Jurisdiction(s):
United Kingdom

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Key definition

Waste duty of care definition

What does Waste duty of care mean? In legal practice, the waste duty of care is the continuing obligation on anyone who produces, imports, carries, keeps, treats, brokers, deals in or disposes of waste to take reasonable measures to prevent environmental harm and to ensure waste is managed lawfully from creation to recovery or disposal. In England & Wales and Scotland it is a statutory duty under the Environmental Protection Act 1990, s.34, applying to controlled waste and supported by a Code of Practice. It requires: preventing unauthorised or harmful deposit, treatment or disposal; preventing the escape of waste; transferring waste only to authorised persons (e.g. registered...

Waste duty of care: classification, coding and hazardous assessment (WM3), List of Waste, GB MCL and GB/NI CLP

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Practice notes

Introduction

Under section 34 of the Environmental Protection Act 1990 (EPA 1990), as amended, from time to time, the Waste duty of care obliges all waste ‘holders’ to fulfil requirements and follow procedures designed to protect the environment and prevent harm from the moment waste is produced at source through to its eventual recovery or disposal. A central obligation is to supply a written description of the waste so that, in practice, every holder can continue to ensure fully legal compliance with the other elements of the Duty of care. For more information and guidance, see: Waste duty of care—overview. Distinct rules apply when handling hazardous waste and when managing POPs waste (waste with a high concentration of persistent organic pollutants, ‘POPs’). For more on POPs, see Practice Note: Persistent organic pollutants (POPs). Annex III to the Waste Framework Directive 2008/98/EC (WFD 2008) sets out the properties of waste that would make it hazardous. This Practice Note refers to EU legislation and to case law of the Court of Justice of the European Union (CJEU). For guidance on the extent to which judgements of the CJEU bind UK courts, see Practice Note: Assimilated law. Over time, guidance on aspects of...

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Web page updated on 22/05/2026

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