Defra clarifies waste definition

New guidance on whether something is or is not waste has been produced by Defra, the devolved administrations and environment agencies in England, Wales and Northern Ireland

The guidance, which aligns with EU guidelines on the revised Waste Framework Directive (2008/98/EC), aims to help organisations make the right (and legal) decision in difficult cases, such as where the substance or object has a value or a potential use, or where the decision is about whether waste has been fully recovered or recycled and has therefore ceased to be waste.

The guidance is split into three parts:

• part 1 explains the background to, and the rationale for the guidance;
• part 2 is a practical guide for businesses and other organisations; and
• part 3 provides detailed guidance on the case law on the definition of waste.