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PRACTICE NOTES
Historically, the main treatment route for waste in the UK has been landfill, primarily due to the availability of suitable sites created by past mineral extraction. However, since the mid-1990s, use of landfill sites has been changing, as the potential impact of waste management on climate change has become recognised and legislation has made landfill less attractive. These developments have, in turn, helped drive the development of waste to energy plants, which is about taking waste and turning it into a usable form of energy. This waste to energy can include energy outputs such as electricity, heat and commodities such as transport fuels or natural gas. Many plants are now being built with energy generation, in addition to waste management, being a key part of their function. Each year the UK produces significant volumes of waste. Government data shows it is estimated that the UK generated around 32.6 million tonnes of commercial and industrial waste in 2023, a reduction from 40.4 million tonnes in 2020. Household waste was over 25 million
PRACTICE NOTES
Energy from waste is usable energy that is generated from the treatment or processing of waste products using various different technologies. Recyclable material should be removed first and then energy recovered from the residual waste. The different technologies are: • incineration—in which the residual waste is burned and the energy recovered as electricity or heat • pyrolysis and gasification—where the fuel is heated with little or no oxygen to produce gas for generating energy or as a feedstock for producing methane, chemicals, biofuels or hydrogen • anaerobic digestion—which uses microorganisms to convert waste into a methane-rich biogas that can be combusted to generate electricity and heat or converted to bio-methane. This technology is most suitable for wet organic waste or food waste. The other output is biofertiliser • landfill gas—by capturing landfill gas produced at landfill sites as waste decomposes Waste to energy (WtE) (also known as energy from waste (EfW)) is an important method of managing waste and creating a sustainable energy source. Using waste as fuel can have important environmental benefits. It can provide
PRACTICE NOTES
The Waste Batteries and Accumulators Regulations 2009 (WBAR 2009) apply to all batteries regardless of their shape, volume, weight or use and whether or not they are incorporated into an appliance. The regulations do not apply to batteries used in equipment connected with the protection of ‘essential security interests’, or in equipment designed to be sent into space. In this Practice Note, ‘batteries’ includes accumulators (rechargeable batteries), unless otherwise stated. The regulatory regime for batteries in the UK also includes the Batteries and Accumulators (Placing on the Market) Regulations 2008, which impose requirements in relation to the composition, labelling and placing on the market of batteries and accumulators. For more information see Practice Note: Industrial and automotive battery-producer responsibility obligations. WBAR 2009 apply to: • industrial batteries • automotive batteries • portable batteries—eg AA and AAA batteries and those designed to power laptop computers or mobile phones Battery compliance is based on the principle of producer responsibility. Battery producers are responsible for minimising harmful effects of waste batteries on the environment, by improving
PRACTICE NOTES
Controlled waste is subject to legislative control. It is defined in Part II to the Environmental Protection Act 1990 (EPA 1990), see Definition of controlled waste below. This Practice Note covers the meaning of controlled waste in England and Wales only. Key provisions dealing with controlled waste The table below sets out key provisions dealing with controlled waste in England and Wales. Details Key provisions Related content The prohibition on unauthorised or harmful depositing, treatment or disposal of controlled waste.Fixed penalty notices EPA 1990, s 33Section 69 of the Environment Act 2021 (EA 2021) Practice Note: Unauthorised or harmful deposit, treatment or disposal of waste The waste duty of care in respect of controlled waste. EPA 1990, s 34Waste (England and Wales) Regulations 2011, SI 2011/988, reg 35 Practice Note: Waste duty of care—controlled waste The requirement to register as a waste carrier when transporting controlled waste. Sections 1 and 2 of Control of Pollution (Amendment) Act 1989 Practice Note: Waste carriers, brokers and dealers—when is a registration required? The requirement
PRACTICE NOTES
The End-of-life Vehicles Regulations 2003 (ELVR 2003), SI 2003/2635 and the End-of-life Vehicles (Producer Responsibility) Regulations 2005 (ELVPRR 2005), SI 2005/263 are the underpinning legislation for the end-of-life vehicle (ELV) regime. The legislation aims to: • influence the design of vehicles so that they, and their components, are easier to recycle • reduce the use of certain hazardous materials in car and van manufacturing, making it easier and safer to dispose of the materials in ELVs • standardise treatment requirements and ensure that treatment facilities hold a permit and have equipment to prevent pollution • increase the proportion of each vehicle that is recycled and reduce the quantity going to landfill ELVR 2003 transposes into UK law a number of provisions of the ELV Directive (2000/53/EC): • restrictions on the use of certain heavy metals in vehicle and component manufacture • marking of certain rubber and plastic vehicle components, and publication of design and dismantling information • introduction of a 'Certificate of Destruction' • 'free take-back' of vehicles put on the market from 1 July 2002 • licensing
PRACTICE NOTES
Legislative framework Extractive and mining waste is primarily regulated in England and Wales through Schedule 20 to the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154. EPR 2016 implemented the original requirements of the Mining Waste Directive (MWD). EPR 2016 is the principal legislation governing the environmental permitting and compliance regime which applies to various activities and industries. EPR 2016 consolidated and revoked the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675. What is ‘extractive waste’? Waste from extractive operations is one of the largest waste streams in England and Wales. It involves materials that must be removed to gain access to mineral resources (but are not actually processed), such as topsoil, overburden and waste rock, as well as tailings (the material left over after the process of extracting the valuable material from an ore). While some of these wastes are inert and are not likely to pose a significant environmental threat, others (in particular those generated by the non-ferrous metal mining industry) may contain large quantities of
