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Kerbside collection law change expected

Law changes are likely after a legal challenge to controversial legislation about commingled kerbside collections.

Defra said it would be making “technical changes” to the Waste (England and Wales) Regulations 2011.

The regulations were introduced in March to implement the EU Revised Waste Framework Directive. But in September, the Campaign for Real Recycling was granted permission for a judicial review of the way they transposed the European law. 

CRR claims the inclusion of commingling is “contrary to the wording and the spirit of the WFD and therefore is not a transposition of it”.

But a Defra statement said: “Defra will make technical changes to the Waste (England and Wales) Regulations 2011 to ensure multi-bin recycling systems are not imposed on residents.

“The changes will mean that local authorities will be able to choose the types of recycling services local people want, while ensuring quality recycling is collected.”

It added: “Defra will seek the views of industry, local authorities and other interested parties to inform the change to be made to the legislation.”

Readers' comments (1)

  • It is difficult to unravel the convoluted statement from Defra. I think we can assume they were frightened they would lose the case and that local authorities might be forced to change to kerbside sorting despite the costs involved. The question is how can they change the regulations to avoid that while still meeting the Directive's requirement for separate collections? The key is the in the underlying purpose of the Directive which is more important in European law than in English law. The purpose is to promote high quality recycling. That suggests any changes should address the quality of the sorting arrangements associated with co-mingled collections. That will have important implications for local authorities and MRF operators.

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