Duty of care
The Duty of Care is laid down in Section 34 of the Environmental Protection Act (1990) and relates to all forms of controlled waste (not just hazardous waste). The legislation requires holders of waste to keep the waste safe and only pass it on to an authorised person.
The Environmental Protection (Duty of Care) Regulations 1991 requires all transfers of waste to be recorded in a Waste Transfer Note (WTN). The Landfill Regulations amend the Duty of Care Regulations to require that a Duty of Care transfer note identifies the waste to which it relates by reference to the appropriate codes in the EWC. In the case of hazardous waste, WTNs are replaced by consignment notes.
The Waste (Household Waste) Duty of Care (England & Wales) Regulations was introduced in November 2005, placing a duty on householders to take reasonable measures to ensure that household waste produced on their property is passed on to an authorised person. There is no requirement for householders to complete waste transfer notes.
Practical guidance on the Duty of Care for everyone who is under the duty can be found in the Defra summary leaflet, or by accessing the web pages.
The current Duty of Care system is being reviewed by Government, with the aim of introducing new regulations in 2009.
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