This Update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in the past month. 
Items are set out by subject, with a link to where the full document can be found on the internet. All links are correct at the date of publication.

If you have been forwarded this update by a colleague and would like to receive it direct please email Claire Booth.

The following topics are covered in this update:

   Animal By-Products    Wales
   Infrastructure    Waste Collection
   Recycling    Waste Management

Animal By-Products

DEFRA: Controls on animal by-products: this guidance advises on complying with the requirements of EU Regulation 1069/2009 and its implementing Regulation 142/2011, both of which are directly applicable in all EU Member States from 4 March 2011. It accompanies the new Animal By-Products (Enforcement) (England) Regulations 2011 (SI 2011/881), in force 23 March 2011, that administer and enforce the EU Regulations, and replace SI 2005/2347. The Regulations provide for offences for failure to comply with the EU Regulations and are enforced by local authorities. The national legislation also provides for certain derogations and national rules which the EU rules permit Member States to exercise. (3 March 2011)

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Cabinet Office: Major Projects Authority – improving project performance for the taxpayer: the Cabinet Office has launched the Major Projects Authority (MPA), a partnership between the Cabinet Office and HM Treasury that aims to significantly improve the delivery success rate of Major Projects across central government. A “Major Project” is a central government funded project or programme that requires HM Treasury approval. The MPA will scrutinise projects, ensure accountability and inform the Treasury’s decisions on whether to approve projects. (31 March 2011)

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WRAP: Compost good practice guide for the use of BSI PAS 100 compost in landscape and regeneration: outlines good practice for the use of quality compost across a host of building, civil engineering, landscaping and regeneration projects. (22 March 2011)

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Recycling, Preparation for Re-use and Composting Targets (Definitions) (Wales) Order 2011 (SI 2011/551 (W.77)) : this Order, which comes into force on 30 March 2011, sets out when local authority municipal waste is recycled, prepared for re-use and composted for the purposes of the statutory targets under s.3 of the Waste (Wales) Measure 2010. (1 March 2011)

Welsh Assembly Government: Collections, infrastructure and markets sector plan for consultation: seeks views on a draft plan that supports the overarching waste strategy document for Wales ‘Towards Zero Waste’. The plan aims to ensure that clean, high quality recyclate from Wales is processed and used in Wales, as far as possible. It identifies where improvements in recyclate collection are needed and where opportunities to develop infrastructure and recyclate markets exist. The plan should help to development infrastructure by demonstrating such investments are needed. The consultation closes on 10 June 2011. (10 March 2011)

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Waste Collection

HM Revenue & Customs: VAT treatment of commercial waste collection services provided by local authorities: announces that, following a review of the VAT treatment of local authority commercial waste collection services, HMRC has concluded that these services are outside the scope of VAT. After taking legal advice, they consider that s.45(1) EPA 1990 could be said to create a ‘special legal regime’ for VAT purposes; however, there is no evidence that this would result in ‘significant distortions’ of competition referred to in the second part of Art.13(1) of the Principal VAT Directive. (9 February 2011)

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Waste Management

Waste (England and Wales) Regulations 2011 (SI 2011/988): these regulations, which came into force on 29 March 2011, implement the revised Waste Framework Directive 2008/98 in England and Wales by revising or repealing the existing legislation relating to the three predecessor Directives (i.e. the Waste Framework Directive 2006/12, the Waste Oils Directive 75/439, and the Hazardous Waste Directive 91/698). They also  add new freestanding provisions to the existing legislation to ensure compliance with the revised Directive. (28 March 2011)

Environment Agency: Waste Framework Directive – changes for waste carriers, brokers and dealers: sets out some minor changes being introduced by the new Waste (England and Wales) Regulations 2011 that will have an impact on anyone who moves or arranges the movement of waste. (14 March2011)

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