What happens if you do not record waste with Defra
Last checked 26 October 2026
Once recording is mandatory for you, failing to do it is a criminal offence, and the regulators have a range of tools short of prosecution.
What the regulators can do
In England the Environment Agency enforces the rules, in Wales Natural Resources Wales does, and in Scotland SEPA does. In Northern Ireland the regulator is DAERA, once its regulations are made.
- Give formal warnings.
- Serve statutory notices telling you what to put right.
- Issue civil penalties.
- Suspend or revoke a permit, where you have one.
- Prosecute.
Be careful with quoted amounts
Plenty of websites quote fine figures. For carriers, brokers and dealers the detailed rules have not been published, so any figure aimed at your group is a guess. We do not quote one. Read the regulations and the regulator's guidance when they are out.
Separate from tracking
Carrying waste without a valid registration is already an offence, whatever happens with digital tracking. Keeping your registration current matters just as much.
What protects you
- A record made the day the load moves, so nothing is left to memory.
- A reference from Defra for each load, kept with your own record.
- A printout or PDF of each load, to hand if a customer or inspector asks.
Sources
This is general information, not legal advice. Rules change, so check Defra's and your regulator's current guidance before you rely on it. Loadmark is not run by Defra or the Environment Agency.
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