Part 3: Waste and Resource Efficiency Section 58: Electronic waste tracking: Great Britain New section 34CA Electronic waste tracking
Subsection (1) introduces a power to make regulations, exercisable by the relevant national authority (the Secretary of State in England, Welsh Ministers in Wales and Scottish Ministers in Scotland), in order to track certain types of waste, including establishing an electronic waste tracking system.
	Subsection (2) allows the regulations to impose requirements on relevant waste controllers (as defined in subsection (12)) in relation to waste tracking. The regulations may also impose requirements on the Environment Agency, Natural Resources Wales or the Scottish Environment Protection Agency. The requirements may include ensuring that specified information about waste and the tracking or regulation of that waste is entered onto the electronic system established under the regulations.
	Subsection (3) contains non-exhaustive examples of the information that the regulations can require persons subject to the regulations to enter onto the electronic system. Those examples include information about how waste is processed or treated, where waste has moved to and to whom waste has transferred. It also includes the same information in relation to material that has been produced as a result of the processing or treatment of waste ("relevant waste products") and information about relevant waste controllers.
	Subsection (4) allows the relevant regulations to require persons in control or in possession of waste to ensure waste that is on or is going to be on the system can be physically identified – for example, by tracking waste tyres using radio-frequency identification.
	Subsection (5) allows the regulations to make provision for third parties, rather than those in possession or control of the waste, to carry out their duties under the regulations. The regulations may impose requirements on such third parties where those in possession or control of the waste make such arrangements with third parties.
	Subsection (6) contains a duty on the relevant national authority that regulations made in relation to electronic waste tracking must include exemptions from the duties under the regulations for digitally excluded persons. These are persons who, either for religious or practical reasons – for example, age, disability or location – cannot use the electronic system. The regulations may impose alternative requirements on such persons.
	Subsection (7) allows the regulations to appoint someone else to set up, administer, or maintain the electronic system. The regulations may also give functions to that person.
	Subsection (8) allows the regulations to determine how information about the relevant waste on the system is used, who may access it and what limits should be placed on how that information is used by those who have been given access to it.
	Subsection (9) allows for the introduction of fees or charges on anyone subject to the regulations. The regulations may state to whom the fee should be paid.
	Subsection (10) allows for those fees or charges to reflect the costs of establishing, operating or maintaining the waste tracking system, or any other cost associated with tracking relevant waste incurred by the person designated to establish, operate or maintain the system.
	Subsection (11) allows the relevant national authority to provide a grant or loan to the person chosen to set up, maintain or run the waste tracking system.
	Subsection (12) provides definitions of "digitally excluded person", "extractive waste", "relevant national authority" and "relevant waste". A "digitally excluded person" is defined as a person who, either for religious or practical reasons – for example, age, disability or location – cannot use the electronic system "Extractive waste" is defined as having the meaning given to it in section 29(13) of the Environmental Protection Act 1990 in England and Wales, and in the Management of Extractive Waste (Scotland) Regulations 2010 in Scotland. "Relevant national authority" is defined as the Secretary of State in England, Welsh Minsters in Wales, and Scottish Ministers in Scotland. "Relevant waste" is defined as controlled or extractive waste (and controlled waste is defined in section 75(4) of the Environmental Protection Act 1990).
	Subsection (12) also provides definitions of "relevant waste controller", "specified" and "waste processing product." "Relevant waste controller" is defined as a person who is subject to section 34(1) of the Environmental Protection Act 1990 or a person who imports, produces, keeps, treats, manages or disposes of extractive waste or acts as a broker of or dealer in such waste. The relevant waste controller definition also includes persons who export controlled waste or extractive waste. "Specified" is defined as meaning specified or described in the regulations. "Waste processing product" is defined as any product (including material that is not waste) that results from processing controlled waste or extractive waste.