Construction and Demolition Waste

Waste is defined in the Waste Management Act 1996, as amended, and in the EU Waste Framework Directive 2008/98, as any substance or object which the holder discards or intends or is required to discard.  This is a complex area of environmental law.

When is a material not a waste? This is complex question.

Consideration of the answer should commence with when one of the following occurs:

• The material is not discarded;
• The material is a by-product in accordance with Article 5 of the Waste Framework Directive 2008/98, as amended;
• The material has achieved end-of-waste status in accordance with Article 6 of the Waste Framework Directive 2008/98, as amended.

The definition of waste and compliance with waste regulations relation to transporting, recycling or disposing of such materials are issues about which many businesses must be aware.

A DRAFT National End-of-Waste Decision EoW-N001/2023 establishing criteria determining when recycled aggregate ceases to be waste under Regulation 27 of the European Union (Waste Directive) Regulations 2011 – 2022 was published for consultation in January 2023.

Section 3 of the draft document states the criteria for recycled aggregate, wherein recycled aggregate shall cease to be waste where all of the following conditions are demonstrated to have been fulfilled:

• the recycled aggregate results from a recovery operation undertaken under an appropriate waste authorisation;
• the waste used as input for the recovery operation complies with the criteria set out in Part 1 of Annex I;
• the waste used as input for the recovery operation has been treated in accordance with the criteria set out in Part 2 of Annex I;
• the quality of the recycled aggregate complies with the criteria set out in Part 3 of Annex I, including pollutant limits and physical contaminant limits;
• the producer has satisfied sampling and testing requirements set out in Part 4 of Annex I;
• the producer has satisfied storage requirements set out in Part 5 of Annex I;
• the producer has satisfied requirements set out in Sections 4 to 7 of EoW-N001/2023 ;
• the producer has satisfied requirements with any guidance issued by the Environmental Protection Agency in relation to these criteria.

The producer of recycled aggregates must also comply with any request made by a competent authority in relation to the provision of evidence to demonstrate compliance with the criteria set out in sections 1 – 9 of EoW-N001/2023  together with any associated waste, product, or health and safety requirements.

The management of construction and demolition waste and residuals will require careful consideration in order to ensure that:

• Value is maximised in compliance with regulatory requirements and circular economy objectives
• Compliance with waste regulations is maintained
• End of Waste criteria are addressed

For further information or assistance in the management of construction and demolition waste and residuals please contact us.