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International Review of Waste Management Policy - Department of ...

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lacking in Australia, Singapore and the Netherlands where WMPs are very poorly<br />

monitored despite them being a mandatory requirement <strong>of</strong> the planning process. 774<br />

In England, where WMPs are a legal requirement for projects estimated to cost more<br />

then £300,000, the WMP does not have to be approved, just kept on site and made<br />

available if requested. The only exception to this rule is when some local authorities<br />

require the plan to be submitted as a Supplementary Planning Document. There is,<br />

however, an incentive to comply because in cases <strong>of</strong> non-compliance those convicted<br />

can receive fines <strong>of</strong> up to £50,000. A survey undertaken by NetRegs, 6 months after<br />

WMPs were mandated, showed that 51.2% <strong>of</strong> construction businesses were still<br />

unaware <strong>of</strong> this new policy requirement. 775<br />

In Ontario, the Ministry <strong>of</strong> the Environment Enforcement Branch <strong>of</strong> Operations<br />

Division, and Regional and District Offices, are responsible for visiting sites, checking<br />

the plans and ensuring that the plan is being put into practise. In 2006 the Ministry <strong>of</strong><br />

the Environment undertook inspections which revealed 90% <strong>of</strong> Industrial /<br />

Commercial / Institutional organisations were not complying with these regulations. It<br />

is thought that the main reason for lack <strong>of</strong> compliance is because although it is<br />

mandatory for a waste audit and waste reduction plan to be prepared it does not<br />

have to be submitted. 776 The regulations require the documents to be made available<br />

upon request therefore relying upon a self-regulatory approach. However, there is<br />

currently no incentive for companies to comply since there is no sanction for cases <strong>of</strong><br />

non-compliance.<br />

As part <strong>of</strong> the 2003 revision in Hong Kong, the issue <strong>of</strong> evasion was tackled by<br />

increasing the enforcement <strong>of</strong> WMP implementation, increasing levels <strong>of</strong> site<br />

monitoring and control. This included a requirement from the contractor to complete<br />

and submit the WMP within 14 days <strong>of</strong> receiving acceptance <strong>of</strong> their tender for the<br />

project. 777<br />

43.12 Lessons Learned<br />

Where the policy has been introduced using self-regulatory approaches, then uptake<br />

will be lower than hoped for as long as there is no sanction in place if a case <strong>of</strong> noncompliance<br />

is identified. England has introduced the policy in this way but due to the<br />

774 AEA Technology (2007) <strong>International</strong> Approaches to <strong>Waste</strong> Prevention and Minimisation, Final<br />

Report for Defra (BREW), Accessed 15 th October 2008,<br />

http://www.crwplatform.co.uk/conwaste/assets/Publications/2006-7-Reports/<strong>International</strong>-<br />

Approaches-to-<strong>Waste</strong>-Prevention-and-Minimisation.pdf<br />

775 Construction News Portal (2009) Construction Business Still Unaware That SWMPs Are Mandatory<br />

For Projects Over £300,000, Accessed 16 th January 2009,<br />

http://www.constructionnewsportal.com/construction_article6511.html<br />

776 B. Baetz and T. Saotome (2007) Development <strong>of</strong> Construction and Demolition <strong>Waste</strong> Recycling in<br />

Ontario. Accessed 15 th October 2008,<br />

http://msep.mcmaster.ca/publications/Development_<strong>of</strong>_C&D_recycling_in_Ontario.pdf<br />

777 Environment, Transport and Works Bureau (2005) Technical Circular (Works) No.19/2005,<br />

Accessed 20 th January 2009, http://www.devb-wb.gov.hk/UtilManager/tc/C-2005-19-0-1.pdf<br />

642<br />

29/09/09

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