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Updated Sep 1, 2010

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Waste Regulations for England and Wales

Defra has launched the second stage of its consultation on the transposition of the revised Waste Framework Directive 2008/98/EC, which aims to address draft Waste Regulations for England and Wales. It is hoped that this legislation will come into force in December 2010.

The consultation reflects on aspects of the Waste Framework Directive that are most likely to impact on businesses, such as introducing the new five-step waste hierarchy, which is a priority order for carrying out waste prevention and management legislation. This includes prevention, preparing for re-use, recycling, other recovery and disposal. The duty to manage waste in accordance with the hierarchy will be filtered down into all stages of waste management. Defra is also considering applying the hierarchy at the environmental permitting stage.

Amendments are also to be made to the duty of care regime so waste producers will be required to declare they have taken the hierarchy into account when disposing of their waste. This declaration will be added to the waste transfer note certifying they have considered the hierarchy in minimising waste, as well as in their decision about the treatment which the waste is being consigned to. As a result, the Environmental Protection (Duty of Care) Regulations SI 1991/2839, the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations SI 1991/1624 and the Waste Management Licensing Regulations SI 1994/1056 will all be revoked in England and Wales.

The consultation also sets out Defra’s aim to promote high quality recycling through separate collections for paper, metal, plastic and glass, with measures to address commercial and industrial waste as well as household waste. A legal requirement is therefore being proposed on waste companies to offer such collections to businesses from 2015 as well as from households.

For further information on this consultation, visit: http://www.defra.gov.uk/corporate/consult/waste-framework-revised/index.htm.


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