonably practicable.

(4) In this regulation—

“ outage ”(“ diffodiad ”) means circumstances caused by factors beyond the operator of the permitted facility’s control that prevent the entry of the specified information into the digital waste tracking system by the deadline specified in regulation 4(9);

“ outage notification ” (“ hysbysiad o ddiffodiad ”) means a communication informing users of the digital waste tracking system that the system is unavailable.

Correction of digital waste record

1. —(1) This regulation applies where—

(a) the operator of a permitted facility has made an error in a digital waste record, and

(b) in consequence of such an error, incorrect information about controlled waste is entered into the digital waste tracking system.

(2) The operator of a permitted facility must ensure the correct information is entered into the digital waste tracking system in accordance with the specified steps as soon as reasonably practicable and, in any event, within one month of the date on which the operator becomes aware of the error.

Part 3 Digitally excluded persons

Written record of specified information by digitally excluded operator of a permitted facility

1. —(1) This regulation applies when—

(a) the operator of a permitted facility is a digitally excluded person (“ digitally excluded operator ”), and

(b) the digitally excluded operator receives controlled waste at the permitted facility.

(2) Paragraph (1) does not apply if the permitted facility is a place provided under arrangements made by a waste disposal authority under section 51(1)(b) of the 1990 Act and—

(a) household waste is deposited by a person resident in the waste disposal authority’s area, or

(b) the permitted facility is available for the deposit of household or other controlled waste by other persons under section 51(3) of the 1990 Act.

(3) The digitally excluded operator—

(a) is exempt from the requirements in regulations 4 to 7;

(b) must—

(i) make a written record of the specified information in respect of each load of controlled waste received at the permitted facility by the deadline set out in paragraph (5),

(ii) include in the written record their digitally excluded operator number, and

(iii) retain and make available the written record under regulation 12.

(4) In paragraph (3)(b)(i)—

(a) where the controlled waste consists of hazardous controlled waste that is accompanied by more than one consignment note completed under regulation 36 (standard procedure) of the 2005 Regulations, the hazardous controlled waste to which each consignment note relates is to be treated as one load;

(b) where the controlled waste consists of hazardous controlled waste delivered to the permitted facility by pipeline under a consignment note completed under regulation 41 (removal of wastes by pipeline) of the 2005 Regulations, the hazardous controlled waste to which each consignment note relates is to be treated as one load.

(5) In paragraph (3)(b)(i), the deadline for making the written record is 2 working days beginning with the day after the day on which the load of controlled waste or hazardous controlled waste is received by the digitally excluded operator.

(6) But where the load of hazardous controlled waste is delivered by pipeline, the day of receipt is—

(a) if the load is piped over the course of more than one day, the day on which the last of the piped load is received;

(b) if the load is piped continuously—

(i) the day recorded in the consignment note relating to that load as the end of the quarter, or

(ii) where the piping stops before the day recorded in the consignment note relating to that load as the end of the quarter, the day on which the piping stops.

Application for digitally excluded operator number

1. —(1) A digitally excluded operator whose principal place of business is in Wales must apply to Natural Resources Wales for a digitally excluded operator number.

(2) On receiving an application under paragraph (1), Natural Resources Wales must—

(a) assign the applicant a digitally excluded operator number, and

(b) inform the applicant of the digitally excluded operator number.

Ceasing to be a digitally excluded person

1. —(1) If a digitally excluded operator is assigned a digitally excluded operator number under regulation 9(2)(a) and ceases to be a digitally excluded person, that operator must give written notice of the fact to Natural Resources Wales.

(2) A notice under paragraph (1) must be given as soon as reasonably practicable after the operator ceases to be a digitally excluded person.

(3) An operator who gives notice—

(a) continues to be, for 28 days beginning with the date of the notice—

(i) exempt from the requirements in regulations 4 to 7, and

(ii) subject to the requirements in regulation 8(3)(b);

(b) after 28 days beginning with the date of the notice, is subject to the requirements in regulations 4 to 7.

List of digitally excluded persons

1. Natural Resources Wales must—

(a) maintain a list of digitally excluded operators to whom Natural Resources Wales has assigned a digitally excluded operator number under regulation 9(2)(a);

(b) as soon as reasonably practicable after the expiry of the 28 days referred to in regulation 10(3)(b), remove from the list any person who has ceased to be a digitally excluded person.

Retention and making available written records by digitally excluded operator

1. A digitally excluded operator must, in respect of a written record under regulation 8(3)(b)(i)—

(a) retain the written record for at least 3 years beginning with the date on which the record is made;

(b) if requested by Natural Resources Wales, provide the written record to Natural Resources Wales as soon as reasonably practicable.

