Defra has published a legal definition of waste to help organisations and businesses decide ‘whether something is or is not waste’.

Following on from January 2010’s draft interpretation of the definition of waste, the ‘Guidance on the legal definition of waste and its application’ document, published on Monday (20 August), is aimed at waste operators and ‘anyone who needs to gain a more thorough understanding of the definition of waste’ and hopes to clarify the difference between waste (that has no value), and substances and objects that have potential value or use through recovery or recycling.

Prepared in conjunction with the Welsh Government, the Department of Environment in Northern Ireland, the Environment Agency and the Northern Ireland Environment Agency, the document was published to ensure that the definition of waste is ‘fully aligned’ with the European Commission’s revised Waste Framework Directive which defines waste as: ‘any substance or object which the holder discards or intends or is required to discard’.

‘This guidance is aimed at businesses and other organisations which take decisions on a day-to-day basis about whether something is or is not waste. In most cases, the decision is straightforward and whoever is taking the decision does not need guidance from the competent authorities to help them take it. However, in some cases, the decision is more difficult (e.g. 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 aim of the guidance is to help ensure that the right decision is taken in these more difficult cases’, read a Defra statement.

Defra goes on to say that the document ‘does not change the legal definition of waste and it does not take precedence over the case law on the definition’s interpretation – it only provides guidance on that case law according to the competent authorities’ knowledge at the time of publication of the guidance.’

Divided into three parts, the guidance comprises:

• Background and rationale for the draft guidance;
• Practical guide for businesses and other organisations; and
• Detailed guidance on the legal definition of waste and its application.

Though intended to help operators decide whether or not a material is considered waste, Defra maintains that the definition does not cover all cases and advises that anyone with specific issues should contact the Environment Agency.

The legal definition of waste guidance can be found on Defra’s website.