Digital Waste Tracking Legislation: The Regulations Explained
Digital waste tracking legislation is now in force across the UK, with each nation laying its own regulations to require permitted receiving sites to report every load. This guide explains what the rules say, who enforces them and how they fit with your existing duty of care.
Last reviewed: 16 October 2026
Digital Waste Tracking Legislation in Each Nation
Digital waste tracking is a UK-wide service, but waste is a devolved matter. That's why each of the four nations has introduced its own regulations to make the service mandatory, while working together on one shared system.
England:
regulations underpinning mandatory digital waste tracking were laid in Parliament in April 2026, with Phase 1 mandatory from 1 October 2026.
Wales:
The Digital Waste Tracking (Wales) Regulations 2026 were agreed by the Senedd on 24 March 2026, with Phase 1 mandatory from 1 October 2026.
Scotland:
secondary legislation mandates the service for receiving sites from 1 January 2027.
Northern Ireland:
secondary legislation mandates the service for receiving sites from 1 January 2027.
Phase 2, covering carriers, brokers and dealers, is planned to become mandatory from October 2027. Further legislation is expected to set out the detailed requirements.
What the Regulations Require
In Phase 1, the regulations require operators of licensed or permitted sites that receive controlled waste to:
Record specified information
about every load of controlled waste they receive
Submit it to the digital waste tracking service
within 2 working days, starting the day after the waste is received
Keep a written record during outages
and transfer it to the service within 7 working days after the outage ends
The information includes details of who carried the waste, where it came from, its description and EWC code, quantity, disposal or recovery codes, and extra details for hazardous waste and waste containing persistent organic pollutants (POPs).
Some sites are excluded or treated differently. For example, HWRCs in Wales are out of scope, while HWRCs in England must record commercial waste received.
Who Enforces Them
Defra runs the service, but enforcement sits with the environmental regulators in each nation:
England:
Environment Agency
Wales:
Natural Resources Wales
Scotland:
Scottish Environment Protection Agency (SEPA)
Northern Ireland:
Northern Ireland Environment Agency (NIEA), part of DAERA
Regulators will use the data to target inspections, carry out roadside checks and spot sites receiving more waste, or different types of waste, than their permits allow.
How It Fits with Duty of Care
Digital waste tracking doesn't replace the duty of care. Under section 34 of the Environmental Protection Act 1990 and equivalent rules, anyone who produces, carries, keeps or disposes of waste must still take reasonable steps to keep it under control and pass it only to authorised people, with a proper description.
For now, Defra says existing waste transfer notes, consignment notes and returns continue alongside the new service. In practice, digital waste tracking adds a new layer of evidence, making it much easier for regulators to check whether the duty of care is being met.
Penalties and Enforcement
The regulations give regulators powers to enforce the requirement to report. Failing to record or submit information, or submitting false information, can lead to enforcement action. The specific offences and penalties are set out in each nation's regulations, so check the legislation that applies to you or take legal advice if you're unsure.
Regulators have generally said they want to support businesses through the change, but deliberate non-compliance and waste crime are clear targets.
What's Still to Come
Phase 2:
carriers, brokers and dealers, planned from October 2027, with a public beta in spring 2027
Waste exemptions:
expected in a later phase
Green list (Article 18) waste exports and imports:
to be built into a future phase
End of the spreadsheet route:
expected after at least October 2027
Changes to waste transfer notes and returns:
possible once the digital service is complete
We'll update this guide as new legislation and guidance are published.
Frequently Asked Questions
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Official guidance
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