1. WFAA Legal Update 22 nd May 2013 Andrew Waite, Consultant Solicitor Keystone Law Keystone Law, 53 Davies Street, London, W1K 5JH www.keystonelaw.co.ukwww.keystonelaw.co.uk - 020 7152 6550

2. SCENARIO 1 The Thorn Case 2008 Electrical/electronic goods returned to retailer Acquired by Thorn for repair Court held goods not waste because Thorn regarded them as capable of repair and reuse Presence of hazardous substances irrelevant

3. SCENARIO 2 The Ezeemo Case 2012 Waste electronic goods shipped to Nigeria No testing or checking Was there action by holders or intention to take action which changed status of waste goods? Evidence suggested no

4. SCENARIO 3 The Saetti and Frediani Case 2004 Production of different types of fuel from crude oil Petroleum coke produced intentionally Court held petroleum coke was a product not production residue Hazardous properties, therefore, irrelevant

5. SCENARIO 4 Production of biogas from organic waste Waste must be processed Process adjusted to maximise biogas production Is the biogas waste?

6. SCENARIO 5 The Inglenorth Case (2009) Demolition material from site A used as hardstanding at site B Court held material not waste

7. SCENARIO 6 The Evan Jones Case (2011) Surplus soil taken by hauliers to other land Haulier’s and land owner’s purpose in depositing/receiving soil relevant in deciding whether material was no longer waste

8. SCENARIO 7 The W, W and C Case Excavated soil used to create hard standing for farm buildings in Special Area of Conservation (SAC) Court held material may initially have been waste because it had to be disposed of If so, had material ceased to be waste? Was the material suitable for use in SAC?

9. SCENARIO 8 The OSS Case 2007 Waste oil processed into marketable fuel oil Court held material ceases to be waste when converted into ‘distinct, marketable product, which can be used in exactly the same way as an ordinary fuel, with no worse environmental effects’.

10. SCENARIO 9 Lapin Elinkeino 2013 Old telecommunications poles used as supports for duckboard track Hazardous waste requiring permit? Recovery without endangering human health and harming the environment Compliance with REACH Regulation is relevant in deciding end of waste status because holder not required to discard it

11. SCENARIO 10 Reuse of stored material Holder always intends to reuse it Holder has no immediate intention to reuse it, but then decides to reuse it

12. Thames Water Case (2003-2013) Sewage as waste Exclusions inapplicable Deposit of waste Criminalising spillages