Business Waste Disposal - Duty of Care

Business Waste - Legal Framework & Duty of Care

The Environmental Protection Act 1990 and related legislation impose a “duty of care” on anyone who produces, stores, transports, or disposes of business (commercial) waste—this includes home-based businesses. 
        
Under Section 34 of the Environmental Protection Act, businesses must:
        

• Prevent illegal or unsafe disposal of waste,
• Keep waste secure and prevent escape,
• Transfer waste only to authorised persons or licensed carriers,
• Provide a written waste transfer note with each transfer, and
• Keep these notes for at least two years.
• Provide Consignment Notes (CNs) which are required for hazardous waste.
• Keep records of CNs for 3 years.

Contracts with carriers/waste management companies should be in writing.

The duty of care framework applies to any business activity, regardless of location.

Whether you're running a business from a home office, a garage, or brick-and-mortar premises, you're equally responsible for proper waste disposal.