Part 4 Monitoring

Monitoring functions

1. Natural Resources Wales must monitor compliance with these Regulations.

Recording of information by Natural Resources Wales

1. Natural Resources Wales may enter any information contained in a written record or made available to Natural Resources Wales under Part 2 or 3 into the digital waste tracking system.

Part 5 Offences and Civil Sanctions

Chapter 1 General

Interpretation

1. In this Part and in Schedule 2—

“ civil sanction ” (“sancsiwn sifil ”) means a fixed monetary penalty, a variable monetary penalty or a compliance notice;

“ compliance notice ” (“ hysbysiad cydymffurfio ”) means a notice requiring a person to take such steps as are specified in the notice, within such time as specified in the notice, to ensure that the offence does not continue or recur;

“ fixed monetary penalty ” (“ cosb ariannol benodedig ”) means a fixed monetary penalty which is a requirement to pay Natural Resources Wales a penalty, being the amount specified in paragraph 1(1) of Schedule 2;

“ public register ” (“ cofrestr gyhoeddus ”) has the meaning given in regulation 23(1);

“ variable monetary penalty ” (“ cosb ariannol amrywiadwy ”) means a penalty of such amount as determined by Natural Resources Wales under Part 2 of Schedule 2.

Chapter 2 Offences

Offences

1. —(1) A person who fails to comply with any of the provisions specified in paragraph (2) is guilty of an offence.

(2) The provisions are—

(a) regulation 4(4) (take specified steps by the specified deadline);

(b) regulation 6(2)(a) (notify Natural Resources Wales of outage);

(c) regulation 6(2)(b) (written record of specified information during outage);

(d) regulation 6(2)(c) (enter specified information into the digital waste tracking system);

(e) regulation 6(3)(b) (retain and make available outage written record);

(f) regulation 7(2) (corrections);

(g) regulation 8(3)(b)(i) (written record by digitally excluded operator);

(h) regulation 8(3)(b)(ii) (record digitally excluded operator number in written record);

(i) regulation 9(1) (application for digitally excluded operator number);

(j) regulation 10(1) (notice of ceasing to be digitally excluded person);

(k) regulation 10(2) (deadline for providing notice after ceasing to be a digitally excluded person);

(l) regulation 12 (retain and make available written record).

(3) A person who fails to comply with a compliance notice imposed under Part 3 of Schedule 2 is guilty of an offence.

Offences: supplementary

1. —(1) Where—

(a) an offence under these Regulations has been committed by a partnership or unincorporated association, and

(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i) a relevant individual, or

(ii) an individual purporting to act in the capacity of a relevant individual,

the individual as well as the partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.

(2) In paragraph (1), “ relevant individual ” means—

(a) in relation to a body corporate—

(i) a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity;

(ii) where the affairs of the body are managed by its members, a member;

(b) in relation to a partnership, a partner;

(c) in relation to an unincorporated association, a person who is concerned in the management or control of the association.

Penalties for offences

1. An offence under regulation 16 or 17 is punishable—

(a) on conviction on indictment, with a fine;

(b) on summary conviction, with a fine.

Chapter 3 Civil Sanctions

Civil sanctions

1. —(1) Where Natural Resources Wales is satisfied on the balance of probabilities that a person has contravened a requirement specified in paragraph (2) (“ a relevant requirement ”), Natural Resources Wales may by notice, in relation to that contravention, impose on that person—

(a) a fixed monetary penalty under Part 1 of Schedule 2,

(b) a variable monetary penalty under Part 2 of Schedule 2, or

(c) a compliance notice under Part 3 of Schedule 2.

(2) The requirements are—

(a) regulation 4(4) (take specified steps by the specified deadline);

(b) regulation 6(2)(a) (notify Natural Resources Wales of outage);

(c) regulation 6(2)(b) (written record of specified information during outage);

(d) regulation 6(2)(c) (enter specified information during outage);

(e) regulation 6(3)(b) (retain and make available outage written record);

(f) regulation 7(2) (corrections);

(g) regulation 8(3)(b)(i) (written record by digitally excluded operator);

(h) regulation 8(3)(b)(ii) (record digitally excluded operator number in written record);

(i) regulation 9(1) (application for digitally excluded operator number);

(j) regulation 10(1) (notice of ceasing to be digitally excluded person);

(k) regulation 10(2) (deadline for providing notice after ceasing to be a digitally excluded person);

(l) regulation 12 (retain and make available written record).

