The Waste Crime Action Plan | Enforcement, Penalties & Legal Defence
Waste crime continues to grow, whether through Landfill Tax fraud, illegal waste exports, or the regular appearance of illegal waste dumps across the country. The Environment Agency estimates that around twenty per cent of all waste in England is illegally managed, equating to approximately thirty-eight million tonnes of waste each year costing the English economy around one billion pounds annually.
In a previous article entitled ‘Cracking Down on Waste Crime | Environment Agency Restriction Orders’ we outlined the powers available to tackle the dumping of waste in the form of Restriction Notices and Restriction Orders under the Environment Act 1995.
In the Environmental Improvement Plan 2025, the Government committed to reducing the number of illegal waste sites and fly-tipping incidents. The Waste Crime Action Plan, which was published in March 2026, sets out significant proposals concerning the prevention, enforcement and remediation of such crime.
Sukhdip Randhawa of KANGS explains these three key elements of the Government’s plan of action.
Waste Crime Offences | New Powers, Stricter Controls and Greater Regulatory Scrutiny
Prevention Measures Bring Increased Enforcement
A central theme of the Action Plan is that waste crime must be stopped at source. The government has therefore committed to significant regulatory reform aimed at closing long standing loopholes.
Key measures include:
- Carriers, Brokers and Dealers (CBD) reforms will move regulation of waste management and transport from a light-touch registration system into the Environmental Permitting Regime. This will ensure that waste is managed by authorised persons only and will make it easier for people to identify legitimate waste service providers.
- DEFRA is replacing the existing outdated systems for monitoring waste movement by the introduction of digital waste tracking, providing a single UK wide platform to track waste movements in near real time.
- The manner in which Waste Permit exemptions are issued is being substantially reformed to tackle the causes of repeated abuse and Exemption Permit holders will now be required to maintain stricter records.
Tougher Waste Crime Investigations and Prosecutions Ahead
The Government is determined to pursue those who commit waste crimes and has committed to a significant strengthening of enforcement by:
- committing an additional forty-five million pounds for the Environment Agency to spend on waste crime enforcement over the next three financial years,
- creating a new Operational Waste Intelligence and Analysis Unit, consolidating satellite, drone and other visual imagery, financial and criminal data and other intelligence. The aim is to spot unusual activity before it escalates and accelerates enforcement action,
- increasing the capacity of the Joint Unit for Waste Crime which unites regional environment watchdogs, police forces and the National Crime Agency to target serious and organised waste crime,
- increasing the use of cutting-edge technologies, including drones equipped with sophisticated surveillance technology, to map illegal waste dumps and detect changes in waste volumes and to provide reliable evidence to support court prosecutions.
Remediating the Harm Caused by Waste Crime
Where waste crime causes harm, the Government has committed to rectifying the damage by a number of measures including:
- clearing the most egregious illegal waste sites where the waste presents a serious risk to communities or the environment,
- supporting landowners and farmers by exploring insurance models to protect against the cost of illegal dumping,
- developing a Landfill Tax rebate scheme with local authorities so tax liability does not act as a barrier to clearing high risk sites.
Official Comment
Chief Executive of the Environment Agency, Philip Duffy has stated:
“Waste crime is not a new issue, but the threat is evolving and our response needs to move up a gear.
We will act earlier, faster and smarter by shutting down illegal sites before they become established, using our powers decisively to strip rogue operators of their permits, and working with police, HMRC and councils to go after criminal assets.
These measures will ensure we stay one step ahead of waste criminals and protect the communities, businesses and environment that they blight.
But we can’t fight this battle on our own and will need the public’s eyes and ears to report illegal dumping through Crimestoppers or our incident hotline.”
How Can We Help?
KANGS regularly advises and supports clients, both individuals and corporate entities, at every stage of alleged environmental waste offences.
Where you have been, or anticipate that you may be, investigated or charged with an offence under environmental legislation, immediate legal advice is essential. You should not engage in any form of questioning or interview regardless how routine or informal it may appear, without first obtaining advice from our solicitors.
The team at KANGS possesses extensive knowledge and expertise across all aspects of environmental law, gained over many years of representing clients facing alleged breaches of environmental law.
Whether you are facing an investigation into alleged waste crime offences such as fly-tipping or operating an illegal waste site, and have been asked to attend a voluntary interview, or are facing proceedings under the Proceeds of Crime Act 2002 (POCA), our lawyers will help you navigate any issues you encounter.
If we can be of assistance, please do not hesitate to contact us using the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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