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Home , Landfill Directive, National Waste Strategy, Waste disposal authority

APPENDIX ONE

LEGISLATIVE FRAMEWORK FOR MANAGING LONDON’S MUNICIPAL THE MAYOR’S MUNICIPAL STRATEGY

The legislative context and drivers authorities to achieve the European Directive for change diversion targets. The LATS has been This chapter sets out the legislative framework designed to provide a way for England to make and policy drivers for delivering the Mayor’s its contribution to UK targets for reducing the Municipal Waste Management Strategy. amount of biodegradable municipal waste going into landfill, as set by the 1999 EU Landfill The Directive. Under LATS, each waste disposal The ’s 6th Environmental authority is given a landfill allowance, which Action Plan and the Framework Directive on decreases annually up to 2020, setting out how Waste1 provide the general strategy for waste many tonnes of biodegradable municipal waste management. They establish several principles: it can send to landfill. These allowances are • The precautionary principle: where there is tradable, and can be banked or sold by a waste reasonable grounds for concern that an activity disposal authority if it does not need all of its is causing, or could cause, environmental allowance. Allowances can also be borrowed. damage then it is acceptable for policy makers to accept a lower level of evidence as to the There are, however, restrictions on how risk of harm when the consequences of that allowances can be sold, banked or borrowed, harm may be very costly or irreversible designed to ensure England does not fail to • The prevention principle: the production of meet the targets set by the . waste must be minimised and avoided where Borrowing may not be used to supplement possible to limit the potential for harm allowances in the target years – 2009/10, • The ‘polluter pays’ principle: places the 2012/13 and 2019/20 – or in the years responsibility for the management and disposal immediately preceding target years. Similarly, of waste on the person or organisation that the banking of allowances may not be used to first produced it supplement allowances in either the target years • The proximity principle: waste disposal should or the years immediately following target years. take place as close to the point of production Any that disposes of as possible, using the best practicable waste to landfill in excess of its allowance is environmental option (BPEO). liable to a financial penalty of £150 per tonne.

There are a wide range of legislative controls Government Review of Waste Policy affecting waste management that have flowed in England 2011 from these principles. The 1999 EU Landfill In June 2011 the government released a full Directive2 is a primary example of this. To review of waste policy in England3. In the review comply with the Landfill Directive the UK must the government announced it would abolish meet stringent targets on the reduction of the LATS at the end of its scheme year in April the amount of biodegradable municipal waste 2013. Whilst the LATS provided the initial (BMW) that can be landfilled of: mechanism to help UK waste authorities to • 75 per cent of that produced in 1995 by 2010 achieve the European Directive • 50 per cent of that produced in 1995 by 2013 targets, the government considers the rising • 35 per cent of that produced in 1995 by 2020 level of to be the primary driver for waste authorities to achieve these targets. The The Landfill Allowance Trading Scheme (LATS) main principles of the government’s review of provides the statutory mechanism for UK local waste policy in England are as follows: 3

