waste facilities audit association n.
Download
Skip this Video
Download Presentation
WASTE FACILITIES AUDIT ASSOCIATION

Loading in 2 Seconds...

play fullscreen
1 / 15

WASTE FACILITIES AUDIT ASSOCIATION - PowerPoint PPT Presentation


  • 100 Views
  • Uploaded on

WASTE FACILITIES AUDIT ASSOCIATION. Legal Update – 22 May 2012 Andrew Waite, Partner Aidan Thomson, Partner. THE MEANING OF WASTE. Discard the Burden Principle. BY-PRODUCTS – ARTICLE 5 WFD 2008. Further use is certain use without further processing other than normal industrial practice

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'WASTE FACILITIES AUDIT ASSOCIATION' - calvin


Download Now An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
waste facilities audit association

WASTE FACILITIES AUDIT ASSOCIATION

Legal Update – 22 May 2012

Andrew Waite, Partner

Aidan Thomson, Partner

the meaning of waste
THE MEANING OF WASTE
  • Discard
  • the Burden Principle
by products article 5 wfd 2008
BY-PRODUCTS – ARTICLE 5 WFD 2008
  • Further use is certain
  • use without further processing other than normal industrial practice
  • produced as integral part of production process
  • further use is lawful (product, environmental and health protection requirements/no overall adverse environmental or human health impacts)
end of waste status effect of case law
END – OF – WASTE STATUSEffect of case law
  • Recovery – conversion into marketable products
  • material required but no need for recovery?
waste or raw materials
WASTE OR RAW MATERIALS?

EA v Thorn

  • products returned by customers
  • retrieved from retailers
  • repaired by T and offered for resale
waste or raw materials2
WASTE OR RAW MATERIALS?

It depends on the circumstances

  • DoE v O’Hare (2007) NI
  • EA v Inglenorth(2009)
  • R v W, C and C (2010)
  • R v Evan Jones (2011)
duty of case s34 epa
DUTY OF CASE – S34 EPA

Duty on any producer etc. to take all such measures applicable to him in that capacity as are reasonable in the circumstances

  • to prevent any contravention of section 33 (unlicensed deposits)…..
  • on the transfer of the waste to secure that the transfer is only to an authorised person…..
duty of care
DUTY OF CARE

Mountpace v Haringey LBC (2012)

  • Owner hired contractor to refurbish premises and remove waste
  • Contractor passed waste to flytipper
duty of care1
DUTY OF CARE

Mountpace v Haringey LBC (2012)

  • Who is the waste producer?
  • Nature of the duty
  • When did measures have to be taken?
  • Did the waste producer comply?
waste liability in nuisance
WASTE – LIABILITY IN NUISANCE
  • Barr v Biffa Waste Services Ltd
  • 152 households complained of odour from Biffa’s landfill site in Hertfordshire
  • Landfill sites are highly regulated by the Environment Agency
waste liability in nuisance1
WASTE – LIABILITY IN NUISANCE
  • Two important legal issues were discussed:
    • When someone is operating a facility in accordance with a permit and without negligence, can third parties still claim nuisance at common law?
    • How do you demonstrate a loss of amenity?
waste liability in nuisance2
WASTE – LIABILITY IN NUISANCE
  • View of the High Court (2011)
  • View of the Court of Appeal (2012)
  • Appeal to the Supreme Court?
waste liability in nuisance3
WASTE – LIABILITY IN NUISANCE
  • Factually complex case
  • Significant costs have been incurred
  • Damages per claimant are low for these kinds of cases
  • Proportionality?
  • Part of a trend?
wfaa legal update may 2012

WFAA – LEGAL UPDATE – MAY 2012

Andrew Waite & Aidan Thomson

This document provides a general summary only and is not intended to be comprehensive. Specific legal advice should always be sought in relation to the particular facts of a given situation.

ad