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Environmental Law > L5 - Waste Management > Flashcards

L5 - Waste Management Flashcards

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1
Q

What are the 2 arms to waste management?

A
  1. Protection

2. Control

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2
Q

Give a generic definition of waste

A

“Any materials unused and rejected as worthless or unwanted”

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3
Q

What is the legal definition of waste and where is it outlined?

A

“Any substance or object in the categories set out in Annex I, which the holder discards or intents or is required to discard”

Article 3 (1) of the Waste Framework Directive 2008/98/EC

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4
Q

How many categories of waste are there in Annex I?

A

16

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5
Q

What are the 2 problems associated with waste?

A
  1. When does it become waste?

2. When does it cease to be waste?

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6
Q

Which case confirmed that waste remains waste if the intention is to discard?

A

ARCO

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7
Q

Which case led to the creation of the End of Waste Test?

A

Scottish Power Generation Ltd. v. SEPA

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8
Q

What did Lord Reed say had to be the case for waste to be at the end of waste?

A

The material can be used without further processing under the same conditions of environmental protection and without any greater danger of harm to human health or the environment

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9
Q

What is a residue or byproduct?

A

Waste is what falls away when one processes material, is not the end product and so residences would always constitute waste

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10
Q

What 5 criteria have to be met for the primary production purpose test?

A
  1. Intentionally produced
  2. Certain Use
  3. No Further Processing Required
  4. Has to be reused as an integral part of the production process
  5. Remains on site
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11
Q

Under the waste framework there are 3 categories with specific directives, what are they?

A
  1. Special Wastes
  2. Processing and Disposal Facilities
  3. Transport/Import/Export
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12
Q

What does Article 4 of Directive 2008/98/EC refer to?

A

Waste Hierarchy

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13
Q

What does Article 5 of Directive 2008/98/EC refer to?

A

By Product Criteria

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14
Q

What does Article 6 of Directive 2008/98/EC refer to?

A

End of Waste Criteria

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15
Q

What does Article 11 of Directive 2008/98/EC refer to?

A

Promotions of re-using and recycling waste by 2020

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16
Q

What does Article 17 of Directive 2008/98/EC refer to?

A

Control of Hazardous Waste

17
Q

What does Article 23 of Directive 2008/98/EC refer to?

A

Permitting of waste disposal and recovery operations

18
Q

What are the 5 tiers of the waste hierarchy (starting with the most sustainable)?

A
  1. Prevention
  2. Preparing for Re-Use
  3. Recycling
  4. Other recovery/consumption
  5. Disposal
19
Q

What are the 2 aims of the waste management regime?

A
  1. Control Waste Pollution

2. Change Behaviour

20
Q

Which section of EPA 1990 outlines waste offences?

A

Section 33

21
Q

Which section of EPA 1990 outlines the meaning of deposit?

A

Section 33 (1)

22
Q

Which section of EPA 1990 outlines the meaning of knowingly?

A

Section 33 (3)

23
Q

Give 2 defences

A
  1. Permitted Activity

2. All reasonable precautions taken

24
Q

What is the maximum penalty from the Magistrates Court?

A

12-month imprisonment/£50,000 fine

25
Q

What is the maximum penalty from the Crown Court?

A

5-year imprisonment/unlimited fine

26
Q

Which 2 penalties are outlined in the Clean Neighbour Hood Act (2005)?

A
  1. Order Clean Up Costs

2. Confiscation of Vehicles

27
Q

What is duty of care?

A

It applies to any person who produces, imports, carries, keeps or disposes of controlled waste or who, as a broker has control of it

28
Q

What is carriage of waste connected to?

A

Duty of Care

29
Q

What 5 things must be done for duty of care?

A
  1. Prevent Intervention by Others
  2. Ensure waste is dealt with properly by others down the chain
  3. Prevent escape of waste
  4. Transfer only to an authorised person
  5. Give a written description of the waste when transferring it
30
Q

What must be the case of the carriage of waste?

A

All carriers must be register with the EA and have a license to carry waste

Environmental Law (9 decks)

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