A revised waste framework directive was published at the end of November, leaving the definition of waste unchanged and removing the Van de Walle judgement restrictions, but lacking clarity elsewhere.
Delegates at the contaminated land policy briefing session at the Environmental Industries Commission conference heard barrister Anne Harrison from Beachcroft explain the directive's definitions, exclusions and uses.
Ms Harrison agreed with the professionals that there were points in the directive, such as the difference between recycling and re-use definitions, which could be clearer.
In particular, it talks about "backfilling operations", without explaining what these could be. One delegate took it to mean contaminated soil that is returned whence it came, but there was no confirmation of this.
Exclusions in the revised directive now remove the Van de Walle restrictions, as it only applies to contaminated land that has been removed from its original location. It also excludes uncontaminated soil and naturally occurring material excavated during construction work.
An environmental permit will not be needed when reusing materials that were once waste, as they will no longer be classified as waste after they have been checked, cleaned or prepared according to the guidelines, so waste regulations will not apply.
