Meaning of waste—definition of waste
Produced in partnership with Leslie Heasman of MJCA , Dr Anna Willetts of gunnercooke LLP and Samantha Riggs of 25 Bedford Row

The following Environment practice note produced in partnership with Leslie Heasman of MJCA, Dr Anna Willetts of gunnercooke LLP and Samantha Riggs of 25 Bedford Row provides comprehensive and up to date legal information covering:

  • Meaning of waste—definition of waste
  • Definition of Waste
  • Interpretation
  • Key terms
  • Discard
  • Deliberate discard
  • Accidental discard
  • Intention to discard
  • Requirement to discard
  • Transfer to another person
  • More...

Meaning of waste—definition of waste

Waste Framework Directive 2008/98/EC (as amended in 2018) (WFD)

EU Directives are adopted by Member States and require Member States to achieve a particular result but are not intended to form part of domestic law.

Principally, the UK’s environmental law is derived from EU law or was directly effective EU law. As a result of Brexit, the European Union (Withdrawal) Act 2018 converts existing EU law which applied directly in the UK’s legal system (such as EU regulations and EU decisions) into UK law (as it applied immediately before IP completion day) and preserves laws made in the UK to implement EU obligations (eg the laws which implement EU Directives). This body of law is known as retained EU law. For more information on Brexit and the status of EU law following Brexit, see: Brexit—impact on environmental law.

The Waste (England and Wales) Regulations 2011 SI 2011/988 transposed the WFD into domestic law. Predecessor Directives were implemented through the various Acts and Regulations, the most up to date versions of which are as follow:

  1. the Environmental Protection Act 1990, particularly section 34 dealing with the ‘duty of care’ on those responsible for waste

  2. the Control of Pollution (Amendment) Act 1989 and the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991, SI 1991/1624, dealing with the registration of waste carriers

  3. the

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