(3) Where Natural Resources Wales is satisfied on the balance of probabilities that—

(a) a relevant requirement has been contravened by a body corporate, partnership or unincorporated association, and

(b) the contravention occurred with the consent or connivance of, or was attributable to any neglect on the part of—

(i) a relevant individual, or

(ii) an individual purporting to act in the capacity of a relevant individual,

Natural Resources Wales may by notice impose a civil sanction specified in paragraph (1) on that individual as well as the body corporate, partnership or unincorporated association.

(4) If Natural Resources Wales is satisfied, on the balance of probabilities, that the contravention of a relevant requirement or prohibition by a person is due to the act or default of some other person, Natural Resources Wales may by notice impose a civil sanction on that other person, whether or not a sanction is imposed on the first-mentioned person.

(5) A person on whom a civil sanction has been imposed under this regulation may appeal to the First-tier Tribunal in accordance with the procedure in regulation 25.

(6) Natural Resources Wales may recover a fixed monetary penalty or a variable monetary penalty—

(a) as a civil debt, or

(b) on the order of a court, as if payable under a court order.

(7) In this regulation, “ relevant individual ” means—

(a) in relation to a body corporate—

(i) a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity;

(ii) where the affairs of the body are managed by its members, a member;

(b) in relation to a partnership, a partner;

(c) in relation to an unincorporated association, a person who is concerned in the management or control of the association.

Enforcement cost recovery notices

1. —(1) Natural Resources Wales may serve a notice (“ an enforcement cost recovery notice ”) on a person on whom a variable monetary penalty notice under Part 2 of Schedule 2, or a compliance notice under Part 3 of Schedule 2, has been served requiring that person to pay the costs incurred by Natural Resources Wales in relation to the imposition of that notice up to the time of its imposition.

(2) Costs include in particular—

(a) investigation costs;

(b) administration costs;

(c) costs of obtaining expert advice (including legal advice).

(3) The enforcement cost recovery notice must specify—

(a) the grounds for imposing the notice,

(b) the amount required to be paid,

(c) how payment is to be made,

(d) the period within which payment must be made, which must not be less than 28 days beginning with the date on which the notice is served,

(e) the right of appeal, and

(f) the consequences of failure to comply with the notice in the specified period.

(4) The person on whom the enforcement cost recovery notice is served may require Natural Resources Wales to provide a detailed breakdown of the amount.

(5) The person required to pay costs is not liable to pay the proportion of those costs which are shown by that person to have been unnecessarily incurred.

(6) The person required to pay costs may appeal to the First-tier Tribunal in accordance with the procedure in regulation 25 against—

(a) the decision of Natural Resources Wales to impose the requirement to pay costs, or

(b) the decision of Natural Resources Wales as to the amount of those costs.

(7) Natural Resources Wales may recover any costs required to be paid under an enforcement cost recovery notice—

(a) as a civil debt, or

(b) on the order of a court, as if payable under a court order.

Payment of penalties into Welsh Consolidated Fund

1. Natural Resources Wales must pay any penalty it receives under this Part into the Welsh Consolidated Fund.

Withdrawing or amending a notice

1. Natural Resources Wales may at any time in writing—

(a) withdraw a fixed monetary penalty notice;

(b) withdraw a variable monetary penalty notice;

(c) withdraw an enforcement cost recovery notice;

(d) reduce the amount specified in a variable monetary penalty notice or an enforcement cost recovery notice;

(e) withdraw a compliance notice;

(f) amend the steps specified in a compliance notice to reduce the amount of work necessary to comply with it;

(g) vary a notice to extend the time in which to pay any penalty.

Chapter 4 Public register

Register of enforcement action

1. —(1) Natural Resources Wales must establish and maintain an electronic register (a “ public register ”) containing details of—

(a) any conviction for an offence under regulation 16 or 17;

(b) any civil sanction imposed under regulation 19 where—

(i) any appeal has been finally disposed of, or

(ii) if there has been no appeal, the time for lodging any appeal has expired;

(c) any enforcement cost recovery notice served under regulation 20.

(2) Information relating to civil sanctions must be removed from the public register no later than 4 years after the information was entered on the register.

(3) Information relating to criminal proceedings, or anything which is the subject matter of criminal proceedings, must not be included in the public register before those proceedings are finally disposed of.

(4) In paragraph (3), “ criminal proceedings ” includes prospective criminal proceedings.

