Earlier this month, letsrecycle.com reported that the department had issued an informal consultation on repealing section 1 of the Refuse Disposal Amenity Act 1978 (see letsrecycle.com story).
However, the expert, who wished to remain anonymous, challenged the suggestion that Defra had only recently realised the scale of the problem and said it was ridiculous that something had not been done sooner.
The critic pointed to a letter – seen by letsrecycle.com – which was sent by the then-environment minister, Michael Meacher, to the Local Government Association in 2002, in which the minister said he was aware of the conflicting duties placed upon local authorities by the legislation and planned to repeal the1978 law.
In the letter, Mr Meacher said the issue was a “complex one” which revolved around the specific waste management arrangements in London but concluded: “We intend to consult in 2003 with the aim of achieving the appeal by the end of 2003.”
The critic said: “Defra actually has been very well aware for years that this is a national problem, that the ball has been in their court to sort it out, and that unless and until they did sort it out there would continue to be the very serious consequence of unlawful charges being imposed on the public.
“Over the years since there has been plenty of correspondence with Defra reminding them of this ticking bomb and telling them of the urgent need to get on with the repeal.”
The critic went on to reiterate that tens of millions of pounds had been extracted from the public “wholly unlawfully”, adding: “Whilst I fully agree with the use of the word ‘shambles' in your article, the word “scandal” would not have been out of place either.”
Register for free to comment