Government Issues Consultation On Revised Duty Of Care Guide

fly-tipping-tyreDefra and the Welsh Government are seeking views on whether the revised code of practice explains the legal duty of care obligations clearly. 

The UK and Welsh Governments are seeking views on the revised duty of care Code of Practice and invite comments on whether it offers clear, fit for purpose and practical guidance to holders of waste.

The Duty of Care is a legal requirement for those dealing with certain kinds of waste to take all reasonable steps to keep it safe and is set out in the  Environmental Protection Act 1990 (EPA).  It applies to anyone who is a holder of household, industrial and commercial waste, known as controlled waste.

Defra and the Welsh Government says the current Code of Practice does not reflect a number of important legislative changes relating to the duty of care that have been introduced since its publication in 1996

The purpose of the Code of Practice is to give simple, clear and practical guidance on what those who import, produce, carry, keep, treat or dispose of controlled waste have to do to fulfil their legal duty of care obligations.

Compliance with the duty of care helps to prevent waste crime and fly-tipping, which blights the areas where it occurs, can pose a risk to the environment and human health, and affects the livelihoods of those involved in the legitimate waste management industry. Waste crime has been estimated by the Environmental Services Association Education Trust to cost the UK economy £568m per annum.

Defra and the Welsh Government says the current Code of Practice does not reflect a number of important legislative changes relating to the duty of care that have been introduced since its publication in 1996.

In revising the Code of Practice, Defra has tried to:

  1. explain the legislative requirements of the duty of care, and make clear who and what they apply to;
  2. provide guidance so that each user understands how to demonstrate compliance with the duty of care;
  3. signpost other legislative requirements that apply to the management of waste and must be complied with alongside the duty of care in particular circumstances; and
  4. publish in a format that meets the needs of the user.

They want to know whether stakeholders think the revised code of practice gives clear and practical guidance on fulfilling legal duty of care obligations.

For the consultation document CLICK HERE


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