APPENDIX ONE LEGISLATIVE FRAMEWORK FOR MANAGING LONDON’S MUNICIPAL WASTE THE MAYOR’S MUNICIPAL WASTE MANAGEMENT STRATEGY The legislative context and drivers authorities to achieve the European Directive for change landfill 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 European Union Directive. Under LATS, each waste disposal The European Commission’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 Landfill Directive. 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 waste disposal authority 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 landfill diversion • 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 landfill tax 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 waste hierarchy 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; Hazardous Waste 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 recycling 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. energy 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 ‘zero waste 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- commercial waste 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 demolition waste 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 reuse 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.