Waste Crime and Duty of Care

25 Mar 2026 | Committee report linked

Waste regulation as currently set up is not effective enough at stopping waste crime or non-compliance. Regulation of the waste sector is not adequately addressing the rising problem of illegal waste dumping. We are encouraged by the Environment Agency’s recent enforcement action at a permitted landfill site where there was large-scale pollution. However, the widespread and increasing issue of illegal waste sites surpasses the Environment Agency’s powers. The Agency lacks the option of enforc...

Waste regulation as currently set up is not effective enough at stopping waste crime or non-compliance. Regulation of the waste sector is not adequately addressing the rising problem of illegal waste dumping. We are encouraged by the Environment Agency’s recent …

▤ View document · ↗ GOV.UK

25 Mar 2026 | Committee report linked

The Environment Agency also has some responsibilities for tackling waste crime. Waste crime refers to, for example, sites which operate without a permit, breaches of permit conditions, fly tipping, and failure to pay landfill tax.48 In 2022, the NAO estimated the cost to the English economy from waste crime to be more than £900 million per year. Fly-tipping and illegal waste sites, the costliest types of waste crime, are increasing.49 In its 25-Year Environment Plan, published in 2018, govern...

The Environment Agency also has some responsibilities for tackling waste crime. Waste crime refers to, for example, sites which operate without a permit, breaches of permit conditions, fly tipping, and failure to pay landfill tax.48 In 2022, the NAO estimated …

▤ View document · ↗ GOV.UK

1 Dec 2023 | Committee report linked

In October 2022, our report on government actions to combat waste crime found the Department was making slow progress on its digital waste tracking system, and was not even at the pilot stage after four years of effort, despite its implementation being core 42 C&AG’s Report, Figure 8 43 Committee of Public Accounts, Government actions to combat waste crime, Eighteenth Report of Session 2022–23, HC 33, 19 October 2022 44 Qq 9, 12 45 Q11; C&AG’s Report 1.24 46 Q 61 47 C&AG’s Report, para 11, 1....

In October 2022, our report on government actions to combat waste crime found the Department was making slow progress on its digital waste tracking system, and was not even at the pilot stage after four years of effort, despite its …

▤ View document · ↗ GOV.UK

7 Nov 2022 | Committee report linked

While upcoming Government reforms to the regulation of waste carrier registration and the introduction of digital waste tracking both have the potential to help combat the dumping of UK waste in foreign countries, the current level of compliance and enforcement activity by the Environment Agency does not appear to be up to the challenge posed by organised criminal gangs increasingly seeking to circumvent the current export regime. We recommend that the Environment Agency’s compliance and enfo...

While upcoming Government reforms to the regulation of waste carrier registration and the introduction of digital waste tracking both have the potential to help combat the dumping of UK waste in foreign countries, the current level of compliance and enforcement …

▤ View document · ↗ GOV.UK

7 Nov 2022 | Committee report linked

We heard that waste crime is a low risk, high reward endeavour and that current punishments are insufficient to deter illegal activity, contrary to the objectives of the EA’s Enforcement and Sanctions policy. We recommend that sanctions for companies caught breaking the rules on exporting plastic waste be considerably strengthened to make them at least comparable to the level of profit made from illegal waste exporting so as to act as a genuine deterrent. The Environmental Agency should also ...

We heard that waste crime is a low risk, high reward endeavour and that current punishments are insufficient to deter illegal activity, contrary to the objectives of the EA’s Enforcement and Sanctions policy. We recommend that sanctions for companies caught …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

Official data do not capture the true scale and impact of waste crime, and government initiatives do not amount to a convincing overall plan to address this. Waste crime is greatly under-reported, so government and Agency statistics do not capture the full impact it has on communities, businesses and the environment. Only around a quarter of waste crime is reported and the Agency cannot estimate the quantity of waste that is illegally exported. Local authorities do not report fly- tipping to ...

Official data do not capture the true scale and impact of waste crime, and government initiatives do not amount to a convincing overall plan to address this. Waste crime is greatly under-reported, so government and Agency statistics do not capture …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

The current sanctions are not effective in deterring people from committing waste crime. Under the current regime almost anybody can register with the Agency as a waste carrier and present themselves to the public as a legitimate person to take away their waste. The Agency is increasingly concentrating its enforcement efforts on the most serious waste criminals. We heard in stark terms about the difficulties, delays and dangers involved in tackling organised criminals of this type, and how th...

