Anna Willetts

This Practice Note provides guidance on the meaning of waste and disposal operations. It provides details on how disposal is one of the key waste management elements of the Waste (England and Wales) Regulations 2011, SI 2011/988 which refer back to the Waste Framework Directive 2008/98/EC (WFD). This Practice Note also covers the list of non-exhaustive disposal operations covered in the WFD and covers key principles and case law.

This Practice Note provides practical guidance on the end-of-waste status. It refers to the Waste Framework Directive 2008/98/EC (WFD) and implementing and assimilated regulations in England and Wales, setting out end-of-waste criteria, principles and conditions, including specific criteria for certain waste types. It also refers to quality protocols (QPs), self-assessments and end-of-waste submissions to the regulators. The Practice Note includes references to relevant case law and covers recovery operations and their effect on the end-of-waste status.

This Practice Note provides details on the meaning of waste, in particular products and by-products. It provides guidance on the differences between waste and by-products, focussing on production residues, products, by-products, certainty of use, extractive industries, with or without further processing, whether an action is integral to the production process, lawful use and the decision process.

This Practice Note provides information on waste exclusions, including absolute exclusions, exclusions covered by European Community legislation and special legislation.

This Practice Note covers the waste hierarchy, related policies and legislation, and the circumstances that allow departure from the hierarchy. It is part of a series of notes on the meaning of waste. This Practice Note also links to related Brexit content.

This Practice Note provides guidance on waste indicators when assessing the meaning of waste. It focuses on positive waste indicators providing information on production residues, negative economic value, what is commonly regarded as waste, common methods of recovery or disposal, use of the material, perception of the holder, limits on the quantity produced and contamination. Other relevant factors are also considered such as economic value or re-utilisation, the list of wastes, characteristics of the substance or object, impact on the environment and place of storage.

This Practice Note outlines the meaning of waste by referring to the Waste Framework Directive 2008/98/EC as implemented by the Waste (England and Wales) Regulations 2011, SI 2011/988 and other relevant legislation. The Practice Note highlights key issues surrounding interpretation of case law and provides details on relevant guidance for defining waste. It also provides a series of helpful questions to work through when ascertaining if an item is waste.