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Legislation affecting waste

Even when laws have been written down, they ought not always to remain unaltered.
Aristotle (384 BC - 322 BC), Politics

Waste is rubbish that people discard because they no longer need it. Because people no longer need it, they tend not to care so much about it, and therefore it is particularly important to ensure that it is managed in a way that doesn't cause pollution or harm health. For example, a full can of fizzy drink has a higher pollution potential than an empty can (because it also contains the drink) - but people are much less likely to throw away a full can because it has a value to them. This is one of the reasons why it is important to have laws which specify how wastes should be managed.

All methods of managing waste, whether landfilling, incineration, composting or recycling, have the potential to cause pollution of the environment or harm to human health. There may also be impacts such as nuisance arising from the particular location of waste management facilities. Most people do not want a waste management facility on their doorstep.

The best approach is to try not to produce the waste in the first place. Historically, legislation relating to waste has generally been concerned with protecting our health and our environment. More recently, legislation has addressed issues relating to waste reduction, energy or resource efficiency (such as the Waste Minimisation Act or the Integrated Pollution Prevention and Control Directive).

Waste management legislation in the UK today is developed from European laws. The current national controls on waste originate from the Control of Pollution Act 1974 and were greatly tightened with the introduction of the Environmental Protection Act 1990. Legislation originally focused on the disposal of waste, but since the introduction of the EC Framework Directive on waste, control has extended to include the storage, treatment, recycling and transport of waste.

The European Union's waste legislation comprises three main elements

  1. framework legislation, for example covering waste definitions, permitting requirements and infrastructure
  2. technical standards for the operation of waste facilities to ensure a high standard of environmental protection
  3. requirements for specific waste streams, for example measures to increase recycling or to reduce hazardousness

There are a significant number of Directives relevant to waste management, including some which may not immediately appear relevant such as the Directive on Groundwater or the Habitats Directive.

Waste Watch has produced an information sheet which describes the main areas of European and national legislation impacting on waste management. The Directives covered include the following, with details of relevant national legislation or strategies which have been implemented as a result of the European legislation

  • The Directive on Waste (75/442/EEC, as amended by Directive 91/692/EEC)
  • Directive on Batteries (91/157/EEC & 93/86/EEC)
  • Hazardous Waste Directive (91/689/EEC)
  • Packaging and Packaging Waste Directive (94/62/EC)
  • Directive concerning Integrated Pollution Prevention and Control (IPPC) (96/61/EC)
  • Directive on the Landfill of Waste (1999/31/EC)
  • End of Life Vehicles (ELV) Directive (2000/53/EC)
  • Waste Incineration Directive (2000/76/EC)
  • Waste Electrical and Electronic Equipment (WEEE) Directive (2002/96/EC)


[file icon]Legislation affecting waste and recycling

Wasteline information sheet covering the main European and UK legislation affecting waste management and recycling.