CONSULTATION: Waste Crime & Householder Duty of Care

A consultation on proposals to tackle crime and poor performance in the waste sector & introduce a new fixed penalty for the waste duty of care

The consultation is aimed at tackling crime and poor performance in the waste sector, which has long suffered from poor compliance rates and illegal waste sites, fly-tipping and other forms of criminal activity.

The consultation is divided into three sections:

Part A focuses on raising the standard of operator competence across all permitted waste sites by strengthening the regulators’ assessment and enforcement abilities.

Part B is about reforming the exemptions regime within the waste permitting system.

Part C sets out proposals for a Fixed Penalty Notice for household Duty of Care offences related to fly-tipping.

The consultation seeks views from organisations and individuals with evidence to support and inform the future direction and policy options to tackle waste crime and persistent poor performers.

The key areas from the consultation follow the above three sections, namely:

  1. Raising the standard of operator competence across all permitted waste sites by strengthening the regulator’ assessment and enforcement abilities.
  2. Reforming the exemptions element within the waste permitting regime.
  3. Introducing a Fixed Penalty Notice for household Duty of Care offences for fly-tipping.

This consultation is topical given the focus on waste management given in the UK Government’s A Green Future: Our 25 Year Plan to Improve the Environment, and the recent publication of the draft Waste Enforcement (England & Wales) Regulations 2018 as highlighted in my recent articles: A Green Future: Our 25 Year Plan to Improve the EnvironmentDRAFT REGULATIONS: The Waste Enforcement (England and Wales) Regulations 2018

If you are affected by the issues of waste crime and duty of care or have views on the strategic direction for waste management, please consider responding to this consultation using the citizen space consultation hub at Defra here or by e-mail to: Wastecrime.Consultation@defra.gsi.gov.uk or in writing to:

Waste Regulation and Crime
Defra
Area 2B, Nobel House
17 Smith Square
London SW1P 3JR

Responses from Welsh individuals and organisations should be made by e-mail to waste@gov.wales or in writing to:

Waste & Resource Efficiency Division
Department for Natural Resources
Welsh Government
Cathays Park
Cardiff, CF10 3NQ

You should note that the consultation period is for 10 weeks in line with the Cabinet Office’s ‘Consultation Principles’ which advises government departments to adopt proportionate consultation procedures. The consultation opened on 15 January 2018 & will close on Monday, 26 March 2018.

A copy of the Consultation documents and online survey are freely available here

ACTION POINTS

  1. Review whether your operations are affected by waste crime or Duty of Care issues or that you have views on these issues.
  2. If you are planning to provide evidence or comments, respond to the consultation on or before Monday, 26 March 2018.
  3. Upon publication of the consultation comments, review the planned next steps by Defra and the Welsh Government & take appropriate actions to meet any new or revised compliance obligations implemented from the consultation.
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