New draft Duty of Care advice document

Defra has released a new consultation on the revised waste Duty of Care code of practice. This draft document provides advice on the requirements on individuals who produce, carry or receive waste when the possession of waste is transferred from one entity (individual or business) to another.

What is Duty of Care?

Duty of Care requires producers of waste to ensure that the individual or business taking the waste away is authorised to do so and that the waste is recycled, reused or disposed of in a way which does not impact on the environment. Duty of care applies to:

  • Waste Producers- either as a householder or farm business.
  • Waste Carriers
  • Waste Managers- anyone involved in the re-use, recycling, recovery, treatment or disposal of waste.

Producers of waste are also required to provide an accurate description of the waste before it leaves their possession. Further advice can be found on our landspreading checklist.

Duty of Care also requires waste transfer notes to be produced and waste carriers licences to be granted. This aims to reduce occurrences of fly-tipping by being able to trace where waste has been produced and who it has passed on to.

The code was initially published in 1996 and due to changes in waste legislation since then it is being renewed. This consultation provides an opportunity to give comment on whether the document is useable and understandable.

Duty of Care impacts differently upon members as either a householder or business. Any responses on whether the document assists in understanding Duty of Care can be sent to Martin Rogers at bWFydGluLnJvZ2Vyc0BuZnUub3JnLnVr.

NFU members: Have your say

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  • Posted by: W DimsdalePosted on: 21/08/2015 08:02:05

    Comment: Large numbers White Goods dumped indiscriminately in gateways make a mockery of the words 'Duty of Care'. If the pile is off the highway, whose 'duty' is it then? A so called 'Waste Carrier' of whatever variety, is paid by someone, the so called carrier then simply dumps the stuff leaving the luckless person who finds the pile on their land to get rid of it. This is not uncommon.

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