The changes include new provisions covering digital waste tracking (DWT) and the Deposit Return Scheme (DRS).
The consultation opened today (10 August 2026) and will close on 4 October 2026.
The EA said the proposed changes are intended to update its enforcement policy to reflect new legislation and provide greater clarity on how it will use its enforcement and sanctions powers.
The proposals relate to its approach to enforcement undertakings, victims and public interest factors.
According to the agency, its current consistency guidelines for enforcement undertakings have led to “inflexibility” and it wants to adopt a wider-ranging, fair and proportionate approach.
Digital Waste Tracking enforcement
A significant part of the consultation covers the EA’s proposed enforcement approach for DWT.
The Digital Waste Tracking (England) Regulations 2026 come into force on 1 October 2026. From this date, permitted waste receivers in England will be required to use the digital waste tracking system, with the EA responsible for enforcement.
Under the proposed enforcement approach, the EA will be able to use civil sanctions for breaches of the DWT regulations. These include fixed monetary penalties (FMPs), variable monetary penalties (VMPs) and compliance notices.
The proposed FMP for a DWT breach is £1,000.
The EA said it intends to focus these penalties on unintended or accidental administrative breaches which do not cause harm to the integrity of the regime and are not linked to environmental harm.
For more serious breaches, the EA proposed to use VMPs.
Its approach to calculating these penalties will be based on the Sentencing Council’s Definitive Guideline for the Sentencing of Environmental Offences, with adjustments made so that the methodology is appropriate for civil VMPs.
The EA will also seek to recover costs associated with imposing certain civil sanctions. Enforcement cost recovery notices could cover investigation, administration and expert or legal advice.
Deposit Return Scheme proposals
The consultation also proposes the EA’s enforcement approach for DRS.
The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025 became law in January 2025. The EA’s power to regulate the Deposit Management Organisation came into effect on 24 January 2025, while its other DRS enforcement powers will apply from 1 October 2027.
The proposed framework includes civil sanctions, VMPs, compliance notices and enforcement cost recovery notices.
As with DWT, the EA proposed to use a stepped approach to calculating VMPs based on the Sentencing Council’s environmental offences guideline, adapted for civil penalties.
The EA has invited views on whether its proposed approaches are sufficiently clear, fair and proportionate.
letsrecycle.com is hosting the Digital Waste Tracking Conference 2026 on 20 October in London – a dedicated one-day event covering implementation, regulation, technology and enforcement across the mandatory DWT regime. Find out more here.
Register for free to comment