ABSTRACT

Part II of the Environmental Protection Act (EPA) 1990, as amended by the Environment Act (EA) 1995, and supplemented by the Waste Management Regulations 1994, the Special Waste Regulations 1996 and the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991, as amended, comprise the main planks of the regulatory regime relating to the management of solid wastes arising in England and Wales. The EPA 1990 has introduced a stricter and more extensive regulatory framework than had previously existed under the Control of Pollution Act (COPA) 1974. In particular, the EPA 1990 has introduced a statutory duty of care which creates ‘cradle to grave’ responsibility applying to all persons in the waste chain who handle waste from the time it is created to the time it is finally disposed of. The definition of ‘waste’ has been amended, as a result of European Community legislation, so that a greater range of wastes are now subject to regulatory control. In addition, additional controls apply to wastes which are ‘special’ because they are particularly dangerous or difficult to handle.