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Legal definition of waste guidance updated

Updated guidance on the legal definition of waste and how this is applied, has been published for businesses operating in the sector in England, Wales and Northern Ireland.

The guidance applies to businesses and organisations producing or handling waste
The guidance applies to businesses and organisations producing or handling waste

The guidance was last updated in August 2012, with a slimmed-down version having been issued last week (5 May), following on from a review of red tape being carried out across government departments.

Published jointly by Defra, the Environment Agency, the Welsh Government, Northern Ireland’s Department of the Environment and Natural Resources Wales the guidance can be used to determine if a material is waste or not and whether it is subject to waste handling laws.

Unlike previous versions, the guidance is now hosted on its own page on the gov.uk website.

The guidance includes details of the waste duty of care to which businesses who import, produce, carry, keep, treat or dispose of waste must adhere as well as the producer responsibility rules for producers of packaging, electrical equipment and batteries must apply.

Additionally the guidance also details when waste rules cease to apply, such as when a material meets ‘end of waste’ status.

Penalty notices

In other regulatory news, from today (9 May) councils have been given greater powers to tackle fly-tipping, with the ability to issue penalty notices of between £150 and £400.

Environment minister Rory Stewart said: “It’s beyond me that anyone feels it’s acceptable to simply dump their waste by the road – whether in our cities or our countryside. The new fixed penalty notices will provide local authorities with another tool to crack down on the selfish individuals who blight our neighbourhoods and ruin our beautiful landscape.

“The fines will also act as a deterrent and we will continue to work with local authorities to tackle the root cause of the crime and change the mentality of the few who commit it.”

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