Increased fixed penalties for environmental offences
The Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2026 came into force on 1 September 2026.
The amendment increases the upper limit of the fixed penalty that may be issued for a waste deposit offence from £1,000 to £5,000. It also increases the upper limit of a fixed penalty for littering to £750.
Digital Waste Tracking mandate
The Digital Waste Tracking (DWT) mandate will come into force on 1 October 2026.
Under the mandate, every operator of a permitted waste receiving site in England must record every load of waste received on DEFRA's Digital Waste Tracking service. Records must be entered by the end of the second working day following receipt of the waste.
The mandate does not replace waste transfer notes or hazardous waste consignment notes.
Consultation on conditional caution powers for fly-tipping offences
DEFRA is consulting on proposals to give local authorities powers to issue conditional cautions to fly-tipping offenders as an alternative to prosecution.
As part of the consultation, DEFRA is seeking information on:
- The likely impact on prosecutions.
- Implementation requirements.
- Costs and savings associated with offender-led clean-up work.
- Which organisations are best placed to supervise such activity.
- Any unintended or environmental consequences.
- Whether alternative measures would be more effective at deterring fly-tipping.
The consultation closes on 16 October 2026.
Key takeaways
Recent developments include higher fixed penalties for certain environmental offences, new digital waste tracking requirements for permitted waste receiving sites and proposals that could give local authorities additional enforcement options for fly-tipping offences.
Organisations affected by these changes should be aware of the relevant implementation and consultation dates.