(5) Natural Resources Wales must—

(a) enter information under paragraph (1) on the public register as soon as reasonably practicable after it comes within Natural Resources Wales’ possession,

(b) make the public register available for inspection by members of the public at all reasonable times, free of charge, and

(c) permit members of the public to obtain copies of entries on the public register on payment of a reasonable charge.

(6) The public register may be kept in any form but must be indexed or arranged so that members of the public can readily trace information contained in it.

Spent convictions of individuals

1. Natural Resources Wales must remove details of any conviction from the public register once the rehabilitation period for a sentence has ended under section 5 of the Rehabilitation of Offenders Act 1974(9) (rehabilitation periods for particular sentences) as it applies in Wales.

Part 6 Appeals

Procedure on appeal

1. —(1) A person who wishes to appeal to the First-tier Tribunal under regulations 19 and 20 must appeal to the First-tier Tribunal in accordance with the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009(10) (“ the 2009 Rules ”), and the 2009 Rules apply to the appeal, subject to the modification in paragraph (2).

(2) Rule 22 of the 2009 Rules applies to an appeal brought under these Regulations as if rule 22(1)(b) required the notice of appeal to be received by the Tribunal within 2 months of the date on which notice of the decision to which the appeal relates was sent to the appellant.

(3) The First-tier Tribunal may, in relation to a decision to impose a civil sanction under regulation 19 or the service of an enforcement cost recovery notice under regulation 20, which is the subject of the appeal—

(a) quash the decision, or withdraw the notice (whether in whole or in part);

(b) confirm the decision or notice (whether in whole or in part);

(c) vary the decision or notice (whether in whole or in part);

(d) remit the decision to Natural Resources Wales.

Status pending appeal

1. Any—

(a) civil sanction imposed under regulation 19 (other than a compliance notice), or

(b) enforcement cost recovery notice issued under regulation 20,

which is the subject of an appeal is suspended until the appeal is determined or withdrawn.

Determination of appeals

1. Where, following an appeal under regulation 25, the First-tier Tribunal determines that a decision of Natural Resources Wales is to be remitted for reconsideration, Natural Resources Wales must—

(a) comply with any directions given to it by the First-tier Tribunal, and

(b) take any steps necessary to give effect to the First-tier Tribunal’s determination.

Part 7 Supplementary

Access to information

1. The designated person must allow Natural Resources Wales to access information in the digital waste tracking system to facilitate the discharge of any of Natural Resources Wales’ functions under these Regulations.

Information sharing

1. —(1) Any information held by the designated person or Natural Resources Wales under these Regulations may be shared with a body listed in paragraph (2) for the purposes set out in paragraph (3).

(2) The bodies are—

(a) a responsible authority;

(b) a public authority;

(c) a competent authority;

(d) the scheme administrator.

(3) The purposes are—

(a) for a responsible authority, enforcement functions relating to the electronic tracking of waste;

(b) for a public authority, functions relating to the prevention or management of waste or waste related crime;

(c) for a competent authority, the law enforcement purposes;

(d) for the scheme administrator, functions conferred on it by the 2024 Regulations.

(4) In this regulation—

“ the 2018 Act ” (“ Deddf 2018 ”) means the Data Protection Act 2018(11);

“ the 2024 Regulations ” (“ Rheoliadau 2024 ”) mean the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024(12);

“ competent authority ” (“ awdurdod cymwys ”) has the same meaning as in section 30(1) of the 2018 Act;

“ the law enforcement purposes ” (“ y dibenion gorfodi’r gyfraith ”) has the same meaning as in section 31 of the 2018 Act;

“ public authority ” (“ awdurdod cyhoeddus ”) has the same meaning as in section 7(1) of the 2018 Act(13);

“ responsible authority ” (“ awdurdod cyfrifol ”) means—

(a) Natural Resources Wales;

(b) the Environment Agency;

(c) the Scottish Environment Protection Agency;

(d) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

“ scheme administrator ” (“ gweinyddwr y cynllun ”) means the person appointed under regulation 58 of the 2024 Regulations.

Huw Irranca-Davies

Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, one of the Welsh Ministers

26 March 2026

Schedules

Regulations 4 and 8

Schedule 1 Specified information

Part 1 Interpretation

1. In this Schedule—

“ the 2011 Regulations ” (“ Rheoliadau 2011 ”) means the Waste (England and Wales) Regulations 2011(14);

“ the 2018 Regulations ” (“ Rheoliadau 2018 ”) means the Environmental Authorisations (Scotland) Regulations 2018(15);

“ List of Wastes Decision ” (“ Penderfyniad y Rhestr Wastraffoedd ”) means Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste(16);

“ the POPs Regulation ” (“ y Rheoliad POPs ”) means Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants(17);

“ waste code ” (“ cod gwastraff ”) in relation to controlled waste of a particular description means the six digit code given to that description in the waste list;

“ the Waste Framework Directive ” (“ y Gyfarwyddeb Fframwaith Gwastraff ”) means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851, and read in accordance with section 75A of the 1990 Act;

“ waste list ” (“ rhestr wastraff ”) means the list of waste contained in the Annex to the List of Wastes Decision.

