The following Environment guidance note Produced in partnership with Craig Burman of Schofield Sweeney provides comprehensive and up to date legal information covering:
Waste law in the UK derives from the EU Waste Framework Directive 2008/98/EC (WFD), which defines waste as ‘any substance or object which the holder discards or intends or is required to discard’.
For more on the WFD, see Practice Note: Waste Framework Directive—snapshot.
Those who recover or dispose of waste, carry out a ‘waste operation’ and must comply with the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154. The EPR 2016 consolidates all of the amendments to the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675.
Offences committed before 1 January 2017, will be prosecuted under EPR 2010. The offences, maximum penalties and available sanctions are identical to those under EPR 2016.
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.
For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.
The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019, SI 2019/39 make amendments to EPR 2016, SI 2016/1154, effective from the end of
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