This Update contains brief details of 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 inMarch 2013.
This Update contains brief details of 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:
|Finance||Shipment of Waste|
|Municipal Waste||Waste Collection|
|Permitting and Licensing||Waste Minimisation|
HM Treasury: Budget 2013: the Chancellor has delivered his Budget for 2013, which is set out under the themes of economy and public finances, growth and fairness. Key points relevant to the environmental and waste sector are:
Alongside the Budget, HMT has published a National Infrastructure Plan Update 2013 that sets out the progress that has been made on the Top 40 priority infrastructure investments identified in the National Infrastructure Plan 2011. (21 March 2013)
Environment Agency: Industrial Emissions Directive – Our approach to environmental permitting: the Environmental Permitting (England and Wales) (Amendment) Regulations 2013 (SI 2013/390), in force 27 February 2013, transpose the requirements of the Industrial Emissions Directive 2010/75 (IED). This briefing summarises how anyone seeking a permit for a new activity which is covered by the IED will be an 'industrial installation' and will need to comply with IED. All existing IPPC installations will be subject to IED from 7 January 2014. In addition, a significant number of existing activities are brought into installation permitting; for existing waste operations that will be newly subject to IED this permitting will need to be done by 7 July 2015. (27 March 2013)
Welsh Government: Planning for Waste – Revision to Chapter 12 of Planning Policy Wales and Technical Advice Note 21: seeks views on proposed changes to Welsh planning policy to help deliver waste infrastructure in Wales. The principal changes are:
The consultation closes on 14 June 2013. (21 March 2013)
DEFRA: Improving enforcement and control of the waste exports regime: seeks views on draft Transfrontier Shipment of Waste (Amendment) Regulations 2013 that would amend and update SI 2007/1711, which supplements the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal and the EC Waste Shipment Regulation 1013/2006. The consultation closes on 10 May 2013. The main changes are:
(18 March 2013)
R (UK Recyclate Ltd & 6 others) v Secretary of State for
Environment, Food and Rural Affairs  EWHC 425 (Admin) (Admin
Ct): the seven claimants, who were all commercially involved in
recycling and reprocessing, formed the Campaign for Real Recycling.
They applied for judicial review of the UK's implementation of the
revised Waste Framework Directive 2008/98 (WFD) insofar as it
required the separate collection of certain types of waste, namely
paper, metal, plastic and glass, by 2015. The claimants argued that
the Waste (England and Wales) Regulations 2011 (SI 2011/988) failed
to properly transpose the obligations under Art.11(1) WFD. They
submitted that, as a matter of law, the UK Government could not
leave the decision as to whether separate collection of the four
waste streams was technically, environmentally and economically
practicable (TEEP) to be determined by a local authority on the
basis of particular collection circumstances, or by an agency such
as the Environment Agency, but that such a determination should be
a one-off decision, applicable across the whole of the UK and,
certainly, throughout England and Wales, in all circumstances of
The court held, dismissing the application, that: the revised WFD had been properly transposed into domestic law by the amended 2011 Regulations; the obligation to set up separate collections of paper, metal, plastic and glass from 2015 was only necessary where it was TEEP; it was correct that local authorities make decisions regarding TEEP and whether separate collections will be made in their areas, as they were uniquely placed to take into account local circumstances; and a reference to the European Court of Justice was not necessary or appropriate. (6 March 2013)
For more details, see our alert: Commingled waste collection – to stay (for now!) as the High Court finds against the Campaign for Real Recycling.
The Campaign for Real Recycling has since announced that they do not intend to appeal the decision. It is anticipated that Hickinbottom J's decision will form the basis of guidance to be issued by DEFRA that will clarify the legal obligations of local authorities in relation to the collection of dry recyclables, such as metal, paper, plastic and glass - see our further alert Certainty for the waste industry.
DEFRA: Waste prevention programme for England – Call for evidence: seeks views to support the development of a comprehensive Waste Prevention Programme for England (WPP) that takes forward a commitment in the Government Review of Waste Policy in England 2011 and fulfils a requirement of the revised Waste Framework Directive 2008/98. This Call for Evidence sets out the Government’s understanding of the available data and other insights on the current situation and barriers to reducing waste arisings in England through waste prevention, re-use and repair activities. This is a priority for DEFRA and the WPP will be published by December 2013. The consultation closes on 29 April 2013. (11 March 2013)
Welsh Government: Waste Prevention Programme: seeks views on developing a Waste Prevention Programme that will build on the policies and targets outlined in Wales’s overarching waste strategy, Towards Zero Waste. The programme proposes to help businesses become more competitive by reducing waste and cutting costs as well as setting out how people can save money and help the environment if they buy wisely and reduce the amount they throw away. The Waste Prevention Programme sets out the importance of living sustainably and outlines the benefits of reusing and repairing products or buying goods that have a longer life span. It also sets out how people can save money by supplying and buying from charity shops, car boot sales and by swapping or shopping for used items online. The consultation closes on 20 June 2013. (28 March 2013)
Welsh Government: Draft industrial and commercial sector plan: seeks views on proposals to manage and treat waste produced by Wales’s commercial and industrial sector, which is a significant contributor to Wales’s ecological footprint, producing 3.6m tonnes of waste in 2007 alone. The Industrial and Commercial Sector Plan emphasises the important role that small and medium-size businesses play in the Welsh supply chain and sets out proposed support for SMEs. (28 March 2013)
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