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A bill to Require large companies to appoint a named director responsible for compliance with statutory waste duty of care obligations; to make such companies financially responsible for the clean-up and clearance of waste they have generated or controlled where that waste is mismanaged and the duty of care has not been discharged; and for connected purposes.

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Named director for waste compliance¶

(1) Every large company (“a company”) must appoint one named director responsible for the company’s compliance with the waste duty of care.

(2) The named director must take reasonable steps to ensure that the company has effective systems and controls in place to ensure compliance with the waste duty of care.

(3) Reasonable steps under subsection (2) include the use of risk assessments and due diligence processes when contracting services.

(4) The named director must—

(a) ensure that the company has effective reporting arrangements in respect of the systems and controls under subsection (2), and

(b) report annually to the board of the company on the extent to which the company has met the waste duty of care.

(5) The company must keep a written record of the appointment of the named director and their responsibilities.

(6) The appointment may be held by an existing director or by a director appointed for that purpose.

(7) Regulations may prescribe one or more conditions to define a large company.

(8) In this Act—

large company means a company that is subject to the waste duty of care and satisfies one or more conditions prescribed in regulations under subsection (7);

waste has the meaning given by section 75 of the Environmental Protection Act 1990;

waste duty of care means the duty of care under section 34 of the Environmental Protection Act 1990 and any regulations or code of practice made under or for the purposes of that section.

2 Duty to notify and maintain records¶

(1) A company must notify the regulator of the identity of its named director.

(2) A company must notify the regulator of any material breach of the waste duty of care and any reasonable suspicion of criminal activity in their supply chain which relates to waste.

(3) The company must keep records sufficient to demonstrate compliance with the waste duty of care for a period of at least six years, or such longer period as may be prescribed in regulations.

(4) The records under subsection (3) include records relating to the transfer, storage, treatment, disposal, and final destination of relevant waste.

(5) In this section, the “regulator” is—

(a) in England, the Environment Agency;

(b) in Wales, Natural Resources Wales.

(6) Regulations may amend the definition of “regulator” in subsection (5).

3 Liability for mismanaged waste¶

(1) Where a company has generated or had control of waste and that waste is mismanaged, the company is liable for the costs of clean-up and clearance.

(2) Liability under subsection (1) arises where the company has failed to discharge the waste duty of care in relation to that waste.

(3) The amount for which the company is liable includes costs (“recoverable costs”) incurred by a public authority, landowner, or other person in—

(a) removing the waste,

(b) securing the site,

(d) restoring the affected land, water, or other environmental asset.

4 Recovery of costs¶

(1) A relevant authority, landowner, or other person who has incurred recoverable costs within section 3 (3) may recover those costs as a civil debt.

(2) A court may apportion liability where more than one company generated, had control of or caused the mismanagement of the waste.

(3) Regulations may make further provision about assessment, recovery, and apportionment of costs.

5 Offences and enforcement¶

(1) A company that fails without reasonable excuse to comply with section 1 or 2 of this Act is guilty of an offence.

(2) An appointed named director, as set out in section 1 of this Act, who knowingly or recklessly provides false or misleading information for the purposes of this Act is guilty of an offence.

(3) A company, or an appointed named director, guilty of an offence under this section is liable on summary conviction or on conviction on indictment to a fine of up to level 5 on the standard scale.

(4) Proceedings for an offence under this Act may be brought by the regulator.

6 Further provision¶

The Secretary of State may, by regulations and in connection with this Act or a section of this Act—

(a) specify categories of waste or company that are exempt from the requirements of this Act;

(b) make provision for notices, forms, and evidential requirements;

7 Regulations¶

(1) A power to make regulations under any provision of this Act includes power to make—

(a) consequential, supplementary, incidental, transitional or saving provision;

(b) different provision for different purposes.

(2) Regulations under this Act are to be made by statutory instrument.

(3) Regulations under this Act are to be made by the Secretary of State.

(4) Subject to subsections (5) and (6), regulations may not be made under this Act unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(5) A statutory instrument containing regulations under section 6 (b) is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Subsection (4) does not apply to section 9.

8 Extent¶

This Act extends to England and Wales.

9 Commencement¶

(1) This section and sections 7, 8 and 10 come into force on the day on which this Act is passed.

(2) The other provisions come into force on such day or days as the Secretary of State may by regulations appoint.

10 Short title¶

This Act may be cited as the Corporate Waste Responsibility Act 2026.