Part 2 Specified information

1. In this Part—

“ carrier registration number ” (“ rhif cofrestriad cludwr ”) means the unique number on the certificate of registration issued to a person registered as a carrier of controlled waste under the 2011 Regulations;

“ transporter authorisation number ” (“ rhif awdurdodiad cludwr ”) means the unique number on a registration granted or transferred to a person under the 2018 Regulations, that authorises the collection and transport of controlled waste on a professional basis.

The operator of a permitted facility

1. —(1) The following details are required in respect of the operator—

(a) name,

(b) email and telephone number,

(c) environmental permit number, and

(d) deployment reference number, if—

(i) the permitted facility is a mobile plant, and

(ii) a condition of the environmental permit for the mobile plant requires the deployment of that plant to be approved by Natural Resources Wales.

(2) In this paragraph—

“ environmental permit number ” (“ rhif trwydded amgylcheddol ”) means the unique number on the environmental permit granted to the operator of a permitted facility under the 2016 Regulations;

“ deployment reference number ” (“ rhif cyfeirnod lleoliad offer symudol ”) means the unique number given in the approval for the deployment of a mobile plant under the 2016 Regulations;

“ mobile plant ” (“ offer symudol ”) has the meaning given in section 29(9) of the 1990 Act.

The permitted facility

1. The address of the permitted facility and if a mobile plant, the address given in the approval referred to in paragraph 3(1)(d) as the deployment site.

2. The date and time the controlled waste was received at the permitted facility.

The transporter of the waste

1. The following details are required in respect of the person who transported the controlled waste to the permitted facility—

(a) address, email and telephone number, and

(b) carrier registration number or transporter authorisation number.

1. If the person who transports the controlled waste does not have a carrier registration number or a transporter authorisation number, the reason why.

2. If the transported waste is hazardous controlled waste, the code for the consignment note that travelled with the waste or, if there is no consignment note, the reason why.

The broker or dealer

1. —(1) Where arrangements for the transportation of the controlled waste to the permitted facility were made by a person (“ X ”) on behalf of another person (“ Y ”)—

(a) the name and address of person X and that person’s email and telephone number;

(b) person X’s—

(i) broker or dealer registration number, or

(ii) broker or dealer authorisation number.

(2) In this paragraph—

(a) “ broker or dealer registration number ” means the number associated with the registration issued to a person registered as a broker or a dealer of controlled waste under the 2011 Regulations;

(b) “ broker or dealer authorisation number ” means the number associated with the authorisation issued to a person authorised to act as a broker or a dealer under the 2018 Regulations.

Mode of transport

1. The mode of transport by which the controlled waste was transported (for example, road, rail, sea, air, inland waterway or pipe).

2. If road is a mode of transport recorded under paragraph 10, the vehicle registration number for each vehicle used.

Description of the waste

1. A description of the controlled waste.

Waste codes

1. The relevant waste code for the controlled waste.

2. —(1) For each waste code recorded under paragraph 13—

(a) the total weight of the controlled waste recorded under that waste code, including—

(i) the unit of measurement used, and

(ii) whether the weight is estimated or actual,

(b) the D code or the R code (or both) for the waste operation that is to be applied to the controlled waste recorded under that waste code,

(c) the weight of the controlled waste that the D code or the R code is applied to, including—

(i) the unit of measurement used, and

(ii) whether the weight is estimated or actual, and

(d) the type and number of containers used to contain the controlled waste recorded under that waste code.

(2) In this paragraph—

(a) “ D code ” means the code listed in numerical order in Annex 1 (disposal operations) to the Waste Framework Directive that describes the waste operation to be applied to controlled waste;

(b) “ R code ” means the code listed in numerical order in Annex 2 (recovery operations) to the Waste Framework Directive that describes the waste operation to be applied to controlled waste.

