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31 January 2013

New guidance on the legal definition of ‘waste’

Businesses affected by laws governing storage, treatment, disposal, etc of 'waste' will welcome new guidance on the legal definition of waste from the Department for Environment, Food and Rural Affairs (Defra).

The definition is important because many environmental and other laws only apply if there is 'waste' and the new guidance aims to help businesses identify when their operations involve waste and when they do not.

The guidance says it is aimed both at "waste operators with good knowledge and understanding of waste management system in the UK as well as anyone who needs to gain a more thorough understanding of the definition of waste."

Part two provides an introduction to the definition of 'waste' for those with a less technical background on the subject.

Partner Alex Zachary has considerable legal expertise in the waste management sector and concludes: "The guidance makes clear it is not intended to change the current legal meaning of 'waste' – for example, it is subject to existing case law on the topic – but to provide clarification."

Contact a member of the environment team at B P Collins for legal advice specific to this sector. You can also download the guidance from the Defra website.

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Phone: +44 (0) 1753 889995

Email: enquiries@bpcollins.co.uk

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