Form

Terms for initial advice on end of waste status

Updated 19 April 2024

Applies to England

Interpretation

The following terms have these meanings.

‘agreement’

Means the partiesʹ agreement for the provision of the general guidance and initial advice as set out in (in order of preference in the case of conflict): the cost estimate, these terms, our published charges and the declaration.

‘declaration’

Means your written acceptance of these terms and the cost estimate and confirmation that we are to provide the general guidance and initial advice.

‘initial advice’

Means our provision to you of chargeable advice as further set out in the cost estimate.

‘party, parties’

Means you and us.

‘submission’

Means the request for initial advice you send to us by emailing dowservices@environment-agency.gov.uk

‘we, us, our’

Means the Environment Agency, including our officers, employees, contractors and agents.

‘cost estimate’

Means our letter setting out our proposed work to deliver the initial advice and the estimated costs of that work.

‘you, your’

Means the natural or legal person named in the submission as the requester of our services, including their officers, employees, contractors and agents.

1. Work we will do

1.1 Subject to conditions 3 and 11.4, we will provide you with the initial advice as permitted under these terms.

1.2 We may consult other regulators and government bodies or other relevant authorities where we consider their input is relevant.

2. Cost estimate

2.1 By making a submission, you confirm that you have read, understood and accept these terms and agree to comply with them.

2.2 By providing the signed agreement, you acknowledge and agree that the work you require from us is as set out in the cost estimate. We will use reasonable endeavours to provide the initial advice within any periods set out in the cost estimate (or in the absence of a specified period, within a reasonable time) but we do not guarantee to meet these timescales.

2.3 The parties may at any time agree changes to the cost estimate in accordance with condition 13.1.

3. Work you will do

3.1 You must provide a declaration within 28 days of the date of our cost estimate. Failure to do so means that we are entitled to close your enquiry.

3.2 You must make available to us such information (including all draft reports, risk assessments, site plans, diagrams, modelling data and other documents you wish us to consider) and provide such support as we may reasonably require to assist us in providing the initial advice.

3.3 You must discuss with us when you have any change in your requirement for the initial advice. We shall not be under any obligation in relation to such changes unless and until they have been agreed in accordance with condition 13.1.

4. Commencement and duration

4.1 Subject to conditions 3 and 11.4, we will begin work on providing the initial advice from the date we receive the declaration and, unless terminated earlier under condition 11, the agreement shall continue in force until you have paid in full our final invoice for the provision of the initial advice.

5. Costs of the initial advice

5.1 You must pay all reasonable costs and expenses we incur in providing the initial advice.

5.2 We will charge you for each hour or part hour of staff time (subject to a minimum of half an hour) incurred in giving the initial advice. Our hourly rates shall be those rates we approve from time to time and publish for this purpose. In addition, we will charge you for any other reasonable costs we incur, including the costs of advice from external consultants if we consider such advice necessary, and provide you with evidence of them.

5.3 Our hourly rates exclude VAT or any similar taxes. You shall pay these as part of our charges.

5.4 We will tell you if our cost estimate changes at any time during our work, and when we agree with you any changes to the cost estimate under condition 2.3.

5.5 You must tell us if you disagree with any cost estimate given under condition 5.4 and why as soon as possible, and in any event not later than 14 days after you receive it as we will recommence work within 15 days or more following our communication of the revised cost estimate.

5.6 You may terminate this agreement in accordance with condition 11.1, on the basis that our costs estimate is not acceptable at any time before we start work. For the avoidance of doubt, if you give notice to terminate this agreement after we have started work, you will remain liable for charges for the work we carry out or any charges we incur (including non-cancellable commitments) up until the expiration of your notice to terminate in accordance with condition 11.1.

5.7 We will send you invoices monthly. You must pay all invoices within 30 days of the date of issue.

6. Acknowledgement

6.1 Any initial advice will be based on our interpretation of the Waste Framework Directive (Directive 2008/98/EC), as amended to account for EU exit, and case law applicable in England and Wales.

6.2 You acknowledge and agree that in providing the initial advice we are under no obligation to take or refrain from taking any regulatory action, including granting any related consents or permits or to take or refrain from taking any enforcement action which we are responsible for taking (or both).

6.3 We will use reasonable skill, care and diligence when we provide the initial advice, which will be based on the information available to us at the time and the laws, policy and guidance in place at the time. You must ensure that the initial advice meets your needs and you are responsible for the consequences of any use to which you put it.