• To prioritise efforts to manage waste in line Revised Waste Framework Directive with the and to reduce the (WFD) 2008. carbon impact of waste. Member States were required to bring into force • To develop a national waste prevention by 12 December 2010 the laws, regulations and programme administrative provisions necessary to comply • To promote the use of lifecycle thinking with the revised Waste Framework Directive in all waste policy and waste management (WFD). The revised WFD re-enacts, repeals or decisions, and the reporting of waste revises three existing Directives: (i) the existing management in carbon terms, as an WFD; (ii) the Waste Oils Directive; and (iii) the alternative to weight-based measures; Directive. • To ensure waste authorities consult with local communities and individual households The main changes introduced by the revised on providing high quality and consistent WFD may be summarised as follows: waste and collection services, and • Greater emphasis on resource efficiency incentivising residents to use these services and waste prevention as an objective of • To draw up plans to consult on a landfill ban waste policy set alongside protection of the of certain waste materials environment and human health. • To draw up plans to consult on increased • The waste hierarchy is now a priority order recycling targets on packaging producers from (prevention; preparing for re-use; recycling; 2013-2017 recovery (e.g. recovery); and disposal), • To maximise the contribution of the waste but Member States may depart from the and recycling industries to the benefit of the hierarchy if doing so results in a better UK economically and environmentally environmental outcome. • To consider how best the UK can work • Member States must put in place waste towards the ‘ economy’ by prevention programmes by the end of 2013. drastically reducing the amount of waste The Commission will report on progress in created and the valuable resources sent to waste prevention by 2011 and by the end landfill, and looking at the entire process from of 2014, it will set waste prevention and source to end of life decoupling objectives for 2020. • To consider new approaches to dealing with • Member States must achieve a target of re- and promoting ‘voluntary using or recycling 50 per cent of household responsibility deals’, reducing the amount of waste (including paper, metal, plastic and waste generated by commercial production glass) by 2020; and achieve a target of re- and retail sales using, recycling or recovering 70 per cent of • To abolish the LATS scheme at the end of its construction and by the same 2012/13 scheme year. Defra considers the date. The government is currently seeking rising level of Landfill Tax is the primary driver clarification on how this target applies across for waste authorities to divert waste from the different material streams, and clarification landfill on how performance in meeting the target is to • To get the most energy out of genuinely be measured. residual waste, rather than getting the most • Member States must set up separate collections waste into energy generation at least for paper, metal, plastic and glass by 2015, where it is technically, environmentally and economically practicable and appropriate THE MAYOR’S MUNICIPAL WASTE MANAGEMENT STRATEGY

to do so. (The UK has clarified that co-mingled Waste Strategy for England 2007 collection can continue after 2015 where this is The government set out its vision for sustainable the best means of increasing recycling rates in waste management in Waste Strategy for the local circumstances). England in May 2007 (the National Waste Strategy 2007). The Mayor’s Municipal Waste Explanatory information on the Revised Management Strategy must have regard to Framework Directive can be found at and be generally consistent with National www.defra.gov.uk. Waste Strategy 2007. The government’s main objectives are to: Planning Policy Statement 10: Planning • Decouple waste growth (in all sectors) from for Sustainable Waste Management economic growth and put more emphasis on Planning Policy Statement 10 (PPS10) sets waste prevention and out the Government’s policy to be taken into • Meet and exceed the Landfill Directive account by waste planning authorities and diversion targets for biodegradable municipal forms part of the national waste management waste in 2010, 2013 and 2020 plan for the UK. It requires that a strategy for • Increase diversion from landfill of non- muncipal waste management is produced as a municipal waste and secure better integration key component of regional spatial strategies, of treatment for municipal and non-municipal but which also takes account of other spatial waste planning concerns including transport, economic • Secure the investment in infrastructure needed growth, natural resources, regeneration and to divert waste from landfill and for the sustainable development. The main principles of management of hazardous waste PPS10 are as follows: • Get the most environmental benefit from that • To deliver sustainable development by driving investment, through increased recycling of waste management up the waste hierarchy. resources and recovery of energy from residual • To enable sufficient and timely provision of waste using a mix of technologies. waste management facilities to meet the needs of communities. The National Waste Strategy 2007 sets the • To help to implement the objectives of the following waste targets: Waste Strategy for England, and its supporting • A reduction in the amount of household waste targets, consistent with meeting obligations not reused, recycled or composted in 2000 by imposed by the European legislation. 29 per cent by 2010 with an aspiration for a 45 • To help to secure the recovery and disposal of per cent reduction by 2020. This is equivalent waste without endangering human health, or to a fall of 50 per cent household waste to harming the environment, and ensuring waste landfill per person (from 450kg per person in is disposed of as near as possible to its place of 2000 to 225kg in 2020). production. • Recycling and composting of household waste • To achieve self-sufficiency in local and regional – at least 45 per cent by 2015, and 50 per cent waste management that is reflective of the by 2020. types and quantities of waste generated. • Recovery of municipal waste – 53 per cent by • To ensure that the layout and design of new 2010, 67 per cent by 2015 and 75 per cent by developments support sustainable waste 2020. management. 5

