Waste Duty of Care Revisions "a concern"
Sep 22, 2015
UKELA has expressed concerns on the quality of the revised Waste Duty of Care Code of Practice for England and Wales in its recent consultation response, submitted earlier this week.
The revised draft Code is much shorter than the current Code, whose legal basis and purpose is set out in Section 34(10) of the Environmental Protection Act 1990 (EPA 1990).
“The Waste Duty of Care Code of Practice is admissible as evidence in court,” stated Angus Evers, Co-convenor of UKELA’s Waste Working Party, “But the consultation draft provides little useful guidance to magistrates and juries, so it is going to make prosecutions for breach of the waste duty of care more problematic.”
“From UKELA’s point of view, we would welcome further dialogue with DEFRA and Welsh Government officials on this important aspect of waste regulation” said, Peter Harvey, “As joint convenor of the Waste Working Party, I know our members would prefer to see the Code based more closely on models such as the Northern Ireland Waste Duty of Care Code of Practice, produced in July 2014.”
The UK Environmental Law Association aims to make the law work for a better environment and to improve understanding and awareness of environmental law. UKELA’s members are involved in the practice, study or formulation of Environmental Law in the UK and the European Union. It attracts both lawyers and non-lawyers and has a broad membership from the private and public sectors.
UKELA prepares advice to government with the help of its specialist working parties, covering a range of environmental law topics. This response has been prepared with the help of the Waste Working Party and the Wales Working Party.
For further information on UKELA’s work, please visit: www.ukela.org
For specific press and media queries in relation to this news release, please contact: Angus Evers, Co-Convenor of UKELA’s Waste Working Party on firstname.lastname@example.org
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