7. Confidential information

7.1 As a public authority we are subject to the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR). If you consider that any of the data and information you send to us is confidential, it is important that you understand that as a public authority we may still be obliged to disclose that information in response to requests under the FOIA or EIR.

7.2 There are only limited exceptions to the presumption of disclosure and we have to balance the need to protect the interests of a particular business against a wider test of public interest. We are able to withhold only the data and information that you send to us to which the exceptions apply. In our absolute discretion we may choose to consult with you before releasing any data and information but the decision to release any data and information is ours.

7.3 You can find out more about the obligations of public authorities to disclose information to the public in the:

• guide to freedom of information
• guide to the environmental information regulations

7.4 We cannot take a decision on whether we consider an exception can be applied and balance the relevant public interest factors at the time you make your request or submission, because we are obliged to make this assessment when a request is received.

7.5 If you are concerned by the possible release of data and information when an information request is received, please do not submit the sensitive data and information to us.

8. Data and information standards

8.1 The standards set out in this section apply to each part of data and information you provide us. We will determine, acting reasonably, whether the data and information provided breaches these standards.

8.2 It is your responsibility to provide all relevant and appropriate data and information to enable us to provide you with the initial advice. Data and information may include but is not limited to:

• relevant reports
• market information
• risk assessments
• processing and treatment details
• quality management systems
• product standards
• specifications
• analyses and sample data of the material inputs
• outputs and non-waste comparators

8.3 You are solely responsible for the data and information you provide. You may not provide or make available any data or information that you did not create or that you do not have permission to use. By providing data and information, you warrant and represent that you own or have the necessary permissions to use it.

8.4 We will not be responsible for the content or accuracy of the data and information you provide.

8.5 Your data and information must meet all the following:

8.5.1 be accurate (where it states facts) and reasonably and honestly held (where it states opinion) and not misleading in any material respect

8.5.2 be for the purposes of obtaining the initial advice

8.5.3 not prejudicially affect security of persons or create any risk of vandalism whether national or local or environmental

8.5.4 comply with the law applicable in England and in any country from which it is provided

8.6 The data and information you provide must not do any of the following (‘inappropriate use’) whether or not they are unlawful:

8.6.1 cause any person to commit, or otherwise aid, abet, counsel, procure or incite any person to commit or assist in the commission of, any unlawful or criminal conduct

8.6.2 be obscene, defamatory, offensive, threatening, hateful or inflammatory

8.6.3 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age

8.6.4 be likely to harass, upset, embarrass, alarm or annoy any other person

8.6.5 impersonate any person, or misrepresent your identity or affiliation with any person

8.6.6 give the impression that the content of your data and information emanates from us or any other third party if this is not the case

8.7 We may disclose your identity to any third party who is claiming that any submission constitutes a violation of their intellectual property rights.

8.8 You warrant that any such submission complies with these data and information standards, and you will be liable to us and indemnify us for any breach of that warranty.

9. How we will use your data and information once you have submitted it to us

9.1 We will process your data and information so that we can provide the initial advice.

9.2 We may also process or release the data and information to apply all the following:

9.2.1 offer you documents or services relating to the initial advice

9.2.2 consult the public, public bodies and other organisations (for example, the Health and Safety Executive, local authorities, the emergency services, the Department for Environment, Food and Rural Affairs) on matters relating to the general guidance and initial advice

9.2.3 carry out research and development work on environmental issues

9.2.4 prevent anyone from breaking environmental law, investigate cases where environmental law may have been broken, and take any action that is needed

9.2.5 assess whether customers are satisfied with our general guidance and initial advice, and improve our initial advice

9.2.6 respond to requests for information under the FOIA and the EIR

9.2.7 comply with any statutory or regulatory obligations and with any law or order of a court of competent jurisdiction.

9.3 We may also pass the data and information on to our agents or representatives to do these things for us.

10. Personal data

10.1 To the extent that the data and information you provide to us is ‘personal data’ (as defined in the Data Protection Act 2018 in force from time to time), we will process it in accordance with this section.

10.2 We require identity data (including your title, name, username or similar identifier) and contact details (address, email address and telephone number(s)) to provide the general guidance and initial advice. Where you fail to provide that information, we may have to decline to provide our initial advice or cancel our contract with you (or both) but we will notify you if this is the case at the time.

10.3 We are the data controller and responsible for your personal data. We will only use the personal data you provide for both of the following:

10.3.1 for the purposes set out in section 9

10.3.2 where necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests

10.4 We may have to share your personal data with service providers, professional advisers, HM Revenue & Customs, regulators and other authorities based in the UK for the purposes set out in section 9.