The government has decided against setting • minimising emissions of carbon dioxide and individual borough targets, preferring to set other significant greenhouse substances an overall national target, the progress to from the use of energy in Greater London for achievement of which will be monitored. This is purposes other than those of transportation because there are already in place statutory local and authority targets for landfill diversion under the • supporting innovation, and encouraging LATS in addition to the rising level in landfill investment, in energy technologies in Greater tax. The government also believes it is not London promoting the efficient production and appropriate to set recycling targets for municipal use of energy in Greater London. and non-municipal waste due to different waste streams requiring different target and The Mayor published this strategy, known as the monitoring measures. The Mayor’s Municipal Climate Change Mitigation and Energy Strategy, Waste Management Strategy is consistent in October 2011. with the National Waste Strategy 2007 but the Mayor believes municipal waste targets Under the GLA Act, the Mayor is also subject to are also necessary for London to dramatically broader climate change duties as below. improve London’s municipal waste recycling and composting performance. 361A Duties of Mayor and Assembly with respect to climate change Climate change 1 The Mayor and the Assembly are each under Since the publication of the first Mayor’s a duty to address climate change, in relation Municipal Waste Management Strategy to London. (September 2003), the importance of mitigating 2 In the case of the Mayor, the duty consists of the effects of climate change has become a key each of the following: policy priority. a to take action with a view to mitigation of, or adaptation to, climate change, The Climate Change Act 2008 was enacted b in exercising any of his functions under this requiring the government to reduce net UK Act or any other Act (whenever passed), to greenhouse gas emissions by 80 per cent by take into account any policies announced 2050 against a 1990 baseline. The Climate by Her Majesty’s government with respect Change Act also requires the government to to climate change or the consequences of set five year climate change budgets to meet climate change, statutory emission reduction targets for 2025 c to have regard to any guidance, and and 2050. comply with any directions, issued to the Authority by the Secretary of State with The Mayor is required under section 361B of respect to the means by which, or manner the GLA Act 1999 (as amended) to publish in which, the Mayor is to perform the a strategy containing policies and proposals duties imposed on him by paragraph (a) or relating to the following: (b) above. • Minimising emissions of carbon dioxide and other significant greenhouse substances from In keeping with these duties the policies and the use of energy in Greater London for the proposals in this revised Mayor’s Municipal purposes of surface transport Waste Management Strategy seeks to promote the reduction of municipal waste, the use of THE MAYOR’S MUNICIPAL WASTE MANAGEMENT STRATEGY

resources more wisely and the production of Management Strategy. The Act as amended also efficient energy from municipal waste to reduce made the Mayor the planning authority, subject greenhouse gas emissions. It is therefore an to a policy test, for waste facilities that treat important tool in London’s response to climate over 50,000 tonnes of waste per annum, that change. affect more than one borough and that are of strategic interest. The Greater London Authority Act 1999 and 2007 In revising his Municipal Waste Management The Greater London Authority Act 1999 as Strategy, the Mayor has had regard to the GLA’s amended by the Gretaer London Act 2007 (the principal purposes4 of: GLA Act (as amended)) requires the Mayor to produce and keep under review a Municipal Waste Management Strategy. His first strategy, Promoting economic development and published in September 2003, contained wealth creation in Greater London policies to manage London’s municipal waste The implementation of the following policies (household waste and waste collected will directly improve economic development by local authorities) through to 2020. The and wealth creation in Greater London: proposals (actions to implement the policies) • Policy 1 and the proposals therein; were generally for the period through to 2006 • Policy 3 and the proposals therein; and and therefore now require updating. • Policy 5 and the proposals therein.

