Contact the Mining, Minerals & Waste Team
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Exeter Tel: 01392 210700
St Austell Tel: 01726 74433
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The Environment Agency (EA) has begin a consultation process with the mineral industry over implementation of the Mining Waste Directive. It has produced drafts of two position statements. One is aimed at providing operators in England and Wales with advice on how the EA will implement the MWD and what they need to do to ensure that their sites comply. It provides details of the activities which require Environmental Permits (and what type), information regarding Waste Management Plans and the application process.
The second, an examination of what, in the EA's view, constitutes 'extractive waste'. The draft includes a flowchart for operators to follow when considering the issue. We believe that the EA was originally aiming to finalise and publish the position statements by the end of January, but given that this deadline has been missed we presume it will be looking to do so as quickly as possible. Details of the consultation can be found by clicking here.
On the issue of 'extractive waste' the industry is still lobbying for the Government and the EA to recognise its view that soils and overburden which have been identified for restoration (and indeed require to be used for that purpose by mineral consents), should not be considered as waste without the need to apply the tests set out in the Avesta Polarit case. The campaign is set to continue for some time yet.
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