The current sanctions are not effective in deterring people from committing waste crime. Under the current regime almost anybody can register with the Agency as a waste carrier and present themselves to the public as a legitimate person to take …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

Defra is not doing enough to support local authorities to tackle fly-tipping. Fly-tipping has a big impact on the public: there were well over a million recorded incidents in England in 2020–21. Reported fly-tipping in urban areas is high while fly-tipping can blight lives in rural areas despite remaining substantially unreported. Defra is adamant that it is the responsibility of local authorities to tackle fly-tipping, supported by guidance and powers to impose sanctions that Defra develops ...

Defra is not doing enough to support local authorities to tackle fly-tipping. Fly-tipping has a big impact on the public: there were well over a million recorded incidents in England in 2020–21. Reported fly-tipping in urban areas is high while …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

We are concerned that the Agency is not doing enough to prevent the illegal export of waste. The Agency estimates that around 14 million tonnes of waste are legitimately exported each year. In the five years to 2020–21, the Agency inspected 1,100 shipping containers per year on average, preventing around 18,000 tonnes of waste from illegal export and saving the economy £1.3 million annually. The Agency believes that most illegally exported waste goes to non-OECD countries where controls on th...

We are concerned that the Agency is not doing enough to prevent the illegal export of waste. The Agency estimates that around 14 million tonnes of waste are legitimately exported each year. In the five years to 2020–21, the Agency …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

The digital waste tracking system is still in development after four years despite its implementation being core to combatting waste crime. Recording waste movements digitally rather than on paper is an important initiative from the 2018 Waste and Resources Strategy. Defra and the Agency believe it will give them an improved understanding of waste movements and enable them to better identify misclassification and improper disposal of waste. Defra is creating a prototype in- house, with 1,600 ...

The digital waste tracking system is still in development after four years despite its implementation being core to combatting waste crime. Recording waste movements digitally rather than on paper is an important initiative from the 2018 Waste and Resources Strategy. …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

On the basis of a report by the Comptroller and Auditor General, we took evidence from the Department for Environment, Food and Rural Affairs (Defra), the Environment Agency (the Agency) and HM Revenue and Customs (HMRC) about government actions to combat waste crime in England.1

On the basis of a report by the Comptroller and Auditor General, we took evidence from the Department for Environment, Food and Rural Affairs (Defra), the Environment Agency (the Agency) and HM Revenue and Customs (HMRC) about government actions to …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

The 2018 Resources and Waste Strategy does not set out a pathway to government’s ultimate goal of eliminating waste crime by 2043.18 Defra acknowledged that its reporting on progress implementing the strategy and towards this goal has been limited. The Agency told us how it is expanding its metrics beyond its current quarterly reporting on the number of high-risk illegal waste sites, to a suite of measures including the proportion 6 C&AG’s Report, Figure 21 7 Qq 3, 17, 56, 61, 64, 86 8 Qq 17,...

The 2018 Resources and Waste Strategy does not set out a pathway to government’s ultimate goal of eliminating waste crime by 2043.18 Defra acknowledged that its reporting on progress implementing the strategy and towards this goal has been limited. The …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

The 2018 Resources and Waste Strategy acknowledged there were serious gaps in the national data on waste.21 When we asked how action to combat waste crime could be prioritised without good quality data, Defra told us “There is quite a lot more that we want to do” to improve data on waste crime.22 The Agency said “we think that only about 25% of all waste crime” is reported, and described the level of illegal waste exports as a “known unknown”.23 Defra and the Agency accept that the public can...

The 2018 Resources and Waste Strategy acknowledged there were serious gaps in the national data on waste.21 When we asked how action to combat waste crime could be prioritised without good quality data, Defra told us “There is quite a …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

Defra and the Agency told us about a range of initiatives to improve data, including recent consultations on introducing digital waste tracking and reforming the system for registering as a waste carrier, broker or dealer.26 The Agency told us it was working more closely with the legitimate waste industry to get a handle on the extent and nature of waste crime, and seeking to encourage members of the public to report waste crime.27 Defra said it had supported development of apps to enable pub...

