MJCA
9 Contributions by MJCA Experts
PRACTICE NOTES
By-product or waste?
Working out whether a substance or item counts as waste can be intricate. See Practice Note: Meaning of waste—what is waste? The task may require judging if the material is a product/by-product, or instead a production residue. The expression ‘by-product’ lacks a definition in domestic legislation, and production residues are especially hard to evaluate...
Environment
PRACTICE NOTES
The Waste (England and Wales) Regulations 2011
The Waste (England and Wales) Regulations 2011 (SI 2011/988) gave effect in domestic law to the Waste Framework Directive 2008/98/EC (WFD), as updated in 2018. Earlier Directives were put into practice through a suite of Acts and Regulations, among them:
the Environmental Protection Act 1990, notably section 34 on the duty of care owed by those handling waste
the Control of Pollution (Amendment) Act 1989 and the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 (SI 1991/1624), addressing registration of waste carriers
the Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154), covering permits for waste disposal and recovery activities
the Hazardous Waste (England and Wales) Regulations 2005 (SI 2005/894), the Hazardous Waste (Wales) Regulations 2005 (SI 2005/1806 (W.138)), and the Hazardous Waste (England and Wales)
Environment
PRACTICE NOTES
Introduction
The Waste (England and Wales) Regulations 2011, SI 2011/988 (Waste E&W Regs 2011), represents a significant waste law, although not the only one. It brought many of the requirements of the Waste Framework Directive 2008/98/EC, as amended (WFD 2008), into domestic legislation within England and Wales...
Environment
PRACTICE NOTES
Waste—regulatory framework
The Waste (England and Wales) Regulations 2011, SI 2011/988, brought the obligations of the Waste Framework Directive 2008/98/EC (WFD) into domestic law in England and Wales. Earlier Directives were implemented through a range of Acts and Regulations, including, among others:
Environmental Protection Act 1990, in particular s 34, which addresses the ‘duty of care’ imposed on those responsible for waste
Control of Pollution (Amendment) Act 1989 and the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991, SI 1991/1624, covering registration arrangements for waste carriers
Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154, addressing the permitting of waste disposal and recovery operations and related activities
Hazardous Waste (England and Wales) Regulations 2005, SI 2005/894; Hazardous Waste (Wales) Regulations 2005, SI 2005/1806 (W.138); and Hazardous Waste (England and Wales) (Amendment) Regulations 2016, SI 2016/336, also governing hazardous waste
Town and Country Planning Act 1990 and the
Environment
PRACTICE NOTES
Definition of Waste
'Waste' is described in the Waste Framework Directive, Directive 2008/98/EC (WFD), as any material or item that the holder discards, plans to discard, or must discard. For further details, see Practice Note: Meaning of waste—what is waste? Waste Framework Directive 2008/98/EC (as amended in 2018) (WFD). The Waste (England and Wales) Regulations 2011, SI 2011/988, gave domestic effect to the WFD’s requirements in England and Wales under domestic law...
Environment
PRACTICE NOTES
Introduction
Waste is defined as ‘any substance or object which the holder discards or intends or is required to discard’. Assessing whether something amounts to waste is complex and usually calls for a case-by-case evaluation of whether the holder has discarded an item, intends to do so, or is obliged to discard it. The term ‘discard’ must be construed in light of legislative provisions addressing the harmful effects of waste and the protection of the environment and human health. Nonetheless, some materials lie outside the scope of waste. This Practice Note describes the provisions dealing with matters excluded from the statutory definition of waste.
See also the following Practice Notes:
Meaning of waste—what is waste?
Meaning of waste—definition of waste
Waste projects—overview
Environmental Permitting Regulations 2016—waste installations, waste operations and exempt waste
Environment
PRACTICE NOTES
What is the ‘waste hierarchy’?
Under the Waste (England and Wales) Regulations 2011, SI 2011/988, reg 12, any establishment or undertaking that imports, produces, collects, transports, recovers or disposes of waste—or that, as a dealer or broker, has control of waste—must, at the point of transfer, take all measures reasonably available in the circumstances to apply the following hierarchy in order of priority:
prevention
preparing for re-use
recycling
other recovery (eg energy recovery)
disposal
The Waste (England and Wales) Regulations 2011 transposed the requirements of the Waste Framework Directive 2008/98/EC (WFD) into domestic law...
Environment
PRACTICE NOTES
Meaning of recovery
The term ‘recovery’ is set out in paragraph 2 of Part 1 of Schedule 9 to the Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154). It carries the same meaning as in the Waste Framework Directive 2008/98/EC, as amended by Directive (EU) 2018/851, and associated terms are to be interpreted accordingly.
In the WFD, ‘recovery’ means any operation where the main outcome is that waste delivers a useful purpose by:
replacing other materials that would otherwise be used to fulfil a particular function within a plant or in the wider economy, or
being prepared to fulfil a particular function within a plant or in the wider economy
Annex II to the WFD provides a non-exhaustive list of recovery operations. Recovery is a central element of waste management under the WFD and, together with disposal activities, constitutes waste treatment as defined. Accurately
Environment
PRACTICE NOTES
Waste indicators guidance
The EA has issued guidance ‘Check if your material is waste’, which assists in judging whether a material is waste, a ‘by-product’, or attains ‘end of waste’ status. As we move towards a more circular economy, waste indicators have evolved to support resource efficiency and productivity. For more on the circular economy, see Practice Note: Circular Economy and Resource Efficiency.
Positive waste indicators
Production residues
‘Production residues’ are substances not intentionally generated during extraction, production or manufacturing. They are usually regarded as waste unless they meet the tests for ‘by-products’, which are not treated as waste. See Practice Note: Meaning of waste—products and by-products.
In Commission v Italy, three separate enforcement proceedings were brought against Italy for failing to fulfil its obligations under Directive 75/442/EEC (as amended), and were heard by the same court on the same day. Each matter addressed different issues, although the core
Environment
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