Section 353(3A) of the GLA Act (as amended) In the Policy chapters there is a full requires that where the Mayor revises his explanation of the expected results of each of Municipal Waste Management Strategy he shall the policies. have regard to any joint waste management strategies which authorities in Greater London A key aim of the revised Municipal Waste have for areas where the disposal authority Management Strategy is to manage municipal is not also a collection authority, through waste to enable the creation of wealth and authorities having a capacity to comment and economic development in London and this alert the Mayor to the strategies in place and has been a material consideration in the their effect. In revising his strategy the Mayor setting of targets in the revised strategy. has had regard to these joint strategies and the representations of the relevant authorities. Promoting social development in The GLA Act (as amended) now requires waste Greater London authorities to notify the Mayor of new waste The policies and proposals of the revised contracts before they are advertised and Municipal Waste Management Strategy requires waste authorities to act in general have regard to the promotion of social conformity with the Mayor’s Municipal Waste development in Greater London. The Management Strategy when undertaking their following policies and proposals apply waste functions. The Mayor also has a power • Policy 1 and the proposals therein; and of direction under section 356 of the GLA Act • Policy 6 and the proposals therein. (as amended), that he may exercise for the purposes of implementing his Municipal Waste 7

A primary purpose of the revised Municipal Contributing towards the achievement Waste Management Strategy is to improve the of sustainable development in the UK management of municipal waste in London to The four aims of sustainable development enable, among other outcomes, cost savings, are set out in the government’s Planning job creation and sustainable development, Policy Statement 1: Delivering Sustainable all of, which will assist in promoting social Development. They are: development in Greater London. • Social progress which recognises the needs of everyone • Effective protection of the environment; Promoting the improvement of the • The prudent use of natural resources; and environment in Greater London • The maintenance of high and stable levels of Primary objectives of the revised Municipal economic growth and employment. Waste Management Strategy are to secure a reduction in and the improved management The revised strategy by promoting the of, municipal waste in London in the management of municipal waste in interests of creating a better environment accordance with the waste hierarchy for Londoners. The implementation of all contributes to the achievement of all the four the policies and proposals in the revised aims of sustainable development strategy including meeting the targets set, will contribute towards the achievement of that goal. Contributing towards the mitigation of, or adaptation to, climate change In revising his strategy the Mayor has had and its consequences regard to the effect his policies and proposals A primary purpose of the revised Municipal would have on each of the following four Waste Management Strategy is to reduce statutory cross-cutting themes in section London’s carbon emissions that are 41(4)(b) of the Greater London Authority Act attributable to or consequential upon the (as amended) of: management of London’s municipal waste. The achievement of the Mayor’s waste targets will contribute to the mitigation of the effects Promoting improvements in the of climate change and their consequences in health of persons living in Greater London. Policies that, in particular, address London and the reduction of health this issue are: inequalities between persons living • Policy 2 and in Greater London • Policy 4: Achieving high municipal waste A primary objective of the revised Municipal recycling and composting rates Waste Management Strategy is to improve the management of London’s municipal waste in Achieving the emissions performance standard the interests of creating a better environment (EPS) set out in Policy 2 will ensure that the for Londoners, an aspect of which would management of London’s municipal waste, by be to create conditions conducive to reusing, recycling, composting or generating improvements in their health and a reduction renewable energy from as much waste as of health inequalities across the capital. possible, will reduce the emissions associated with articles using natural THE MAYOR’S MUNICIPAL WASTE MANAGEMENT STRATEGY

resources and generating energy from fossil Ensure that the strategy is consistent fuels. It is estimated that achieving 60 per with each of his 11 other statutory cent recycling or composting of municipal strategies waste could save approximately one million See text below regarding the Mayor’s other

tonnes of CO2eq emissions each year. strategies.