10.5 We will retain personal data you supply for at least 6 years. You may withdraw your consent for us to retain and process that information at any time.

10.6 We will not transfer your personal data outside the UK or the European Economic Area.

10.7 You have the right to do all the following:

10.7.1 request access to your personal data

10.7.2 request correction of the personal data that we hold about you

10.7.3 request erasure of your personal data

10.7.4 object to processing of your personal data where we are relying on a legitimate interest (or those of a third party)

10.7.5 request restriction of processing of your personal data

10.7.6 request the transfer of your personal data to you or to a third party

10.7.7 withdraw consent at any time

10.8 We have appointed a data protection officer who is responsible for overseeing questions in relation to your personal data. If you have any questions about how we will use your personal data, including any requests to exercise your legal rights, please email dowservices@environment-agency.gov.uk

10.9 You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance in accordance with section 15.

11. Termination and suspension

11.1 Either party (the ‘notifying party’) may terminate this agreement by doing one of the following:

(a) at any time, giving the other party not less than 14 daysʹ written notice of its intention to terminate (except that we will not unreasonably terminate this agreement)

(b) giving the other party written notice with immediate effect if the other party (the ‘defaulting party’) materially breaches this agreement and if one of the following applies:

(i) the defaulting party has not fixed, or commenced and is diligently proceeding to fix the breach, to the reasonable satisfaction of the notifying party within 14 days of service of a written notice specifying the breach and requesting it to be remedied

(ii) the breach is not capable of remedy

(iii) the breach is a fundamental breach of this agreement

(iv) the defaulting party becomes insolvent, is declared bankrupt, has a receiver appointed, enters into an arrangement with its creditors, or an order is made or a resolution passed for its winding up except where it is for restructuring and the resulting institution agrees to be bound by this agreement

11.2 If at the time the agreement is terminated we have any outstanding costs which would otherwise have been payable under condition 5 or any costs (including contingent costs) in relation to contracts with third parties which cannot be immediately terminated, you must pay any such costs.

11.3 All provisions which would be required to survive this agreement in order to have their intended effect shall be deemed to survive termination.

11.4 Without limiting our other rights or remedies, we may suspend work under this agreement if one of the following applies:

(a) you become, or threaten to become, subject to any of the events listed in condition 11.1(b)(iv)

(b) you fail to pay any sums you owe to us as they fall due, whether arising under this agreement or otherwise

(c) we reasonably believe that you are about to default on paying any sums you owe to us as they fall due, whether arising under this agreement or otherwise

And we shall not be required to recommence work unless and until such matter has been finally resolved to our reasonable satisfaction.

12. Disclaimer

12.1 Neither party excludes or limits liability to the other for death or personal injury caused by its negligence or for any breach of any obligations which it is not permissible to exclude by law.

12.2 Subject to condition 12.1, we shall not be held liable in contract, negligence or otherwise for the consequences of you following or relying upon comments or views given by us or any acts, omissions, events or circumstances relating to this agreement or with respect to the matters contemplated by it.

13. General

13.1 Any variation to this agreement shall only be valid if it is in writing and signed by both parties.

13.2 Our obligations to you under this agreement may be suspended because of any event which is beyond our reasonable control and which means we cannot carry out the work.

13.3 The agreement is subject to the law of England and, subject to condition 14.1, to the exclusive jurisdiction of the English courts.

13.4 This agreement is the whole agreement between the parties in respect of the general guidance and initial advice and supersedes all previous communications, representations and agreements, whether written or oral.

13.5 If any part of this agreement is or becomes unlawful or unenforceable it shall be deemed deleted but that shall not affect the validity of the remainder of this agreement and the parties shall negotiate in good faith to agree an alternative provision that, to the greatest extent possible, achieves the same intended result.

14. Dispute resolution

14.1 Any dispute between the parties arising out of this agreement shall first be referred to your project manager and our senior manager for resolution before any court proceedings are taken by either party. This condition shall not prevent either party from applying to the court for injunctive relief.

15. Complaints

15.1 If you wish to complain about the initial advice please email dowservices@environment-agency.gov.uk

15.2 We aim to inform you of the outcome of our review of any complaint within 10 working days. If we are unable to respond within these timescales we will let you know. Please also review the Environment Agency customer service commitment.

16. Changes to these terms

16.1 We may, at our complete discretion, revise these terms at any time.

16.2 We will provide you with a copy of any revised terms. If you are unhappy with any revision you may terminate this agreement in accordance with section 11.