getting energy and product out of waste: the latest legal developments
Back by popular demand - following the success of our September waste industry seminar, we are now rerunning the event in November. Sign up now to ensure you get a place.
The legal definition of waste gets more complicated with each passing year. Residues, by-products, and other such materials which are deemed by regulators to be “waste” are a regulatory burden, a commercial liability and a source of potential legal liability.
Conversely, there is real commercial value to be derived from the production of by-products, secondary products and “end of waste” materials from something hitherto classed as a waste – whether you are a producer, a processor or an end user of the material. That, plus the bonus of avoiding the regulatory burdens, costs and liabilities of waste. However, the tendency for “default” waste classification remains a barrier to getting by-products and recovered wastes to market with the assurance of product status. The legal position is fraught with uncertainty and complexity.
There have been successive attempts at a UK legal interpretation. There was a line of English case law which confused and conflicted, this has been followed by a series of more recent European and UK Court rulings. The UK regulatory guidance has changed several times, the EA/WRAP Protocol project is now in full swing, and the new Waste Framework Directive is due to become UK law in December 2010, in some respects not bringing the clarity it was supposed to.
Amid the shifting sands of the law, and the developing technology, clarity is the order of the day. As specialists in this field, with our work on the leading case before the Court of Appeal and for the European Commission, we at Semple Fraser have an intimate understanding of the pitfalls and the commercial opportunities presented by the developing law and regulatory practice.
In this very practical seminar, we will provide an update on the state of the law, including the potential effects of the new Directive. We also apply some specific focus to the vexed area of construction waste, and the fast growing “energy from waste” sector. We are also delighted to welcome a technical contribution from our guest speaker, William Firth of Sustainable Resource Solutions, in relation to the critical area of the practical application of “end of waste”.
PROGRAMME
09.30: Registration & Coffee
10.00: Chairman’s Introduction
John Hyde, Real Estate Partner, Semple Fraser
10.10: Legal Definition of Waste: what exactly is the law now?
Vincent Brown, Partner, Head of Waste Group, Semple Fraser
- The landscape of waste definition law
- The key legal rules and how do they fit together
- The relationship between EU and UK legislation
- Legal impact of the new Waste Framework Directive and EA/WRAP protocols
10.30: Construction wastes and soils
Josephine Armstrong, Solicitor, Waste Group, Semple Fraser
- Legal rules affecting soils, aggregates and other “products” of the construction industry
- “Offsite” use of excavated materials
10.45: Coffee Break & Networking
11.00 am: Energy from Waste
Fiona Ross, Solicitor, Waste Group, Semple Fraser
- Impacts for the “EfW” sector of the new Waste Framework Directive
- Critical links between policies on renewable energy, energy recovery from waste and “end of waste” fuels
11.15: “End of waste” – legal and technical steps to getting it right
William Firth, Managing Director, Sustainable Resource Solutions
Vincent Brown, Head of Waste Law, Semple Fraser
- The essential ground rules of processing an end of waste application with the Environment Agency and SEPA.
11.45: Questions & Discussion
12.25: Buffet Lunch & Networking