Meaning of waste—products and by-products

Produced in partnership with Leslie Heasman of MJCA , Samantha Riggs of 25 Bedford Row and

Practice notes

Meaning of waste—products and by-products

Produced in partnership with Leslie Heasman of MJCA , Samantha Riggs of 25 Bedford Row and

Practice notes

The Waste (England and Wales) Regulations 2011 transposed the requirements of the revised WFD into domestic law. Predecessor Directives were implemented through the various Act and Regulations, the most up to date version of which are as follows:

•
the Environmental Protection Act 1990, particularly section 34 dealing with the ‘duty of care’ on those responsible for waste
•
the Control of Pollution (Amendment) Act 1989 and the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991, SI 1991/1624, dealing with the registration of waste carriers
•
the Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154, dealing with permitting of waste disposal and recovery operations
•
the Hazardous Waste (England and Wales) Regulations 2005, SI 2005/894 and the Hazardous Waste (Wales) Regulations 2005, SI 2005/1806 (W.138), and Hazardous Waste (England and Wales) (Amendment) Regulations 2016, SI 2016/336 dealing with hazardous waste, and
•
the Town and Country Planning Act 1990 and the Planning and Compulsory Purchase Act 2004 and subordinate legislation made under those Acts,

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Leslie Heasman

Consultant Environmental Chemist, MJCA

Leslie is an environmental chemist who has worked in waste management for more than 30 years. After graduating with a B.Sc. in Environmental Chemistry from the University of Edinburgh she started work undertaking research at AERE Harwell into the fundamental behaviour of wastes and the outputs of the research fed into key government guidance documents. Since 1986 she has been providing technical advice on environmental issues with MJCA where she now is the Managing Director and Principal Environmental Chemist.

Leslie has particular interest and expertise in the assessment and control of chemical contaminants in the aquatic, atmospheric and soil environments. She has wide experience in waste management, mineral extraction, contaminated land and general environmental management together with particular skills in risk assessment where understanding the fate and transport of contaminants in the environment is critical.

The technical aspects of managing waste routinely need to be considered alongside the regulatory controls over the management of waste – from something as basic (but for from simplistic) as the definition of waste to matters as complex as what technology is regarded as ‘best’ for the management of a specific waste type at a particular point in time. Leslie has unusual and extensive experience in the practical application of these areas of interaction.

Leslie is a Chartered Chemist and a Fellow of the Royal Society of Chemistry, she is a Member of the Chartered Institution of Wastes Management, a Chartered Resource and Waste Manager and a Chartered Environmentalist.

Samantha Riggs

Barrister, 25 Bedford Row

Samantha is a criminal defence barrister and chartered waste and resources manager specializing in defending companies and individuals in environmental, financial and regulatory matters. She is recognized by the legal directories as a leading junior in the area of financial crime and known for her attention to detail. She is experienced in POCA and restraint proceedings. Over the past six years she has concentrated more on environmental law and is in constant high demand due to her specialist knowledge.

Recommended in Legal 500 as “the leading – and best junior – in the area of [environmental law] with a deep technical understanding of the waste industry”.

Also recommended in Chambers & Partners – “Clients value her practical and commercial advice as well as her fearless defence skills” and was shortlisted for Environmental and Planning Junior of the Year 2020.

Samantha has particular interest and expertise in waste management and environmental permitting and regularly provides early stage advice in corporate and regulatory investigations. She has taken legal challenges to the permitting regulations in a number of prosecutions. She is experienced in working with experts on technical aspects of cases and regularly speaks at industry events. Samantha sits on CIWM waste and health & safety steering groups, is also a member of UK Environmental Law Association sitting on the waste working and waste litigation party and a member of the Health & Safety Lawyers Association. Samantha is currently co-authoring The Practical Guide to Waste Management Law due for publication later this year.

Jurisdiction(s):

United Kingdom

Key definition:

Framework Directive definition

What does Framework Directive mean?

Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services, as amended by Directive 2009/140/EC of the European Parliament and of the Council.

Meaning of waste—products and by-products

Produced in partnership with Leslie Heasman of MJCA , Samantha Riggs of 25 Bedford Row and