Case Explained: NRW has never used its unique legal powers to stop waste crime – Legal Perspective

Natural Resources Wales has never applied for a restriction order, a unique enforcement power to shut down illegal waste sites within 72 hours, since being given the power to do so in 2018.

A restriction order is a court-mandated measure in England and Wales that prohibits access to and, more importantly, the importation of waste into specific premises for up to six months.

Environmental law experts have told Circular Online that the powers have the potential to be particularly effective at combating waste crime, as a restriction order application must be heard by a Magistrates’ Court within 72 hours.

However, information obtained by Circular Online shows that Natural Resources Wales (NRW), the government-sponsored body responsible for regulating the environment in Wales, has never applied for a restriction order since being granted the power to do so under the Environment Act in 2018. 

Restriction orders can be obtained by NRW and the Environment Agency, which only applied for six restriction orders between 2018 and 2025.

However, the Agency has begun to use the powers more widely this year, shutting down five illegal waste sites with restriction orders in 2026.

A spokesperson for Natural Resources Wales (NRW) told Circular Online that decisions on which enforcement tools to use are made on a ‘case-by-case basis’.

They continued that NRW only apply enforcement powers where supported by evidence, and it is ‘proportionate and necessary’ to stop ongoing illegal activity.

NRW also highlighted that once a restriction order has been secured, it must monitor compliance for the duration that the order is in effect.

The spokesperson said: “Given the resources needed to maintain oversight, the use of these powers must be balanced against other enforcement approaches that may achieve the same or a better outcome.”

Circular Online spoke to three environmental law experts who all said there was a case for NRW to expand the use of restriction orders to combat waste crime.

One environmental law expert based in Wales, who wished to remain anonymous, said that ‘practical and institutional’ issues and a lack of funding may be factors in why restriction orders have not been used. 

Samantha Riggs, defence barrister at 25 Bedford Row, said she was ‘at loss to understand’ why the enforcement powers have not been utilised.

Dr Anna Willetts, gunnercooke, who gave evidence to last year’s House of Lords’ inquiry into waste crime and called on the Environment Agency to widen its use of restriction orders, was also critical of NRW’s enforcement strategy.

She told Circular Online that if NRW becomes aware of an illegal waste site, there is ‘clearly a case’ for it to use restriction orders, calling them a ‘powerful enforcement tool’.

Willetts also suggested it could only be that ‘institutional reasons’ were a factor in NRW’s reluctance to apply for restriction orders.

The spokesperson for NRW said: “Restriction notices are an important tool in appropriate circumstances, but they are considered alongside a range of other interventions.”

“Alongside these protective measures, we may also consider other enforcement actions, including prosecution.”

They continued that, where possible, it aims to work collaboratively with operators and landowners to secure voluntary compliance.