1. Regulatory perspectives on ochre use Hugh Potter & Brian Bone Environment Agency Science Group www.environment-agency.gov.uk/science The views expressed in this presentation are not necessarily those of the Environment Agency

2. Outline Relevant legislation EU Waste Framework Directive Environmental Protection Act 1990 and Controlled Waste Regulations 1992 Town & Country Planning regime, and Mines and Quarries Act Proposed Mining Waste Directive Regulation of ochre management

3. EU Waste Framework Directive WsFD excludes “ waste resulting from the prospecting, extraction, treatment and storage of mineral resources and the working of quarries”, where this waste is already “covered by other legislation” AvestaPolarit case (ECJ) clarified “other legislation” as including national legislation Government’s view is that “Town and Country Planning Acts and related legislation meet the test set by the ECJ for national legislation”

4. Regulation of ochre waste ? WsFD excludes 'waste from treatment of mineral resources’ e.g. ochre sludges Therefore not subject to “controlled” waste regime Environmental Protection Act, 1990 Landfill Directive Defra consultation (till March 2005) on “The Waste Management (England and Wales) Regulations 2005” confirms that mineral waste regulated by T&C Planning non-mineral waste will be by 2005 Regulations

5. Mining Waste Directive Draft EU Mining Waste Directive covers: “management of wastes from the extractive industry from the prospecting, extraction, treatment and storage of mineral resources and the working of quarries. ” “mineral resources” defined and excludes “water” Therefore, ochre sludge from mine water treatment is thought to be excluded from MWD (although the interpretation and content of the Directive is subject to change)

6. When is a mine not a mine ? Wheal Jane tin mine, Cornwall - active treatment abstraction licence and discharge consent sludge to tailings dam operated under Mines and Quarries Act active treatment not directly regulated legal opinion that still mining waste even though mine is closed. Ochre sludges from treatment of water from abandoned coal mines (e.g. CA schemes) mining wastes so excluded from WsFD

7. Management options for ochre Disposal direct from treatment scheme tailings dam landfill Potential uses nutrient recovery treatment of metal-rich waters but...