The legal definition of waste - the confusion continues

O'Keefe, J

The legal definition of waste - the confusion continues - 2002 - Wastes Management May 2002, 48-19(2) .

Considers the confusion over the definition of waste and looks at the number of cases that have added to the debate of what is waste in their attempt to define what is and is not waste. The European Waste Framework Directive defines waste as 'any substance or object in the categories set out in Annex 1 which the holder discards or intends or is required to discard.' Discusses with reference to case law the question of whether waste is still waste if a 'complete recovery operation' is carried out on the material.


LEGAL DEFINITION
DIRECTIVE 75/442/EEC
CASTLE CEMENT V ENVIRONMENT AGENCY
MAYER PARRY RECYCLING LTD V ENVIRONMENT AGENCY
ARCO CHEMIE NEDERLAND LTD V MINISTER VAN VOLKSHUISVESTING
GILBERT V ENVIRONMENT AGENCY
ABFALL SERVICE AG V BUNDESMINISTER FUR UMWELT