Waste Watch – October 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 October 2014.

04/11/2014

Nadeem Arshad

Nadeem Arshad

Partner

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:

   Animal By-products    Procurement
   Household Waste    Waste Collection
   Landfill    Waste Management
   Litter and Fly-tipping    Waste Planning
   Permitting and Licensing    WEEE

Animal By-products

DEFRA: Derogations from the animal by-product controls under Regulation (EC) 1069/2009 and Commission Regulation (EU) 142/2011 – Authorisations by the Secretary of State to enable derogations to be used in England: the Regulations set down controls on the safe use and disposal of animal-by products to safeguard public and animal health but allow exemptions in certain circumstances. This updated table of authorisations shows which exemptions may be used in England and any conditions that operators need to follow. (29 October 2014)

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Household Waste

WRAP: Household food & drink waste – A people focus: this report explores the relationship between the level of avoidable food and drink waste from households in the UK and factors including socio-demographics, behaviours and others relating to food, such as healthy eating and time available for food-related activities. It shows that – due to the complexity of waste generation – messages, engagement and changes in products, packaging and labelling need to be developed with the specific needs of different groups in mind. (October 2014)

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Landfill

DEFRA: Forecasting 2020 waste arisings and treatment capacity – Analysis to inform the review of Defra financial support for the Hertfordshire County Council residual waste treatment project: sets out the latest forecast of the amount of biodegradable municipal waste that goes to landfill. The forecasts are used to determine if England is expected to meet the target requirements of the Landfill Directive 1999/31. The document includes an assessment of the potential effect that the Hertfordshire CC residual waste treatment project could have on meeting this target. This assessment has been used by DEFRA to review financial support for Hertfordshire CC to carry out their waste project. (16 October 2014)

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Litter and Fly-tipping

Let's Recycle: MP to appeal case in Birmingham green waste row: reports that Birmingham Magistrates' Court has dismissed an application by the MP for Yardley, John Hemming, for a litter abatement order under s.91 EPA 1990. The MP had contended that Birmingham City Council's introduction of an opt-in £35 charge for green waste collections had resulted in green waste being dumped around the city, and he sought an order that the Council pick up all the dumped waste. The magistrates ruled that the requested order was ambiguous and it “would be outside the court’s power” to grant an abatement order in respect of a whole parliamentary constituency. They also ordered Mr Hemming to pay £13,101 costs. (10 October 2014)

DEFRA: Fly-tipping statistics for England, 2013/14: these figures show that local authorities dealt with a total of 852,000 incidents of fly-tipping in 2013/14, an increase of 20% since 2012/13 with nearly two-thirds of fly-tips involving household waste. One explanation for this increase is the introduction of new technologies, such as on-line reporting and electronic applications, as well increased training for staff. (30 October 2014)

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Permitting and Licensing

Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2014 (SI 2014/2852): these regulations, which come into force on 1 January 2015, amend the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010/675). The amendments are deregulatory and simplify how exemptions from the requirement for an environmental permit are managed for small sewage discharges. (27 October 2014)

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Procurement

Cabinet Office: Social Value Act – Review: the Cabinet Office has issued a consultation as part of its Social Value Act review. The review is looking at how the Public Services (Social Value) Act 2012 is working and whether it would be beneficial to extend it. It also looks at how the Act might be extended in a way that continues to support small businesses and voluntary, charity and social enterprise (VCSE) organisations to bid for public contracts. The consultation closes on 28 November 2014. (24 October 2014)

Bevan Brittan: Byte size procurement update 12: The new “light touch regime” – Articles 74 to 76/Regulations 74 to 76: this procurement byte looks at the provisions in the new Directive 2014/24 and in the draft Public Contracts Regulations 2015 covering the new “light regime” for social, health and other specified services. The draft regulations 2015 are currently the subject of consultation and so the final published provisions may be different. See our Byte Size procurement update 11 for information on the consultation process. (20 October 2014)

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Waste Electrical and Electronic Equipment

DBIS: WEEE Compliance fee methodology – Evaluation of proposals: following the 2013 consultation on changes to the UK WEEE system, DBIS laid new WEEE Regulations 2013/3113 that allow the Secretary of State to approve a compliance fee methodology as part of a new WEEE system that incorporates a WEEE collection target. Earlier this year BIS invited stakeholders to submit proposals on how the compliance fee should work. It is now seeking views on three proposals for a WEEE compliance fee methodology. The consultation closes on 28 November 2014. (24 October 2014) 

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Waste Management

HC Environment, Food and Rural Affairs Select Committee: Waste Management in England: this inquiry was triggered by DEFRA's announcement in November 2013 of reductions in its activities in waste management following a re-prioritisation of Government work to make the best use of public funding, and that it would "step back in areas where businesses are better placed to act and there is no clear market failure", despite its aim to move towards a ‘zero waste economy'. The Committee is concerned that the annual rate of increase in recycling has started to slow and that England will not play its role in meeting the European requirement for the UK to recycle at least 50% of its household waste by 2020 without significant Government intervention. It  urges DEFRA to achieve the highest possible recycling rates. The Committee argues that local authorities should remain responsible for resolving specific challenges and barriers faced at a local level, but calls on DEFRA to promote best practice at a national level. It also calls on Government to ensure that only genuinely residual waste is sent to energy-from-waste plants and to do more to encourage the use of heat outputs from such facilities to improve the overall energy efficiency of this waste management method. (22 October 2014)

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Waste Planning

DCLG: National planning policy for waste: following consultation, the Government has published updated national waste planning policy. This document sets out how local authorities' Local Plans should identify theneed for waste management facilities and identify suitable sites. it also sets out what local authorities should consider when determining waste planning applications. All local planning authorities should have regard to its policies when discharging their responsibilities to the extent that they are appropriate to waste management. (16 October 2014)

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