October 26th, 2018

Enforcement undertakings: does crime pay?

by Sam Taylor   In the four months from February to May this year, around £900,000 was paid to charitable causes by companies in recompense for environmental crimes. These types of payments, known as Enforcement Undertakings (EUs), allow offenders to avoid criminal prosecution by making amends through a civil route. Offenders make voluntary offers to […]


September 11th, 2018

Law in disorder: the Environment Agency and the waste hierarchy

by Peter Jones   Plenty of legislation is poorly written. Some is badly thought out, or pursues objectionable goals. But I’m only aware of one instance of legislation that is untrue. Laws rarely make statements of fact of the kind that can be true or false. For the most part, legislation: directs or forbids actions; […]


September 22nd, 2017

Schedule 2 waste: are local authorities missing out?

by Joss Winter   This month, North Kesteven District Council in Lincolnshire is implementing new charges for what is still often referred to as “Schedule 2” waste. That’s the name given to waste from properties such as schools and care homes, which is classified as “household waste”, but which councils are allowed to charge for […]


February 24th, 2017

Separate ways: a commercial waste case study

by Nick Stott and Peter Jones   It’s now a little over two years since the separate collection requirements under the amended Waste (England and Wales) Regulations 2011 took effect. For waste collectors, this made it compulsory to ensure that, if they were collecting paper, metals, plastics or glass, they did so by way of […]


January 13th, 2017

Multiple points: in favour of fishing hook restrictions

by Stuart McLanaghan   For many, angling represents a life-long passion that starts at childhood and continues throughout adult-life, where some claim to experience a connection with our more primeval hunter-gatherer instincts. Angling is one of our biggest recreational activities – a 2010 survey indicated 4.2 million people in England and Wales had been freshwater […]


December 16th, 2016

Guidance counselling: understanding fire prevention plans

by Sophie Crosswell   Since the introduction of the Environment Agency’s (EA) Fire Prevention Plan (FPP) Guidance, waste operators have been battling with the national approval panel to achieve the compliant plans needed for their new facilities.  Whilst July’s revised guidance went some way to clarifying the EA’s expectations and flexibility, gaining approval for a […]


September 30th, 2016

What’s VAT got to do with the price of bins?

by Peter Jones   Should local authorities have to charge VAT on their commercial waste services? Not according to Mr Justice Warren of the Upper Tribunal (Tax and Chancery Chamber), who this month declined to overturn HMRC’s 2011 decision that such services were VAT exempt. HMRC’s logic was that, because their duty to collect commercial […]