Defra and the Agency told us about a range of initiatives to improve data, including recent consultations on introducing digital waste tracking and reforming the system for registering as a waste carrier, broker or dealer.26 The Agency told us it …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

Stakeholders emphasised the need to ensure timely, effective delivery and implementation of the government’s initiatives. The Environmental Services Association wrote that tighter requirements to prevent criminals entering the sector “must be developed and pushed through with urgency”, while ADEPT also supports improving data to help expose rogue operators.29 Large waste company SUEZ wrote that new legislation needs to be supported by the resources to implement it effectively, including suffi...

Stakeholders emphasised the need to ensure timely, effective delivery and implementation of the government’s initiatives. The Environmental Services Association wrote that tighter requirements to prevent criminals entering the sector “must be developed and pushed through with urgency”, while ADEPT a

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

Waste tracking data is currently collected in multiple systems: some paper-based and some digital, some operated by private contractors and some by the government; not all information is collated centrally.34 Since the 2018 Resources and Waste Strategy, the government has intended to collect more comprehensive tracking data in a single, central electronic system: digital waste tracking.35 The plans currently under consultation are to cover the 200 million tonnes of waste produced each year ac...

Waste tracking data is currently collected in multiple systems: some paper-based and some digital, some operated by private contractors and some by the government; not all information is collated centrally.34 Since the 2018 Resources and Waste Strategy, the government has …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

Stakeholders who wrote to us were largely positive about digital waste tracking.40 SUEZ emphasised that new legislation needs to be supported by clear penalties for non-compliance and investment in regulatory staff and systems to enable appropriate monitoring and enforcement.41 Defra and the Agency were not able to set out clearly how they would ensure waste handlers comply with the digital tracking system.42

Stakeholders who wrote to us were largely positive about digital waste tracking.40 SUEZ emphasised that new legislation needs to be supported by clear penalties for non-compliance and investment in regulatory staff and systems to enable appropriate monitoring and enforcement.41 Defra …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

The Agency told us how under the current regime almost anybody can register with it as a waste carrier, broker or dealer and present themselves as a legitimate waste operator. Several organisations submitted evidence to our enquiry that demonstrated how this lax approach enables waste crime. The National Farmers Union told us how its members are approached by companies posing as legitimate waste operators, offering farmers money in return for temporary storage of waste, only for the companies...

The Agency told us how under the current regime almost anybody can register with it as a waste carrier, broker or dealer and present themselves as a legitimate waste operator. Several organisations submitted evidence to our enquiry that demonstrated how …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

The Agency told us how current sanctions often have limited deterrent effect. It considers that the only penalty that makes a difference to many waste criminals, particularly one from an organised crime group, is a custodial sentence, but even when these are imposed they are often not long enough to deter further crime. Fines are not high enough and are treated as business expenses by waste criminals.66 The Agency acknowledged that sentencing guidelines require courts to have regard to guilty...

The Agency told us how current sanctions often have limited deterrent effect. It considers that the only penalty that makes a difference to many waste criminals, particularly one from an organised crime group, is a custodial sentence, but even when …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

It is widely believed across the waste sector that there has been a steady rise in the involvement of organised crime groups over recent years.69 We heard from the Agency and HMRC of the challenges involved in taking such criminals to court, and how they can afford good legal teams.70 Criminal prosecutions require higher evidential standards than 61 Qq 23, 24 62 Q 48; GWC0004 (NFU England and Wales) 63 Q 47; GWC0007 (Suez Recycling and Recovery UK) 64 GWC0003 (Environmental Services Associati...

It is widely believed across the waste sector that there has been a steady rise in the involvement of organised crime groups over recent years.69 We heard from the Agency and HMRC of the challenges involved in taking such criminals …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

We queried why the number of successful prosecutions has dropped dramatically over the past 15 years and why investigations were taking longer and longer.72 The Agency told us that prosecutions, despite their potential effectiveness at deterring waste crime, are a last resort because they tend to be slow, complex and expensive, and the Agency needs to use and target its resources in the best way to address and prevent the huge array of waste crime. The Agency’s strategy is to go after the wor...

We queried why the number of successful prosecutions has dropped dramatically over the past 15 years and why investigations were taking longer and longer.72 The Agency told us that prosecutions, despite their potential effectiveness at deterring waste crime, are a …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

Advice and guidance or warning letters are the most common responses for most types of waste crime, and we pushed the witnesses on whether they were using the right balance of enforcement actions.77 The Agency described how it takes a proportionate, risk-based and outcome-focused approach, and that providing advice and guidance is the default response. We were told most people respond well to advice and guidance, but if that does not work, the Agency has an escalating series of civil sanction...

