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:

   Competition    Producer Responsibility
   Contaminated Land    Recycling
   Hazardous Waste    Waste Minimisation
   Permitting and Licensing


OFT: A guide to the OFT's investigation procedures in competition cases: the OFT has issued updated guidance on its investigation procedures in competition cases that sets out new decision-making processes and procedural enhancements to boost the speed and robustness of Competition Act 1998 investigations and increase engagement with parties involved. (16 October 2012)

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Contaminated Land

DEFRA: Expert Panel set up to support local authorities on contaminated land decisions: announces that DEFRA has set up a national panel of contaminated land experts, including local authorities and the Environment Agency, to support local authorities in making decisions on whether land is or is not contaminated. The panel’s work will focus on cases that are not straightforward and where there is a question mark over whether the land is considered legally contaminated or not. The panel will be chaired by Andrew Wiseman. (24 October 2012)

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Hazardous Waste

R v Ezeemo [2012] EWCA Crim 2064 (CA): the Court of Appeal has dismissed appeals by E and six others against convictions for  offences of transporting hazardous waste to a non-OECD country (Nigeria), contrary to reg.23 of the Transfrontier Shipment of Waste Regulations 2007. The court upheld the judge’s ruling that the offence was one which imposed strict liability so the prosecution was not required to prove against any defendant knowledge that the product transported was waste within the meaning of reg.23. (16 October 2012)

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Permitting and Licensing

Environment Agency: The temporary secure storage of fly-tipped waste and waste from trash screens and public litter bins, other than at the site of production: this Regulatory Position Statement sets out when the Agency will not require a permit and will not take enforcement action regarding the temporary secure storage of fly-tipped waste and waste from trash screen clearance and public litter bins, at a site other than where it was produced, pending recovery or disposal of it elsewhere. (31 October 2012)

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Producer Responsibility

Draft Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2012: these regulations, once in  force, amend SI 2007/871 by including packaging waste recovery and recycling targets for 2013-7, and introducing split targets for glass based on the end use. (24 October 2012)

WRAP: Over 100 hospitality and food service companies sign up to Hospitality and Food Service Agreement: announces that more than 100 organisations (including schools, hospitals, staff canteens, restaurants, pubs and hotels) have signed up to a voluntary agreement to cut food and associated packaging waste and increase recycling. The agreement aims to cut food and associated packaging waste produced by the hospitality and food sector by 5% and increase the overall rate of food and packaging waste that is being recycled, sent to anaerobic digestion or composted to 70% by 2015. (17 October 2012)

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WRAP: Recycle on the go in England: new guidance to help organisations make it easier for people to recycle while they’re out and about . The guidance includes a wide range of information including how to label the bins, how to promote a recycling on the go scheme, different scheme options, and legislative requirements. (31 October 2012)

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Waste Minimisation

Welsh Government: One year on and Wales’ 5p bag charge is a winner: the Welsh Environment Minister has announced that since the carrier bag charge was introduced in October 2011, carrier bag use in Wales has reduced by as much as 96% in some retail sectors, and a recent survey of attitudes indicated that the charge is now supported by around 70% of people in Wales. Scotland and Northern Ireland are also looking at whether at mandatory charge for single use bags could work for them. (1 October 2012)

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