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Understanding Waste Management Laws: A primer for UK-based organisations

In the UK, the responsibility of waste management doesn’t end once you’ve disposed of your waste. Comprehensive legal frameworks exist to ensure that waste is managed in a way that protects both the environment and public health. As a business, understanding these regulations is essential not only for legal compliance but also for promoting sustainable practices. Here’s a concise guide to the laws and regulations governing waste management in the UK…

1. The Duty of Care for Waste (Environmental Protection Act 1990) Every business producing, transporting, or disposing of waste has a ‘duty of care’. This duty involves storing waste safely and securely, ensuring its correct disposal, and providing detailed descriptions of waste for those collecting it. Waste transfer notes, which describe and document the transfer of waste from one entity to another, must be kept for two years.

2. The Waste (England and Wales) Regulations 2011 This regulation necessitates businesses to implement the waste hierarchy principle, prioritising waste management practices based on environmental impact. This hierarchy, listed from most to least preferred, is: prevention, preparation for re-use, recycling, other recovery (e.g., energy recovery), and disposal. By adhering to this, businesses can ensure they’re making environmentally conscious decisions regarding waste.

3. The Hazardous Waste Regulations (2005) If your business produces hazardous waste (like chemicals, batteries, or asbestos), these regulations apply to you. They dictate the need for proper identification, registration, and tracking of hazardous waste. It is also essential to ensure that such waste is only collected and handled by licensed and authorised entities.

4. The Landfill Regulations (2002) These regulations dictate the requirements for waste sent to landfill sites. It specifically addresses the pre-treatment of waste and restricts the disposal of certain materials to prevent environmental contamination. As a result, businesses must often segregate waste to ensure that non-compliant items aren’t sent to landfills.

5. The Packaging Waste Regulations (2007) Businesses that have a turnover of more than £2 million and handle more than 50 tonnes of packaging annually must comply with these regulations. It requires such businesses to recover and recycle packaging materials in specific proportions. They must also register and provide data about their packaging waste.

6. The Waste Electrical and Electronic Equipment (WEEE) Regulations (2013) Any business that manufactures, imports, or sells electronic and electrical equipment must comply with the WEEE regulations. They necessitate the funding of the collection and recycling of electronic waste, ensuring that hazardous components don’t harm the environment.

There is significant emphasis on sustainable waste management practices, with stringent laws and regulations in place. As a business, ensuring compliance is not just about fulfilling a legal obligation but also about affirming your commitment to a greener and more sustainable future. Always stay updated with the latest regulations, considering the environment in all business operations.

Are you looking for waste management providers for you business? The FM Forum can help!

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Understanding the effect of COVID-19 on contractual obligations

Conexus Law is launching a range of fact sheets on the legal implications of the Covid-19, including practical steps that may be taken by parties who find the impact of Covid-19 affects their ability to meet contractual obligations owed to others (upstream), or who find that their trading partners can no longer meet the obligations owed to them (downstream).

Ed Cooke, Founder at Conexus Law, said: “In the modern commercial world, businesses are often heavily reliant on trading partners and long “just in time” supply chains in order to fulfil their contractual obligations. The impact of Covid-19 could significantly upset those finely balanced arrangements and the relationships between parties may be tested in ways they had not previously contemplated.

“As trading relationships are now often global, a complex interplay of laws from different jurisdictions may also be in play, some of which are potentially in conflict. For example, English law may govern your contract with your customer, but Chinese law may govern the law of your contract with a critical supplier enabling you to perform your customer contract.”

The Conexus Law fact sheet advises that organisations identify whether there are any express provisions written into the contract which might be relevant to the Covid-19 situation. For example, there is a large section on force majeure and whether it is applicable. Other areas include certain insurances and the importance of following all relevant procedures in the policy related to claims notification and submission of claims.

 The Covid-19 coronavirus outbreak is already having a significant impact on many individuals and businesses and it is becoming clearer that the impact will likely be more significant and longer lasting than we may have imagined at first. We hope these fact sheets provide helpful guidance during these challenging times,” concluded Cooke.

To download this fact sheet, free of charge, click here: https://7aee0ab1-94f5-4d7e-9556-9f9a01df3265.filesusr.com/ugd/b58c63_71a397aa9f414609913e82fc89d9417a.pdf

New specialist law firm focuses on physical & digital infrastructure

A law firm that focuses solely on supporting companies at the intersection where the built environment, technology and people converge, has launched today. Conexus Law will work closely with clients in the connected world in both IT, telecommunications, infrastructure and datacentre construction and with engineering businesses delivering major infrastructure projects.

The company has been founded by Ed Cooke (pictured), a recognised expert in critical IT infrastructure, engineering, procurement and construction. He has previously been a partner in international law firms DLA Piper and Bird & Bird. Conexus Law is founded on the belief that its people can only deliver the best counsel if they have a strong understanding of the industry challenges and the underlying technology and processes, so every member of the team has specific industry expertise.

It will take a fresh and different approach to legal practice, in many ways mirroring the way its clients operate, using similar language and processes to enable seamless interaction, identifying key risks and creating flexible legal frameworks.

Ed Cooke, Founder at Conexus Law, said: “With growth continually outstripping predictions, the digital sector is facing major challenges around the unprecedented pace of change, lack of resources and an inability to predict what the future technology landscape will look like or demand. In addition, innovative technologists are pioneering emerging technology where there is often no legal precedent and the regulatory environment frustrates innovation. Conexus Law will deliver robust, creative and commercially pragmatic global solutions in this fast moving and unpredictable sector.”