PRACTICE NOTES
In the UK, different regulations control hazardous wastes in England, Wales, Scotland and Northern Ireland. The Hazardous Waste (England and Wales) Regulations 2005, SI 2005/894 (the ‘Hazardous Waste Regulations’), set out the hazardous waste regime in England and Wales. The Environment Act 2021 (EA 2021) introduced powers to make regulations to further regulate the hazardous waste regime in England and Wales. The Hazardous Waste (England and Wales) Regulations 2005, were made to implement the requirements of the Hazardous Waste Directive 91/689/EEC. They include provisions applying to tracking and movement controls. ‘(Subject to reg 9), a waste is a ‘hazardous waste’ if it is: • listed as a hazardous waste in the List of Wastes • a specific batch of waste which is determined (pursuant to regulation 8) to be a hazardous waste The List of Wastes referred to in the definition means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing
PRACTICE NOTES
Plastic waste—the problem Around the world, there is an increasing awareness of the problems associated with plastic and plastic waste, particularly in the marine environment, as well as a greater understanding of how plastics degrade and leach into the environment. Plastic waste often does not decompose and can last centuries in landfill, or end up as litter in the natural environment, which in turn can pollute soils, rivers and oceans, and harm the creatures that inhabit them. There is also more and more evidence that microplastics (plastic particles that are smaller than 5 millimetres in size) have an adverse impact on the health of humans and animals. Plastic waste presents particular waste-management and environmental challenges because it is persistent, can fragment into microplastics and may cause pollution where it is littered, mismanaged or inadequately contained. In England, 511,000 tonnes of plastic were collected for recycling from households in 2024. Plastic represented 9.3% of dry recyclable material collected from households. The overall recycling rate for waste from households in England was 43.8% in 2024, while 56.2% was residual waste. Plastic
PRACTICE NOTES
The Waste Electrical and Electronic Equipment Regulations 2013, SI 2013/3113 (WEEE 2013) Waste Electrical and Electronic Equipment (WEEE) is regulated in England and Wales by the Waste Electrical and Electronic Equipment Regulations 2013 (WEEE 2013), SI 2013/3113, as amended. The instrument repealed and replaced the Waste Electrical and Electronic Equipment Regulations 2006, SI 2006/3289 (WEEE 2006) and was amended by the Waste Electrical and Electronic Equipment (Amendment, etc.) Regulations 2025, SI 2025/910 (WEEE 2025). WEEE 2013, SI 2013/3113 are based on the principle of ‘extended producer responsibility’. This requires producers to take responsibility for the environmental impacts of their products, especially at the 'end of their life' when they become waste. For more information on producer responsibility and extended producer responsibility, see Practice Notes: WEEE—producer obligations and Packaging and packaging waste—extended producer responsibility regime. The main objectives of the WEEE regime are to minimise the impact of electrical and electronic equipment (EEE) on the environment by encouraging the reuse, recycling and recovery of WEEE and to: • increase the amount of WEEE being
PRACTICE NOTES
Environmental Permitting Regime—waste incineration Waste incineration is regulated as part of the environmental permitting regime in the UK, through the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154, Sch 20. EPR 2016, SI 2016/1154 came into force on 1 January 2017. EPR 2016, SI 2016/1154 consolidated and revoked the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675. EPR 2016, SI 2016/1154 is the principal legislation governing the environmental permitting and compliance regime in England and Wales, and applies to various activities and industries. What is waste incineration? The term ‘waste incineration’ is often used synonymously with the terms ‘energy from waste’ (EfW) or ‘waste to energy’ to describe the thermal treatment of waste to generate electricity and heat. This Practice Note also covers the regulation of smaller scale waste incineration activities for the disposal of waste, such as bonfires. A range of technologies can be used to recover energy from waste, including pyrolysis, gasification and plasma processes. These are explained in more detail in Practice Note:
PRACTICE NOTES
Identifying asbestos waste Asbestos exists in a number of forms—the three most common are chrysotile (white), amosite (brown) and crocidolite (blue). All forms are toxic and carcinogenic (cancer-causing). It can be very damaging to human health and the environment. It does not break down easily and remains in the environment for a long time. Due to its hazardous nature, importing, supplying and using all types of asbestos has been banned in the UK since 1999, with only a few specific exceptions. While the new use of asbestos is banned, asbestos products that were installed before the ban can remain in place. However, they must be managed and maintained in a safe condition, to ensure they do not cause a danger to human health or the environment. See Practice Note: Control of asbestos—duty to manage. Historically, asbestos was widely used in buildings. Consequently, there is a significant risk of disturbing and releasing harmful asbestos fibres and/or creating asbestos waste when demolishing or carrying out works to a building. Asbestos is commonly found in: • asbestos cement
PRACTICE NOTES
This Practice Note explains wasted costs orders in family proceedings including the relevant test applied by the courts and the required procedural steps. It also considers improper, unreasonable or negligent conduct and the effect misconduct can have on costs together with relevant case law. What is a wasted costs order? The rules governing wasted costs are contained in the Civil Procedure Rules 1998 (CPR), SI 1998/3132, Pt 46 and the corresponding CPR PD 46. CPR Part 46 and CPR PD 46 apply to costs in family proceedings by virtue of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.2. A wasted costs order is an order: • that a legal representative pay a sum (either specified or to be assessed) in respect of costs to a party, or • for costs relating to a specified sum or items of work to be disallowed Such orders can be made at any stage in the proceedings, up to and including detailed assessment proceedings, but generally an application for wasted costs is best left until after the final hearing. CPR