In revising and implementing the Mayor’s The resources available for the Municipal Waste Management Strategy, the strategy’s implementation Mayor has had regard under section 41(5) of The revised Municipal Waste Management the GLA Act (as amended) to: Strategy has been drafted with regard given to the resources available or likely to become available for the implementation of its policies The need to ensure the strategy is and proposals. Many of the proposals will consistent with national policies and require implementation by the capital’s waste such international obligations as the stakeholders including the London boroughs, Secretary of State may notify to the the waste industry, the third sector and the Mayor London Waste and Recycling Board. This Appendix 1 and the ‘Legislative and policy context’ section in the strategy list Detailed economic modelling of the strategy the relevant national and international and its deliverability has been undertaken, policies and obligations; and Appendix 3 the final report of which is contained in outlines how the implementation of the Appendix 4a. policies and proposals of the revised strategy will contribute to meeting their aims and A detailed implementation plan setting objectives. out the actions required to implement the individual proposals, who will deliver In revising the Municipal Waste Management them and dates by which actions are to be Strategy and in accordance with his duty implemented, is set out in Appendix 2. under section 41(9) of the GLA Act (as amended), the Mayor, in setting London- based targets for the management of The desirability of promoting and municipal waste has had regard to national encouraging the use of the River waste targets and objectives and performance Thames safely, in particular for the indicators set by the Secretary of State. provision of passenger transport The Mayor has set targets that are not services and for the transportation of less demanding than any related targets or freight objectives set nationally. The Mayor, when reviewing municipal waste management contracts, will work with waste authorities to promote the most sustainable forms of transporting waste, maximising the potential use of rail and transport wherever possible (e.g. see last proposal in Policy 5). 9

The effect on crime and disorder in • The production of less waste; areas within Greater London and the • an increase in the proportion of waste that is misuse of drugs, alcohol and other reused or recycled; substances in those areas • the use of methods of collection, treatment Policy 6 Achieving a high level of street and disposal of waste that is more beneficial to cleanliness is likely to have an indirect positive the environment. effect of reducing crime and disorder. In pursuing its objectives the Board is required to act in accordance with the Mayor’s Municipal Promoting improvements in Waste Management Strategy and in general public sector equality and equal conformity with the London Plan. The Board opportunities published its first Business Plan in February Policy 1 and Policy 4 promote greater 2009 describing the steps it will take to deliver consistency in the provision of waste, its objectives in line with the current waste reuse, recycling and composting collection strategy for London. The Business Plan will services across London, improving access be reviewed annually in order to take into to these services and providing incentive account any changes the Mayor may make to for all Londoners to use these services. his municipal management waste strategy or its More consistent and easily accessible waste implementation. management services for all Londoners to use will create conditions conducive to The Mayor’s other strategies improvements in equality of opportunity, and The London Plan 20115 sets London’s planning encourage people from protected groups framework including planning policies for waste. and protected characteristics to participate in The Mayor’s statutory powers of direction for public life. waste (under section 356 of the Greater London Authority Act) are limited to municipal waste, leaving the majority of London’s waste outside The London Waste and Recycling Board the Mayor’s policies and control. However, to Section 356A of the GLA Act (as amended) deliver the London Plan the Mayor needs to provided for the establishment of the London provide a comprehensive strategic framework for Waste and Recycling Board (the ‘Board’) with all waste produced in London. objectives to promote and encourage the production of less waste and its sustainable The London Plan key waste policies are: management. The Board brings together • Manage as much of London’s waste within the Mayor, London Boroughs, and other London as practicable, moving towards stakeholders involved in managing London’s managing 100 per cent of London’s waste waste. within London by 2031 • working towards zero biodegradable and The Board was established in September recyclable waste to landfill by 2031 2008 and comprises eight members under the • Setting recycling/composting targets of: chairmanship of the Mayor. It has an investment - 50 per cent for municipal waste by 2020, fund of £73.4 million from 2008 - 2015. increasing to 60 per cent by 2031 The Board’s objectives are to promote and - 70 per cent commercial waste by 2020 encourage, in relation to Greater London: THE MAYOR’S MUNICIPAL WASTE MANAGEMENT STRATEGY

