New Legislation: looking ahead to what’s around the corner

Presentation at Improving Efficiency in Waste Collection Services, 18th Nov 2010, Derby

Ray Georgeson

RGR

Resource and waste industry professionals specialising in policy and strategy, partnerships, research, facilitation, stakeholder engagement and communications

Working with local authorities, UK Government and its agencies, the private and third sectors, European Commission, NGOs and other European governments

Knowledge across the spectrum of resource efficiency, climate change, resources management and sustainable development

Based in the North, but with an international perspective

You never know what’s around the corner...!

Context of the last decade Waste Strategy 2000 – statutory recycling targets

Increases in Landfill Tax, introduction of LATS

Recycling market development; recycling and composting industry expansion

Growth of Far East export markets for recyclables

Campaigns and public support for recycling

Steady and significant increase in municipal recycling rates

Rising Landfill Tax

Budget 2010 – floor under Landfill Tax to ensure minimum of £80/tuntil 2020 with potential that it will continue to increase during 2014-20

East Midlands – improved recycling

Increase in recycling rates 2003/4 to 2007/8, Office for National Statistics

Looking ahead...

Farming looks easy when your plow is a pencil and you’re a thousand miles from a cornfield.

Dwight D Eisenhower

Quick stocktake

Decent progress on recycling in last decade – from 9% in 2000 to 38% in 2009

Higher levels of public participation and engagement with the issues

Systems developed rapidly and now need some review based on experience

Just about on track for EU Landfill Directive mid-term targets

General Election 2010 Coalition Government takes office May 2010 to recycle, and work to reduce littering. Programme for GovernmentChapter 11 on Environment: “We will work towards a ‘zero waste’ economy, encourage councils to pay people to recycle, and work to reduce littering.”

Chapter 3 on Communities: “radical devolution of power and greater financial autonomy to local government..”; “longer term radical reform of the planning system.. based on Open Source Planning.”; “cut local government inspection and abolish the Comprehensive Area Assessment.”

Defra waste policy review Announced in June 2010 to be completed in May 2011, and including:

All aspects of waste policy and delivery in England

Identification of the green and economic contributions of waste management

Goals/targets for short, medium and long term

The participation of communities and local government in increasing engagement on waste

Remembering the fiscal deficit underpins all review activities

The mood music… Financial incentives to recycle – ‘carrot not stick’

Support for ‘huge increase’ in anaerobic digestion

Localism and devolution to local authorities, with less central direction (and financial support through Government and agencies)...

.... apart from on frequency of refuse collections!

The role of the ‘big society’

Deregulation, reducing burdens on business

Producer responsibility agreements – more emphasis on voluntary approach (such as Courtauld Commitment)

Landfill bans for key materials – already rejected

Existing legislation

Remember, all EU Directives still active and legally binding

Packaging Regulations – separate targets based on end use of the material – will encourage more closed loop recycling

Landfill Allowance Trading Scheme (LATS) – indications that this may not survive, focus more on Landfill Tax driver

Climate Change Act – tough UK targets to reduce emissions – waste and resource use has a part to play– but will carbon targets conflict with ‘weight-based’ landfill diversion targets?

Carbon Reduction Commitment Energy Efficiency Scheme - revenue raising from business £1bn/yr from 2014 – default carbon Tax?

Current policy developments

EU Revised Waste Framework Directive (rWFD) – transposition required in 2010 – sets unambitious 50% household waste recycling targets by 2020

166 consultation responses: issues include waste hierarchy implementation and guidance; separate and co-mingled collection

Summary of responses due soon, Regulations to be laid in Parliament in January 2011

Article 29 - Waste Prevention Plans will be a legal requirement and to be developed by 2013

Current policy developments Recast WEEE Directive – setting higher targets for collection, re-use and processing of WEEE. Future materials scarcity may well drive collections of small WEEE in particular.

Climate Change Act – Government already announced (in advance of waste policy review) that it will repeal the enabling clause that allowed local authorities to charge for municipal waste collection

Controlled Waste Regulations review (Schedule 2) – consultation underway, deadline 14th January 2011. Likely to lead to new clearer Regulations and enabling councils to charge for collection from certain ‘non-domestic’ properties not currently allowable

Challenges and opportunities developments Conflict between ‘localism’ agenda and statements made seeking to direct local authorities on waste collection – the Pickles factor

Tight investment climate, withdrawal of PFI – alongside undiminished demands of Landfill Directive, may lead to new thinking about infrastructure needs

Disconnect between UK requirement to meet Directives and reduced central input/control over local government

Reduced support for behaviour change activity/communications, despite proven success and evidence from other countries

Efficiency measures, emphasis on waste prevention and new ways of engaging communities may provide opportunities

Thoughts on some challenges Reliance on export markets for recyclables to achieve higher performance – can we do more home market development?

Relationship between quality of material, ability to capture at kerbside and sustainability of markets and outlets

Public engagement with the collection systems – food waste, recyclables frequency and receptacles

The potential for incentives or charging to influence public behaviour on waste

Thoughts on some challenges (2) Linking our objectives for waste and resource management in a changing economy to a new agenda

The emergence of the low-carbon economy

Using the challenge of deficit and recession to make the most of our resources – efficiency and frugality need not be taboo

The potential for ‘green jobs’, training and skills development – prevention, re-use and recycling in particular (REalliance and WRAP Investment for Growth report 2009, FoE More jobs, less waste report 2010)

Keep looking ahead...There have been lots of issues – haphazard implementation of producer responsibility, waste/non-waste, collection and processing systems for recyclables, the challenge of getting beyond 35% to 50% and more, the affordability of PFI, artificial distinction between commercial and municipal waste – and many more!Can we do it better in the next few years?

Selected references

http://www.eeb.org/EEB/index.cfm?LinkServID=D685FA1A-D1F3-89D7-7769022E8317FF70&showMeta=0

EEB report on Transposition of the EU Waste Framework Directive (2009)

http://www.foeeurope.org/publications/2009/FoEE_gone_to_waste_Oct09.pdf

FoE Europe report on the value of recyclables still landfilled and incinerated in the EU (2009)

http://www.wrap.org.uk/downloads/Executive_summary_Environmental_benefits_of_recycling_-_2010_update.e96541ea.8671.pdf

WRAP report on the Environmental Benefits of Recycling (2010)

Selected references

http://www.defra.gov.uk/corporate/consult/controlled-waste-regs/

Controlled Waste Regulations consultation – Defra (November 2010)

http://www.foe.co.uk/resource/reports/jobs_recycling.pdf

FoE report More jobs, less waste – potential for job creation from higher recycling (September 2010)

http://www.wrap.org.uk/downloads/BTS008_TSO_Investment_for_Growth_Final_Report_2_.dc6c8225.8148.pdf

WRAP and REalliance report on the value and potential of the third sector

Thank you – keep in touch

Ray Georgeson Resources Ltd2 Garnett Villas, North Avenue, OTLEY, West Yorkshire,LS21 1AJ

Telephone: +44 (0) 1943 463680Mobile: +44 (0) 7711 069433E-mail: ray@raygeorgesonresources.co.ukWebsite: www.raygeorgesonresources.co.uk