The Waste (England and Wales) Regulations 2011 were passed in March to bring the requirements of the EU-revised Waste Framework Directive into UK law. The regulations are currently the subject of a Judicial Review mounted by seven members of the Campaign for Real Recycling,who arequestioning the governments interpretation of the need for separatecollection.
A Judicial Review hearing was scheduled for December 13 but, as anticipated by letsrecycle.com, Defra has now been advised by its solicitors that it may lose the case prompting it to change the legislation.
Implications
The move has big implications for how recyclables are collected in England and Wales in future with some waste management companies fearful that any changes in the regulations may force them to collect materials separately, rather than commingled.
However, Defra insisted that changing the regulations would safeguard flexible household recycling services.
In a statement the department said: Defra will make technical changes to the Waste (England and Wales) Regulations 2011 to ensure multi-bin recycling systems are not imposed on residents.
Technical
The technical changes will make sure the legislation is in line with new EU rules, including guidance which is currently undergoing consultation. The changes will mean that local authorities will be able to choose the types of recycling services local people want, while ensuring quality recycling is collected.
It added: The new draft EU guidance and the Judicial Review process have since highlighted that technical changes are needed to prevent the risk of the legislation being overturned, which could lead to more restrictive recycling collection systems being imposed on local councils and residents. Defra will seek the views of industry, local authorities and other interested parties to inform the change to be made to the legislation.
Adjournment
A Defra spokeswomanindicated that the Judicial Review hearing might no longer be taking place in December. She said: “We have explained our position to the claimants and have asked for an adjournment for six months while we draft amendments to the legislation.”
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