Duty of Care for Waste

The law requires anyone dealing with waste to keep it safe, make sure it’s dealt with responsibly and only given […]

The law requires anyone dealing with waste to keep it safe, make sure it’s dealt with responsibly and only given to businesses authorised to take it.

Section 34 of the Environmental Protection Act 1990 (as amended) lays out a number of duties with respect to the management of waste. Waste must be managed correctly by storing it properly, only transferring it to the appropriate persons and ensuring that when it is transferred it is sufficiently well described to enable its safe recovery or disposal without harming the environment.

The Waste (Scotland) Regulations 2012 amended Section 34 to implement a number of actions in the Scottish Government’s Zero Waste Plan. Under these amendments, holders of waste, including producers, have a duty to take reasonable steps to increase the quantity and quality of recyclable materials.