The Review is being brought by six members of the Campaign for Real Recycling, who claim that the Waste (England and Wales) 2011 Regulations do not accurately transpose the requirement for separate collections of recycling required under the EU Waste Framework Directive. The claimants claim that commingled recycling should not count.
A court case was scheduled for December 14 but Defra was granted a period of stay for six months until June 13 to allow it to amend the regulations. These amended regulations were consulted on in February 2012(see letsrecycle.com story) .
However, a spokesman for Defra told letsrecycle.com today (June 14)that, although the six month deadline has passed, Defra is still in correspondence with the CRR and is seeking a short extension to allow it to prepare its response.
He said: The Judicial Review, as you know, ended on the 13th of June and currently we are in correspondence with the claimants to agree on how we take it forward.
As it stands there is no date for the court for the next hearing. We are in correspondence with the claimants and nothing has been set.
For the hearing to go ahead we would have to come back with a solid response to the claimants claims but because we are still in the preparation mode. Our solicitors are seeking an agreement for a short extension to the period of stay.
Claimants
It is understood that the Department is keen to settle the matter out of court if possible, although this decision will ultimately depend on whether the claimants are happy with the amendments to the regulations.
Andy Moore, representing the CRR, said: We have had some communication with Defras solicitors. It is up to Defra to come back with a response because they requested the six month adjournment. I cant say anything more at this time.
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