- 95 per cent reuse and recycling for - Waste Directive 2008/1/EC construction, demolition, and excavation - Environmental Permitting (England and waste by 2020 Wales) Regulations 2007 (as amended) • Promoting waste management activities achieving the greatest possible climate change • Recycling and Landfill mitigation and energy saving benefits and - Household Waste Recycling Act 2003 • Borough level projections of London’s waste - Landfill (England and Wales) Regulations arisings 2002 (as amended) - Waste and Emissions Trading Act 2003 The Mayor has developed a non-statutory - Landfill Allowance Trading Scheme Strategy that sets ambitious (England) Regulations 2004 (as amended) targets for business re-use and recycling, and energy generation from waste. It accords • Hazardous Waste with the policies and proposals of his revised - Hazardous Waste Directive 91/689/EEC Municipal Waste Management Strategy. [until 12 December 2010] - Hazardous Waste (England and Wales) In revising his Municipal Waste Management Regulations 2005 (as amended) Strategy, the Mayor has had regard to the - List of (England) Regulations 2005 achievement of its consistency with his other (as amended) strategies both adopted and emerging. • Animal By-Products Other European Directives and - Animal By-Products Regulation (EC) No. legislative drivers 1774/2002 There are a wide range of other European - Animal By-Products Regulation 2005 (as Directives and legislative controls affecting amended) the production and management of waste in London include: • Producer Responsibility: Packaging • Environmental Protection - Packaging and Directive - Environmental Protection Act 1990 94/62/EC - Environmental Protection (Duty of Care) - Packaging (Essential Requirements) Regulations (1991) (as amended) Regulations 2003 (as amended) - (Registration of Carriers - Producer Responsibility Obligations and Seizure of Vehicles) Regulations 1991 (Packaging Waste) Regulations 2007 (as (as amended) amended) - Controlled Waste Regulations (1992) (as amended) • Producer Responsibility: End-of-Life Vehicles - Clean Neighbourhoods and Environment Act - End-of-Life Vehicles Directive 2000/53/EC 2005 - End-of-Life Vehicles Regulations 2003 - Site Waste Management Plan Regulations - End of Life Vehicles (Producer 2005 Responsibility) Regulations 2005

• Environmental Permitting • Producer Responsibility: Waste Electrical and - Integrated Prevention & Control Electronic Equipment (WEEE) Directive 2008/1/EC 11

- Restriction on the Use of Certain Hazardous Endnotes Substances in Electrical and Electronic 1 EU Directive on Waste 75/442/EEC as amended Equipment Directive 2002/95/EC by Council Directive 91/156/EEC and adapted by Council Directive 96/350/EC - Restriction of the Use of Certain Hazardous 2 Council Directive 1999/31/EC on the Landfill of Substances in Electrical and Equipment Regulations 2008 (as amended) 3 Government policy review of waste management in - Waste Electrical and Electronic Equipment England, Defra 2011 4 GLA Act (as amended) s41(4)(a) Directive 2002/96/EC and Amendment 5 The London Plan: Spatial Development Strategy for Directive 2003/108/EC Greater London 2011 - Waste Electrical and Electronic Equipment Regulations 2007 (as amended)

• Producer Responsibility: Batteries and Accumulators - Directive (2006/66/EC) on Batteries and Accumulators and Waste Batteries and Accumulators - Batteries and Accumulators (Placing on the Market) Regulations 2008 - Waste Batteries and Accumulators Regulations 2009

The revised strategy, in promoting the management of municipal waste in Greater London in accordance with the waste hierarchy, is in general conformity with the aims and objectives of these legislative and policy provisions.