Hazardous properties

1. —(1) If the controlled waste—

(a) has one or more of the hazardous properties listed in Annex 3 (properties of waste which render it hazardous) to the Waste Framework Directive, or

(b) contains one or more of the following substances, which are listed in the first column of the table in Annex 4 to the POPs Regulation, in concentration limits that exceed the concentration limits specified for those substances in the corresponding entry in the fourth column of the table—

(i) polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF);

(ii) DDT (1,1,1-trichloro-2,2-bis (4-chlorophenyl)ethane);

(iii) chlordane;

(iv) hexachlorocyclohexanes, including lindane;

(v) dieldrin;

(vi) endrin;

(vii) heptachlor;

(viii) hexachlorobenzene;

(ix) chlordecone;

(x) aldrin;

(xi) pentachlorobenzene;

(xii) polychlorinated biphenyls (PCB)

(xiii) mirex;

(xiv) toxaphene;

(xv) hexabromobiphenyl.

(2) Where the controlled waste falls within—

(a) paragraph 15(1)(a)—

(i) the relevant HP code for the waste, and

(ii) the chemical or biological components and concentration values that relate to each hazardous property to which each HP code corresponds;

(b) paragraph 15(1)(b)—

(i) the letters “ POP ”, and

(ii) the chemical or biological components and concentration values that relate to each substance falling within paragraph (1)(b).

(3) If unable to provide any of the following, the reason why—

(a) the HP code,

(b) the letters “ POP ”, or

(c) the chemical or biological components and concentration values.

(4) In this paragraph, “ HP code ” means one of the codes (HP 1 to HP 15) in Annex 3 to the Waste Framework Directive (properties of waste which render it hazardous).

Persistent organic pollutants

1. —(1) If the controlled waste contains any of the substances listed in Annex 4 to the POPs Regulation, the name of the substance and concentration (whether or not already recorded for the purposes of paragraph 15).

(2) If the name of the substance and concentration is not provided, the reason why.

Physical form of the waste

1. The physical form that best describes the controlled waste—

(a) gas,

(b) liquid,

(c) solid,

(d) powder,

(e) sludge, or

(f) mixed.

Handling

1. Any special handling requirements for the controlled waste, where applicable.

Regulation 19

Schedule 2 Civil sanctions

PART 1 Fixed monetary penalties

Amount of fixed monetary penalty

1. —(1) The amount of fixed monetary penalty under these Regulations is £1,000.

(2) A fixed monetary penalty may not be imposed on a person on more than one occasion in relation to the same act or omission, unless the act or omission is a continuing act or omission.

Notice of intention to impose a fixed monetary penalty

1. —(1) Where Natural Resources Wales proposes to impose a fixed monetary penalty on a person, Natural Resources Wales must serve on that person a notice of what is proposed (“ a notice of intent ”).

(2) The notice of intent must include—

(a) the grounds for the proposal to impose the fixed monetary penalty;

(b) the amount of the penalty;

(c) information as to—

(i) the right to make representations and objections within 28 days beginning with the day on which the notice of intent is received (“ the 28 day period ”);

(ii) the circumstances in which Natural Resources Wales may not impose the penalty.

Making representations and objections

1. A person on whom a notice of intent is served may, within the 28 day period, make written representations and objections to Natural Resources Wales in relation to the proposed imposition of the fixed monetary penalty.

Final notice of decision to impose a fixed monetary penalty

1. —(1) If the person who has received a notice of intent does not discharge liability within the 28 day period by paying the amount specified in paragraph 1(1) to Natural Resources Wales, Natural Resources Wales may, after considering any representations or objections made during that period, serve a final notice (“ final notice ”) imposing a fixed monetary penalty.

(2) Where the contravention to which the notice of intent relates is a criminal offence, Natural Resources Wales may not serve a final notice on the person if Natural Resources Wales is satisfied on the balance of probabilities that the person would not, by reason of any defence, be liable to be convicted of that offence.

Contents of final notice

1. —(1) Where Natural Resources Wales decides to impose a fixed monetary penalty, it must serve a notice imposing it (“ final notice ”).

(2) A final notice must include information as to—

(a) the grounds for imposing the penalty,

(b) the amount of the penalty,

(c) how payment may be made,

(d) the period within which payment must be made, which must not be less than 2 months after the day on which the final notice is given,

(e) details of late payment penalties,

(f) the right of appeal, and

(g) the consequences of non-payment.

Appeal against a final notice

1. —(1) The person receiving a final notice may appeal against it.

(2) The grounds for appeal are—

(a) that the decision is based on an error of fact;

(b) that the decision is wrong in law;

(c) that the decision is unreasonable.

Non-payment after 2 months

1. —(1) The penalty must be paid within 2 months after the day on which the final notice is given.

(2) If the penalty is not paid within 2 months, the amount of the penalty is increased by 50%.

