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

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

  • Meaning of waste—products and by-products
  • By-product or waste?
  • Production residues
  • Products
  • By-products
  • Certainty of use
  • Certainty of use and extractive industries
  • Without further processing
  • Integral part of production process
  • Lawful use
  • More...

Meaning of waste—products and by-products

Revised Waste Framework Directive 2008/98/EC (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 Directive). This body of law is known as retained EU law. For more information on Brexit and the status of EU law following Brexit, see Practice Note: Brexit—impact on environmental law.

The Waste (England and Wales) Regulations 2011 transposes the revised WFD into domestic law. Predecessor Directives were implemented through the various Act and Regulations, the most up to date version of which are as follows:

  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 Environmental Permitting

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