Waste: the dirty definition

Taylor, D.

Waste: the dirty definition - 2002 - Scottish Planning and Environmental Law (94) December 2002, 136-139(4) .

Poses the question 'What is waste?' and examines how waste is defined in environmental legislation, government guidance and case law. Stresses that the definition of waste is key to all waste management issues, although its interpretation in UK environmental law is complex and continues to change. Looks at how waste is defined in European and UK legislation with reference to the Directive on Waste 91/156/EEC, the Environmental Protection Act 1990 and the Waste Management Regulations 1994. Outlines the definition of waste in the main government guidance, the DoE Circular 11/94 and the Scottish Office Circular 10/94, and summarises key case law from the ECJ and English courts. Concludes that the definition of waste is not clear and that guidance should be revised to resolve this. Case law.


SCOTLAND
MAYER PARRY RECYCLING LTD V ENVIRONMENT AGENCY
EC DIRECTIVES
WASTE
EUROPEAN COURT OF JUSTICE
ENVIRONMENTAL PROTECTION ACT 1990
WASTE MANAGEMENT LICENSING REGULATIONS 1994
DEFINITION OF WASTE
CASTLE CEMENT V ENVIRONMENT AGENCY
ATTORNEY GENERAL'S REFERENCE NO 5 OF 2000
DIRECTIVE 91/156/EEC
DOE CIRCULAR 11/1994
SCOTTISH OFFICE CIRCULAR 10/94
CRIMINAL PROCEEDINGS AGAINST EURO TEOBESI AND OTHERS
CRIMINAL PROCEEDINGS AGAINST VESSOSO AND ZANETTI
INTER ENVIRONMENT WALLONIE ASBL V REGION WALLONE
MAYER PARRY RECYCLING LTD V ENVIRONMENT AGENCY
ARCO CHEMIE NEDERLAND LTD V MINSTER VAN VOLKSHUISVESTING, RUIMTELIJKE ORDENING EN MILIEUHEBER