Advice and guidance or warning letters are the most common responses for most types of waste crime, and we pushed the witnesses on whether they were using the right balance of enforcement actions.77 The Agency described how it takes a …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

The Agency estimates that around 14 million tonnes of waste are legitimately exported each year. The Agency told us that tackling illegal export of waste is “one of our top priorities” and “we are active in trying to stop it”.81 It accepts this will require the 71 Qq 55–56, 65–67 72 Qq 43, 45; C&AG’s Report, Figure 18 73 Qq 45, 46 74 Qq 52–54 75 Qq 55–58 76 Qq 60–61 77 Qq 59, 62 78 Qq 62–63 79 GWC0007 (SUEZ) 80 Q 47 81 Q 81 Government actions to combat waste crime 17 Agency to work more over ...

The Agency estimates that around 14 million tonnes of waste are legitimately exported each year. The Agency told us that tackling illegal export of waste is “one of our top priorities” and “we are active in trying to stop it”.81 …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

We asked the Agency about its efforts to stop illegal exports and its performance in doing so. In response, the Agency highlighted the waste it successfully prevents being illegally exported, saying it prevented about 18,000 tonnes last year.84 Over the five years to 2020–21, on average two-thirds of the waste the Agency stopped was intercepted at the originating waste site; the Agency’s estimate of the revenue to the economy from the waste it stops at site averages £1.3 million per year over...

We asked the Agency about its efforts to stop illegal exports and its performance in doing so. In response, the Agency highlighted the waste it successfully prevents being illegally exported, saying it prevented about 18,000 tonnes last year.84 Over the …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

The Agency also highlighted its recent achievement in securing fines of £1.5 million against a large waste company for waste export illegalities.89 The Agency has been keen to publicise this record fine for waste export breaches that the judge called “reckless, bordering on deliberate”. However, despite the company having been fined £350,000 for similar offences only two years earlier, the Agency was able to stop less than half of the shipment concerned. 16 containers were stopped but 26 cont...

The Agency also highlighted its recent achievement in securing fines of £1.5 million against a large waste company for waste export illegalities.89 The Agency has been keen to publicise this record fine for waste export breaches that the judge called …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

Defra told us that “Local authorities have the responsibility to deal with fly-tipping” while Defra’s role is to support authorities and provide tools for carrying out this work. However, Defra’s statutory guidance presents a less straightforward picture of local authority responsibilities. Local authorities have a duty to keep specified land clear of refuse, and can be taken to court to ensure they clean up such refuse within a reasonable time.98 Investigation and enforcement are steps that ...

Defra told us that “Local authorities have the responsibility to deal with fly-tipping” while Defra’s role is to support authorities and provide tools for carrying out this work. However, Defra’s statutory guidance presents a less straightforward picture of local authority …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Committee report linked

Defra told us it has invested in the development of apps to make reporting of fly- tipping, such as on private land, to local authorities easier.103 Defra said it is developing a fly-tipping toolkit to share best practice, the first element of which relates to putting together robust cases for magistrates courts that demonstrate the impact of fly-tipping.104 The development of a fly-tipping toolkit was an action set out in the 2018 Resources and Waste Strategy.105 Defra also told us it had in...

Defra told us it has invested in the development of apps to make reporting of fly- tipping, such as on private land, to local authorities easier.103 Defra said it is developing a fly-tipping toolkit to share best practice, the first …

▤ View document · ↗ GOV.UK

19 Oct 2022 | Written evidence linked

Local authorities reported 1.1 million incidents of fly-tipping during 2020–21 to Defra.91 However, Defra recognises that some local authorities provide incomplete figures, and that coverage of fly-tipping on private sector land is not good enough.92 Other stakeholders made similar points more strongly: written evidence from academics stated that “Waste crime on private land is overlooked” while evidence from the National Farmers Union (NFU) said that better reporting and recording of waste c...

Local authorities reported 1.1 million incidents of fly-tipping during 2020–21 to Defra.91 However, Defra recognises that some local authorities provide incomplete figures, and that coverage of fly-tipping on private sector land is not good enough.92 Other stakeholders made similar points …

▤ View document · ↗ GOV.UK