Events & Courses

Waste Recovery (as opposed to disposal) is clearly preferable in terms of the waste hierarchy. Many local authorities now implement zero landfill policies and major capital projects have strong environmental commitments to direct suitable wastes away from landfill. The option to recover certain inert wastes and deposit them at suitable sites has significant environmental, strategic and commercial benefits.

Prior to late 2015 the Environment Agency focused its assessment of inert material deposits on land through a series of five tests, including the benefit of the scheme that received the materials; its volume and suitability for the proposed purpose; the impact of substituting non-waste with waste; and the proposed standard to which the scheme would be completed. These ‘tests’ were originally presented in Environment Agency guidance document RGN13, based upon legal tests derived from the Waste Framework Directive and European Case Law.

In November 2015, however, the Methley Quarry Court of Appeal Judgement changed the game. Tarmac brought the case, seeking to challenge the Environment Agency’s and Planning Inspector’s decision making, on recovery permitting for a quarry restoration scheme in West Yorkshire. Tarmac received a Judgement in their favour. There then followed a protected hiatus, and uncertainty for industry and operators, during which the Environment Agency sought to refine their guidance on waste recovery in light of the Court of Appeal Judgement.

The Environment Agency have recently (October 2016) published their long-awaited guidance which sets out how a case for waste recovery can be justified. In this talk Chris will review what it means for the minerals and land reclamation industries, and will discuss challenges, opportunities and alternatives.