Legal

Freeth Cartwright is recognised as one of the leading firms providing legal advice to the minerals and building materials industries.

Its partners have over 50 years' combined experience in giving advice on minerals and associated fields such as waste law, environmental law, and minerals and waste planning. With the ability to call on the resources of the firm's other departments, especially planning, real estate, health and safety and corporate and commercial law, the company can provide the equivalent of an 'in-house' legal function to its clients.

Ask a Question?

Answered Questions

1-2 of 2

Mining Waste Directive Implementation

25 Feb 2010 - 09:56
LLoane asked the following:

I had understood that there was discussion on whether soils and overburden removed in connection ... Read Full Question
26 Feb 2010 - 15:34
A strict technical interpretation of the Regulations does require that soils and overburden is within the requirements of the Mines Waste Directive and would require a Waste Management Plan. However a debate is ongoing with DEFRA to have unpolluted soil and possibly other materials (e.g. silt ponds) exempted from this requirement. The latest position is that discussions are ongoing between industry bodies and the Environment Agency and DEFRA on this point but as yet no exemption has been given. It is understood that draft guidance notes are currently being prepared by DEFRA together with a Code of Practice but these are not yet available.

is waste from extraction of building subject to agg levy

14 Jan 2010 - 06:55
Anonymous asked the following:

quarry has a good building stone. but we need to move a lot of low quailty stone to get it, this ... Read Full Question
22 Jan 2010 - 09:31
This is a difficult question to answer without more detail particularly information on the geological nature of the critical substances concerned, the volumes involved and the percentage mix of the minerals. However it appears that "Aggregates" is being "Commercially Exploited" (i.e. being removed from site) and on the face of it the operations falls squarely within the scope of the Aggregates Tax and is subject to the levy. The guidance specifically says that "Overburden" removed to win mineral is subject to the tax unless it is itself a specifically exempt material and I fear this case where it would be impossible to argue that the material being removed is exempt. If however you feel that the situation may be more complex than ...
Read Full Response