Controlled waste meaning

In this issue: UK private actions UK National Security and Investment Act 2021 UK competition policy UK market investigations UK mergers EU antitrust EU State aid Daily and weekly news alerts Caselex UK private actions CAT makes collective proceedings order granting Vicki Shotbolt permission to commence collective damages action against Valve On 11 March 2026, the CAT issued a collective proceedings order (CPO) in Vicki Shotbolt Class Representative v Valve Corporation, following an application by Vicki Shotbolt Class Representative Limited (the CR) under section 47B of the Competition Act 1998 against Valve Corporation (Valve). Earlier, on 26 January 2026, the CAT determined that the CR could pursue collective proceedings for damages against Valve, the operator of Steam, a PC game distribution platform, alleging abuse of dominance through price parity clauses, anti-steering restrictions, and imposing unfair and excessive commission rates on publishers...

In this issue: King’s Speech Decisions to prosecute and alternatives to prosecution Criminal procedure and evidence Appeals and judicial review Bribery, corruption, sanctions and export controls Environmental offences Financial services and pensions offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Insolvency offences and Companies Act offences Money laundering International Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information King’s Speech Law Society comments on what King’s Speech 2024 means for law and justice The Law Society of England and Wales has set out its view on the 2024 King’s Speech and its implications for law and justice. It welcomes the new government’s focus on the criminal justice system, backs fresh measures to strengthen the response to violence against women and girls, and is encouraged by plans to modernise the Mental Health Act 1983....

Antitrust AG considers Latvian municipality not an ‘undertaking’ under Article 102 TFEU when organising in-house waste management Advocate General (AG) Campos Sánchez-Bordona issued his opinion in Case C- 11/25 Jelgavas valstspilsētas pašvaldība v Konkurences padome, a reference from Latvia seeking clarification on whether Article 102 TFEU extends to a municipality’s decision to organise municipal waste services by directly awarding, via an in-house procedure, a long-term contract to a company in which it holds a majority interest. The AG suggested that the Court of Justice should declare that, where a municipality acts through its public authority prerogatives when organising municipal waste management, it cannot be treated as an ‘undertaking’ for the purposes of Article 102 TFEU. Background In 2004, Jelgava City Council (City Council) set up SIA Jelgavas komunālie pakalpojumi (SIA JKP), retaining 51% of the share capital and thus majority ownership. On 1 November 2004, the City Council entered into an agreement with SIA JKP for the collection and treatment of municipal waste, intended to run until...

Water pollution Polluted water can kill fish and other aquatic life, harm habitats, threaten drinking supplies, lower water quality and foul beaches. Many kinds of contaminant can enter waters—chemicals, microplastics, petrol, oils and fats, ammonia in sewage, mine waste, nitrates from farming and solid waste. Definitions of water ‘Controlled waters’ Relevant territorial waters (seawater to three nautical miles) Coastal waters (eg tidal waters) Inland freshwaters (rivers, streams, watercourses, lakes and ponds) Groundwaters (water stored in rock layers beneath soil) Section 104 of the Water Resources Act 1991 (WRA 1991) ‘Surface water’ Inland waters (all standing or flowing surface water, except groundwater) Transitional waters (partly saline estuaries substantially influenced by freshwater flows) Coastal waters (water up to one mile seaward) The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, SI 2017/407, Sch 1 ‘Groundwater’ — all water below the ground surface...

This Practice Note addresses the duty of care for extractive waste in England and Wales only. For guidance on the duty of care relating to controlled waste, see Practice Note: Waste duty of care—controlled waste. Under section 34(6) of the Environmental Protection Act 1990 (EPA 1990), it is a criminal offence to breach that duty by failing to take all steps that are reasonable in the circumstances. Scope of the extractive waste duty of care EPA 1990, s 34(1A) provides that any person responsible for managing extractive waste must, so far as is reasonable in the circumstances and applicable to them, take measures to: prevent any other person contravening EPA 1990, s 33 in respect of the unauthorised or harmful deposit, treatment or disposal of waste prevent any other person breaching the requirement to hold an environmental permit under the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154, reg 12, or a condition of an environmental permit, and prevent the...

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 Planning and Compulsory Purchase Act 2004, together with subordinate legislation made under...

What is the waste duty of care? Under section 34(1) of the Environmental Protection Act 1990 (EPA 1990), businesses are required to handle controlled waste safely and dispose of it lawfully. This obligation is called the waste duty of care. Controlled waste covers household, industrial and commercial waste, and anything of that kind. In brief, the duty means waste holders must: ensure their waste goes to a suitably permitted facility ensure anyone managing their waste complies with permit conditions prevent the escape of waste transfer waste only to a registered carrier or authorised permit holder provide a written description of the waste when it is transferred Failure to meet these duties is an offence under EPA 1990, s 34(6), and is punishable: on summary conviction, by a fine not exceeding the statutory maximum on conviction on indictment, by a fine Who does the waste duty of care apply to?...