Is the material capable of being waste? Has the material been discarded?

Pill LJ: ... On behalf of the Appellants, Mr Brodie ... submits that for a material to be ‘waste’ there has to be an intention on the part of the person or company in possession of it to dispose of or abandon it. If the material does not go out of the possession of people who want it, then it is not waste. The material in these cases was not waste because it was wanted by the Appellants.