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Don't be a Victim of Fraud
We have encountered several instances of fraud perpetrated against clients that have lead to prosecutions under the ‘duty of care’ legislation. In one instant a fake permit was being used and in another a fake carrier registration and fake plates on the vehicle. In both cases our clients were the unwitting victims having transferred waste to these fraudsters and then prosecuted under duty of care legislation.
The duty of care involves taking reasonable measures to prevent a waste contravention under S 33 EPA 1990 or regulation 12 EPR 2016, to prevent an escape of waste and ensure that any waste transfer is only to an authorised person and that there is a sufficient description of the waste. Under duty of care guidance (see https://www.gov.uk/government/publications/waste-duty-of-care-code-of-practice/waste-duty-of-care-code-of-practice) ‘reasonable measures’ includes checking whether a waste carrier is registered on the Environment Agency’s online public register of waste carriers, brokers and dealers using their registration number, business name, or postcode or by calling 03708 506 506.
The site can also be used to find registered carriers near you. In Wales you can check on the Natural Resources Wales public register of carriers, brokers and dealers or call 0300 065 3000. Whilst the online registers are by no means infallible or up to date they do offer a quick means of checking and validating the carrier is registered or the site the waste is being transferred to is permitted or is exempt. You can also call the Environment Agency or Natural Resources Wales.
The duty of care involves taking reasonable measures to prevent a waste contravention under S 33 EPA 1990 or regulation 12 EPR 2016, to prevent an escape of waste and ensure that any waste transfer is only to an authorised person and that there is a sufficient description of the waste. Under duty of care guidance (see https://www.gov.uk/government/publications/waste-duty-of-care-code-of-practice/waste-duty-of-care-code-of-practice) ‘reasonable measures’ includes checking whether a waste carrier is registered on the Environment Agency’s online public register of waste carriers, brokers and dealers using their registration number, business name, or postcode or by calling 03708 506 506.
The site can also be used to find registered carriers near you. In Wales you can check on the Natural Resources Wales public register of carriers, brokers and dealers or call 0300 065 3000. Whilst the online registers are by no means infallible or up to date they do offer a quick means of checking and validating the carrier is registered or the site the waste is being transferred to is permitted or is exempt. You can also call the Environment Agency or Natural Resources Wales.
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At Dyne Solicitors, we provide legal support that covers various specialist areas, including Waste Management & Environmental Law. Our team of specialist solicitors are experts in Waste & Environmental legislation and can provide full legal support and advice to help resolve issues and disputes. To find out more about Dyne Solicitors and our Waste Management legal support services, click the button below.
