Most businesses and individuals are responsible for the management of waste in some form. The Government’s recent Waste Crime Action Plan is aiming to crack down on illegal waste activity through the three objectives of prevention, enforcement and remediation.

Our Regulatory Team advise on waste and have set out the potential impacts of the Action Plan below.

What is the Action Plan?

It is a policy paper written by the Department for Environment, Food and Rural Affairs, which was published on 20 March 2026.

The Action Plan is a response to increased political and media pressure on the Government, local authorities and the Environment Agency (EA) concerning illegal waste activity.

The Government believes that waste offences are damaging the environment, threatening public safety and undercutting honest businesses. It has identified areas that require major reform and the Action Plan sets these out.

Any individual or business responsible for waste must already comply with the Waste Duty of Care, which includes preventing the illegal disposal of waste. In 2025, the EA estimated that 20% of all waste is illegally managed, at a cost of £1 billion to the economy each year.

What are the proposals?

The Government’s proposed measures fit into three objectives: prevention, enforcement and remediation.

Prevention

The Government is committed to detecting illegal activity sooner. Reforms include:

1. Carrier, broker and dealer (CBD) reform – a new registration system for waste management and transport will now carry up to 5 years’ imprisonment for non-compliance.
2.  Introduction of digital waste tracking – digital tracking is being introduced for recycling centres and treatment facilities this month and will become mandatory in October 2026.
3. Waste exemption changes – changes to waste exemption rules including the removal of three exemptions, tightening of seven others and further, non-legislative changes that may be made by the EA.

It should be noted that the above are not new to the Action Plan and were part of the Government’s existing regulatory reform package.

Businesses which operate in the waste sector or have waste permitting/exemption requirements should engage with their advisers and consultants to ensure they stay compliant in light of the changes.

Enforcement

With an extra £45 million committed to funding, the EA will enhance enforcement for waste crimes through the use of advanced technology, stronger prosecutions and harsher penalties. The main proposed reforms include:

1. Increased enforcement powers for officers – currently, the EA has legislative powers to enter, inspect and search. The Government is considering how the EA’s powers can be increased, including giving it enhanced powers similar to the Police.
2. Changes to waste crime penalties – the Government is going to consider whether the existing penalties regime can be built on to deter criminal activity.

The Action Plan notes that all businesses have a duty to ensure waste is lawfully managed. Landowners and businesses not operating in the waste sector should ensure they know how their land is being used and how their waste is being managed.

Given the scale of the problem, it will be interesting to see whether the additional funding will comprehensively combat organised waste crime.

Remediation

The EA will assist landowners clearing exceptionally bad sites, after the recent intervention in Kidlington which started last year.

However, the EA will still seek to prosecute polluters and recover money spent on clearing these sites.

Landowners should ensure they know how their sites are being used and companies should ensure when buying a business or land that they undertake appropriate due diligence and, if necessary, obtain contractual protection for environmental related risks.

Observations

The Government stated that its commitment to waste crime prevention is long-term and that they will continue to improve its systems and relationships in order to protect and support communities.

We will see whether the reforms change public perception, but businesses should be alive to how any changes could impact their operations.

The Waste Crime Action Plan can be accessed here – Waste Crime Action Plan – GOV.UK

For advice on waste offences or regulatory compliance, we’re here to help. Please get in touch with our regulatory law specialists, Emma Reilly and Ian Anderson.