(3) In the case of an appeal—

(a) the penalty must be paid within 28 days beginning with the date of the determination of the appeal if the appeal is unsuccessful, or the date on which the appeal is withdrawn, and

(b) if the penalty is not paid within 28 days, the amount of the penalty is increased by 50%.

Criminal proceedings

1. —(1) If a notice of intent to impose a fixed monetary penalty is served on any person in relation to a contravention which is an offence (“ the related offence ”), no criminal proceedings may be instituted against that person in respect of the related offence before the expiry of 28 days beginning with the day on which the notice of intent is served.

(2) If a person pays a fixed monetary penalty or discharges liability for a fixed monetary penalty within 28 days beginning with the day on which the notice of intent is served, that person may not be convicted of the related offence, unless the contravention is a continuing act or omission.

PART 2 Variable monetary penalties

Power to impose a variable monetary penalty

1. —(1) A variable monetary penalty may not be imposed on a person on more than one occasion in relation to the same act or omission, unless the act or omission is a continuing act or omission.

(2) Before serving a notice relating to a variable monetary penalty on a person, Natural Resources Wales may require the person to provide such information as is reasonable to establish any benefit (financial or otherwise) arising as a result of the contravention.

(3) In determining the amount of a variable monetary penalty, Natural Resources Wales must consider the following factors—

(a) the environmental impact or potential impact of the contravention;

(b) any benefit arising as a result of the contravention;

(c) the culpability of the person;

(d) previous history of non-compliance.

Notice of intention to impose a variable monetary penalty

1. —(1) Where Natural Resources Wales proposes to impose a variable monetary penalty on a person, Natural Resources Wales must serve on that person a notice of what is proposed (a “ notice of intent ”).

(2) The notice of intent must include—

(a) the grounds for the proposal to impose the variable monetary penalty;

(b) the amount of the penalty;

(c) information as to—

(i) the right to make representations and objections within 28 days beginning with the day on which the notice of intent is received (“ the 28 day period ”);

(ii) the circumstances in which Natural Resources Wales may not impose the penalty.

Making representations and objections

1. A person on whom a notice of intent is served may, within the 28 day period, make written representations and objections to Natural Resources Wales in relation to the proposed imposition of the variable monetary penalty.

Final notice of decision to impose a variable monetary penalty

1. —(1) If the person who has received a notice of intent does not discharge liability within the 28 day period by paying the penalty specified in the notice of intent, Natural Resources Wales may, after considering any representations or objections made within the 28 day period, decide whether to impose the variable monetary penalty in the notice of intent, with or without modifications.

(2) Where the contravention to which the notice of intent relates is a criminal offence, Natural Resources Wales may not serve a final notice on the person if Natural Resources Wales is satisfied on the balance of probabilities that the person would not, by reason of any defence, be liable to be convicted of that offence.

Contents of final notice

1. —(1) Where Natural Resources Wales decides to impose a variable monetary penalty, it must serve a notice imposing it (“ final notice ”).

(2) A final notice must include the following information—

(a) the grounds for imposing the penalty,

(b) the amount of the penalty,

(c) how payment is to be made,

(d) the period within which payment must be made, which must not be less than 2 months after the day on which the final notice is given,

(e) the right of appeal, and

(f) the consequences of non-payment.

Appeal against a final notice

1. —(1) The person receiving a final notice may appeal against it.

(2) The grounds for appeal are—

(a) that the decision is based on an error of fact;

(b) that the decision is wrong in law;

(c) that the amount of the penalty is unreasonable;

(d) that the decision is unreasonable for any other reason.

(3) Where an appeal is made against the issue of a final notice, the penalty must be paid within 28 days beginning with the date of the determination of the appeal if the appeal is unsuccessful, or the date on which the appeal is withdrawn.

Criminal proceedings

1. —(1) If a notice of intent for a variable monetary penalty is served on any person in relation to a contravention which is an offence (“ the related offence ”), no criminal proceedings may be instituted against that person in respect of the related offence before the expiry of 28 days beginning with the day on which the notice of intent is served.

(2) If a person pays a variable monetary penalty or discharges liability for a variable monetary penalty within 28 days beginning with the day on which the notice of intent is served, that person may not be convicted of the related offence, unless the contravention is a continuing act or omission.

PART 3 Compliance notices

Issue of a compliance notice

1. —(1) Natural Resources Wales may by notice (“ a compliance notice ”) require a person to take such steps as Natural Resources Wales may specify.

(2) A compliance notice may not be imposed on a person on more than one occasion in relation to the same contravention of these Regulations, unless the contravention is a continuing act or omission.

