§ Mr. PaiceTo ask the Secretary of State for the Environment if he will review the inconsistencies in the definition of waste by different local authorities and the interpretation of regulations as they relate to the transport of materials classified by some authorities as waste.
§ Mr. MacleanWhether or not a substance is waste within the meaning of section 75(2) and (3) of the Environmental Protection Act 1990 depends on the facts of each case; and interpretation of the law is a matter for the courts. General guidance on the definition of waste has been given to local authorities in DOE circular 14/92—paragraphs 4 to 18. The Department's guidance draws attention to judgments on this issue by the European Court of Justice and by English courts.