Duty of Care: Difference between revisions
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[[Category:Legislation & Policy]] | [[Category:Legislation & Policy]] | ||
The | The '''Duty of Care''' regime was introduced in Section 34 of the [[Environmental Protection Act 1990]] and creates a duty on all who import, produce, carry, keep, treat or dispose of [[Controlled Waste]] or who act as waste brokers or control the waste<ref>[[DEFRA]], 2018. [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/759083/waste-code-practice-2018.pdf Waste Duty of Care Code of Practice November 2018. London: Department for Environment, Food and Rural Affairs], Welsh Government.</ref>. | ||
The Duty of Care regime aims to ensure that anyone involved in the handing or management of waste take all appropriate measures to ensure that<ref>Croner's Waste Management</ref>: | The Duty of Care fundamentally places a responsibility to take all reasonable steps to ensure that when waste is transferred to another waste holder that the waste is managed correctly throughout its complete journey to [[Disposal]] or [[Recovery]]. The regime aims to ensure that anyone involved in the handing or management of waste take all appropriate measures to ensure that<ref>Croner's Waste Management</ref>: | ||
*waste is not passed to to anyone else who may illegally | * waste is not passed to to anyone else who may illegally treat, keep or deposit the waste | ||
*waste is prevented from escaping i.e.does not blow away from a site or vehicle transferring any waste | * waste is prevented from escaping i.e.does not blow away from a site or vehicle transferring any waste | ||
*on transfer of waste | * on the transfer of waste ensuring that: | ||
**transfer only occurs to an | ** transfer only occurs to an '''Authorised Person''' or for authorised transport. | ||
**transfer is | ** transfer is accompanied by a written description of the waste on ([[Waste Transfer Note]]) or a ([[Consignment Note]] for hazardous waste). | ||
An | An Authorised Person is one of the following<ref name="DOC">[https://www.gov.uk/government/publications/waste-duty-of-care-code-of-practice/waste-duty-of-care-code-of-practice/ Duty of Care Code of Practice]</ref>: | ||
#someone who has a valid registration as a carrier, broker or dealer of the waste | #someone who has a valid registration as a carrier, broker or dealer of the waste | ||
#waste management operator who | #a waste management operator who has an [[Environmental Permit]] or [[Registered Exemption]] from such a permit to accept such waste | ||
The Waste Duty of Care Code of Practice (The Code) sets out practical guidance on how to meet your waste duty of care requirements. It is issued under section 34(7) of the [[Environmental Protection Act 1990]] (the EPA) in relation to the | The '''Waste Duty of Care Code of Practice''' (The Code) sets out practical guidance on how to meet your waste duty of care requirements. It is issued under section 34(7) of the [[Environmental Protection Act 1990]] (the EPA) in relation to the Duty of Care set out in Section 34(1) of that Act<ref name="DOC" />. The Code is applicable in England and Wales; in Scotland the Duty of Care regime is governed by [[The Environmental Protection (Duty of Care) (Scotland) Regulations 2014]]. | ||
Failure to comply with the | Failure to comply with the Duty of Care is an offence with no upper limit on the courts' power to fine. In some instances a fixed penalty notice may be issued for failure to comply with the Duty of Care in place of prosecution. The Code is admissible as evidence in legal proceedings for Section 34(1) offences and its rules must be taken into account where relevant to questions raised in the case<ref name="DOC" />. | ||
The occupiers of domestic property disposing of | The occupiers of domestic property disposing of [[Household Waste]] from that property are exempted from the section 34(1) Duty of Care by and have a separate duty of care for the disposal of that waste under Section 34(2A)<ref name="DOC" />. | ||
==References== | ==References== | ||
<references /> | <references /> | ||
Revision as of 12:21, 7 December 2020
The Duty of Care regime was introduced in Section 34 of the Environmental Protection Act 1990 and creates a duty on all who import, produce, carry, keep, treat or dispose of Controlled Waste or who act as waste brokers or control the waste[1].
The Duty of Care fundamentally places a responsibility to take all reasonable steps to ensure that when waste is transferred to another waste holder that the waste is managed correctly throughout its complete journey to Disposal or Recovery. The regime aims to ensure that anyone involved in the handing or management of waste take all appropriate measures to ensure that[2]:
- waste is not passed to to anyone else who may illegally treat, keep or deposit the waste
- waste is prevented from escaping i.e.does not blow away from a site or vehicle transferring any waste
- on the transfer of waste ensuring that:
- transfer only occurs to an Authorised Person or for authorised transport.
- transfer is accompanied by a written description of the waste on (Waste Transfer Note) or a (Consignment Note for hazardous waste).
An Authorised Person is one of the following[3]:
- someone who has a valid registration as a carrier, broker or dealer of the waste
- a waste management operator who has an Environmental Permit or Registered Exemption from such a permit to accept such waste
The Waste Duty of Care Code of Practice (The Code) sets out practical guidance on how to meet your waste duty of care requirements. It is issued under section 34(7) of the Environmental Protection Act 1990 (the EPA) in relation to the Duty of Care set out in Section 34(1) of that Act[3]. The Code is applicable in England and Wales; in Scotland the Duty of Care regime is governed by The Environmental Protection (Duty of Care) (Scotland) Regulations 2014.
Failure to comply with the Duty of Care is an offence with no upper limit on the courts' power to fine. In some instances a fixed penalty notice may be issued for failure to comply with the Duty of Care in place of prosecution. The Code is admissible as evidence in legal proceedings for Section 34(1) offences and its rules must be taken into account where relevant to questions raised in the case[3].
The occupiers of domestic property disposing of Household Waste from that property are exempted from the section 34(1) Duty of Care by and have a separate duty of care for the disposal of that waste under Section 34(2A)[3].
References
- ↑ DEFRA, 2018. Waste Duty of Care Code of Practice November 2018. London: Department for Environment, Food and Rural Affairs, Welsh Government.
- ↑ Croner's Waste Management
- ↑ 3.0 3.1 3.2 3.3 Duty of Care Code of Practice