Waste Watch – May 2014

This Update contains brief details of Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in 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:

Enforcement	Waste Carriers
Food Waste	Waste Minimisation
Permitting & Licensing	WEEE
Procurement

Enforcement

R (Allensway Recycling Ltd) v Environment Agency [2014] EWHC 1638 (Admin) (Admin Ct): this case concerned the construction of s.108 of, and Sch.18 to, the Environment Act 1995 regarding powers of entry to authorised persons to enter premises for the purpose of ensuring compliance with pollution control legislation. The issue was whether the Agency had to give at least seven days' notice to the occupiers before executing a warrant at residential premises. AR, who operated a waste composting facility, applied for judicial review of the magistrates' decision to grant warrants to the Agency to enter and inspect AR's business premises and the directors' residential premises. AR submitted that s.108 was clear that, except in an emergency, where it was proposed to enter any premises used for residential purposes, any entry by virtue of s.108 could only be effected after the expiration of at least seven days' notice of the proposed entry given to a person who appears to be in occupation of the premises, and either with the consent of a person who is in occupation of the premises, or under the authority of a warrant by virtue of Sch.18. The Agency submitted that a requirement of notice was inconsistent with Sch.18 where it would defeat the object of the proposed entry.
The court held, refusing the application, that these powers of entry had to do with pollution control. It would be absurd to require seven days' notice where a warrant  for residential premises was issued on the basis that the occupier was temporarily absent from the premises, the case was urgent or where an application for admission to the premises would defeat the object of the proposed entry. As a matter of construction, and taking the provisions of s.108(6) and Sch.18 together, the word "and" at the end of s.108(6)(a) did not require notice to be given in these cases. In the case of residential premises, except in an emergency, any entry by virtue of the section could only be effected after the expiration of at least seven days' notice of the proposed entry given to a person who appeared to the authorised person in question to be in occupation of the premises. The effect of Sch.18, however, was that such notice was not required where entry was effected under the authority of a warrant by virtue of Sch.18 issued under conditions (c), (d) and (e) of para.2(2) of the Schedule. (21 May 2014)

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Food Waste

UNEP: Prevention and reduction of food and drink waste in businesses and households – Guidance for governments, local authorities, businesses and other organisations: this guide, published as part of the SAVE FOOD Initiative and FAO-UNEP Sustainable Food Systems Programme, gives advice on designing effective food waste prevention programmes. It covers scoping, planning, delivering and measuring food waste prevention programmes and activities, beginning with the mapping and measuring of food waste and the development of national or regional policies and measures. In-depth modules then focus on programmes for food waste prevention in households and in the food supply chain. UNEP and FAO are recruiting pilot countries and cities without existing frameworks for food waste prevention to test the this version of the guidance over the coming years. Technical and strategic support will be provided to pilot countries and cities, as they initiate, define, deliver and monitor food waste prevention programmes. (23 May 2014) 

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Permitting and Licensing

Home Office: Scrap Metal Dealers Act 2013 – Determining suitability to hold a scrap metal dealer’s licence: revised statutory guidance for local authorities for use when assessing an application for a scrap metal dealer’s licence under s.3 of the 2013 Act. (20 May 2014)

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Procurement

Norfolk CC: Terms of reference published for Willows independent inquiry: Norfolk CC has published the terms of reference for the independent inquiry to be carried out into its energy from waste contract with Cory Wheelabrator . The inquiry is led by Stephen Revell, the Independent Person to the Authority’s Standards Committee. His remit includes consideration of all matters relevant, especially political and technical, that led to the decision to proceed with and award a contract to build a power and recycling facility at the Saddlebow site; whether the contract process Norfolk entered into differed in any way from other local authorities with emphasis on termination costs, consultation on both the public and other statutory consultees; and how the council ended up in the situation that led it to terminate the contract. The closing date for submission of evidence is 19 June 2014. (23 May 2014)

Bevan Brittan byte size procurement updates: we have published the first six in our "byte size" legal updates, in which we look at the new Public Sector Directive and deconstruct it into a topic based approach. For each topic we provide a brief explanation of the most relevant new and updated provisions in the new Directive. We also highlight some of the practical implications of those provisions. They cover:

1. Pre-procurement issues
2. Statutory time limits under the Public Sector Directive 2014/24/EU – Open and Restricted Procedures
3. Statutory time limits under the Public Sector Directive 2014/24/EU Part 2 – Competitive Dialogue Procedure and Competitive Procedure with Negotiation
4. Competitive procedures where negotiation is permitted
5. Innovation partnership – a new EU concept and a new procedure
6. Selection stage – Grounds for exclusion, selection criteria and the ESPD.

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Waste Carriers

DEFRA: Alternatives to Waste Transfer Notes and other aspects of waste regulation – Summary of responses and Government response: in December 2013 the Government consulted on providing greater flexibility around the use of Waste Transfer Notes and minor amendments to waste carrier legislation in England and Wales. This document summarises the responses to the consultation and details how DEFRA and the Welsh Government have taken them into account in establishing their policy decision. (15 May 2014) 

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Waste Minimisation

WRAP: New £800,000 fund to kick-start innovative partnerships in waste prevention: WRAP has launched the new £800,000 Innovation in Waste Prevention Fund to support communities to take forward innovative waste prevention, re-use and repair activities in their local areas, working in partnership with local businesses, councils, charities and voluntary groups. The scheme will run for two years with grants being awarded in three phases. Round 1 is now open: WRAP is inviting applications from two or more parties working together, and will support local level creative ideas for preventing waste of priority materials. The fund aims to boost voluntary opportunities and provides the potential to create new jobs in the area by promoting the introduction of new services and the adoption of alternative, anti-waste business approaches. (27 May 2014)

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Waste Electrical and Electronic Equipment

Environment Agency: Waste electrical and electronic equipment (WEEE) – Evidence and national protocols guidance: Guidance for WEEE Producer Compliance Schemes (PCS), Approved Authorised Treatment Facilities (AATFs) and Approved Exporters (AEs) on how to issue evidence, meet recovery and recycling targets and apply protocols on WEEE. There is also a Recovery and Recycling Targets flow chart. (6 May 2014)

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