(3) Sub-paragraph (2) does not prevent another compliance notice being imposed on a person under this paragraph if any earlier compliance notice imposed on that person in relation to the same act or omission has first been withdrawn.

(4) Where contravention of a requirement is a criminal offence under these Regulations, Natural Resources Wales may not impose a compliance notice on a person for contravention of that requirement if Natural Resources Wales is satisfied on the balance of probabilities that the person would not, by reason of any defence, be liable to be convicted of an offence.

Contents of compliance notice

1. A compliance notice must include the following information—

(a) the grounds for imposing the notice,

(b) what steps the person receiving the notice must take and the period within which those steps must be completed,

(c) the right of appeal, and

(d) the consequences of failing to comply with the notice.

Appeal against a compliance notice

1. —(1) A person receiving a compliance notice may appeal against it.

(2) The grounds for appeal are—

(a) that the decision to impose the notice is based on an error of fact;

(b) that the decision is wrong in law;

(c) that the nature of the requirement is unreasonable;

(d) that the decision is unreasonable for any other reason.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in Wales, establish a digital waste tracking system. They are made under powers conferred by section 34CA and 34CB of the Environmental Protection Act 1990 (c. 43) (“ the 1990 Act ”). The 1990 Act allows the Welsh Ministers to establish, in Wales, a digital waste tracking system, the purpose of which is to track controlled waste.

Controlled waste is household, industrial or commercial waste and has the meaning given in section 75(4) to (8) of the 1990 Act.

Part 2 and Schedule 1 contain provisions relating to the establishment of the digital waste tracking system in Wales and requirements for operators of a permitted facility to enter information into the digital waste tracking system and to pay an annual fee. That Part also makes provision for outages (when information cannot be entered into the digital waste tracking system).

Part 3 contains provisions relating to digitally excluded persons, including alternative requirements for recording information that would otherwise be entered into the digital waste tracking system.

Part 4 contains provision about the functions of Natural Resources Wales.

Part 5 and Schedule 2 contain provisions relating to offences and civil sanctions.

Part 6 contains provisions relating to appeals.

Part 7 contains supplementary provisions including Natural Resources Wales’ access to the digital waste tracking system and who information held under these Regulations may be shared with.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

(1) 1990 c. 43. Sections 34CA and 34CB were inserted by section 58(2) of the Environment Act 2021 (c. 30).

(2) S.I. 2005/1806 (W. 138), amended by S.I. 2011/971 (W. 141); there are other amending instruments but none is relevant to these Regulations.

(3) S.I. 2016/1154, amended by S.I. 2018/110; there are other amending instruments but none is relevant to these Regulations.

(4) The form in Schedule 4 was substituted by S.I. 2011/971 (W. 141).

(5) S.I. 1997/2778 (N.I. 19). Article 5G was inserted by section 59(2) of the Environment Act 2021 (c. 30).

(6) Subsection (8B) was inserted into the 1990 Act by section 60(3) of the Environment Act 2021 (c. 30).

(7) Section 51(1) was amended by Part 4 of Schedule 5 to the Clean Neighbourhoods and Environment Act 2005 (c. 16).

(8) A waste disposal authority’s area is the area of the local authority making up that waste disposal authority. Maps of local authority boundaries can be found on the Office for National Statistics (ONS) Open Geography Portal website at https://geoportal.statistics.gov.uk/search?q=Administrative%20Maps.

(9) 1974 c. 53. Section 5 was amended by section 139(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10); there are other instruments that amend section 5 but none is relevant to these Regulations.

(10) S.I. 2009/1976, amended by S.I. 2010/43, 2010/2653, 2011/651, 2012/500, 2013/477, 2014/2128, 2015/2059, 2017/1168, 2018/1053, 2019/758, 2019/828, 2019/925, 2020/416, 2020/651, 2020/1637, 2021/322, 2021/1183, 2022/1030, 2024/364 and 2025/561.

(11) 2018 c. 12.

(12) S.I. 2024/1332, amended by S.I. 2025/1361.

(13) Section 7(1) was amended by S.I. 2019/419.

(14) S.I. 2011/988; relevant amending instruments are S.I. 2013/755 and 2014/656.

(15) S.S.I. 2018/219, amended by S.S.I. 2025/165; there are other amending instruments but none is relevant to these Regulations.

(16) EUDN 2000/532/EC, amended by S.I. 2020/1540.

(17) EUR 2019/1021, amended by S.I. 2020/1358, 2025/82 and 2025/296.

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