Waste duty of care: transfer notes, carriers and records

If a business produces, carries, keeps, treats or transfers controlled waste in England or Wales, it has duties to manage that waste responsibly. Section 34 of the Environmental Protection Act 1990 establishes the waste duty of care. The government's statutory code of practice explains how to apply it. This page focuses on England and Wales. Scotland and Northern Ireland have separate rules and guidance, so a UK-wide business should not use one jurisdiction's record procedure everywhere.

The duty is about the waste journey, not simply a signed collection docket. A holder should take reasonable steps to prevent unauthorized or harmful deposit, treatment or disposal; prevent escape of waste; transfer it only to an appropriately authorized person; and give an accurate description so the next holder can handle it lawfully and safely. The exact checks depend on the circumstances and warning signs. A reputable-looking van or a cheap quote is not proof of authorization.

Identify and describe the waste

Begin by deciding whether the material is waste and how it should be classified. Identify the source, nature, quantity and any hazardous properties. The description should be detailed enough for the next holder to choose the right handling, transport, treatment and disposal. Do not describe mixed building waste as inert rubble if it contains paint, solvents, plasterboard, asbestos or another relevant material. Specialist classification may be needed for a difficult stream.

The waste transfer information should use the appropriate waste code, describe the material accurately and include the parties, place and date of transfer. The duty-of-care code explains the documentation requirements and gives examples. A season ticket may cover regular transfers of the same non-hazardous waste between the same parties for up to a year where its conditions are met. Check each actual movement against the ticket rather than using it to hide a changed waste stream.

Check the carrier and destination

Ask for the carrier's registration or other authorization and check it through the relevant public register. Confirm that it covers the activity, and consider whether the destination can accept the waste. A dealer or broker in the chain does not remove the producer's own duty. The government code suggests further inquiry where there are red flags, such as an unexplained route, suspicious price, or missing details. Keep practical evidence of your check even where a particular check record is not itself prescribed, as it can show what you did if a disposal is later questioned.

For construction and facilities teams, agree who produces each waste stream and who controls it when it leaves site. A subcontractor may produce its own waste; a main contractor may arrange shared skips. Contract wording should match the physical process, and the paperwork should name the correct parties. Do not assume a waste carrier's licence alone proves the receiving facility has the right permit or exemption.

Transfer notes and hazardous consignment notes

Non-hazardous controlled waste transfers require an accurate written description and transfer documentation under the applicable rules. The code says keep a copy for two years. Hazardous waste generally uses a consignment note with different fields and controls; the code says a consignor's record is kept for three years, with different retention rules potentially applying to consignees. Check government hazardous-waste guidance before moving that stream. A normal transfer note is not a substitute for a required hazardous-waste consignment note.

Records should be retrievable by site, date, carrier, waste type and destination. When a contractor changes, retain the earlier records. If the waste description was wrong or a carrier's status is doubtful, correct the issue and investigate the actual movement rather than changing a spreadsheet entry alone.

What about digital waste tracking?

The government has a digital waste tracking programme, but its mandatory scope and start dates have changed during rollout. This guide does not state a fixed legal commencement date. Use the live government service page to check the current position before changing your waste-transfer workflow or promising that a particular form will disappear. The existing duty of care and documentation obligations continue unless and until changed by law.

The waste sector page is the commercial destination for relevant Complys offerings. This guide does not claim that Complys checks carrier registers, submits statutory notes, or verifies the lawful destination of waste. It explains what your team needs to control and document.

General information, not legal advice. Verify current requirements against the primary sources linked above.