Summary

In accordance with subsection 22¹ (1) of the Waste Act, the following hierarchy should be adhered to in waste management: 1) prevention of waste generation; 2) preparing for re-use; 3) recycling; 4) other recovery, e.g. energy recovery; 5) disposal. Based on subsection (2) of this section, the waste hierarchy may be deviated from if this ensures the best overall environmental result, taking account of the whole life-cycle of a substance, material or product. In the current practice of the Supreme Court, this section has not been applied very strictly.

On the basis of the current practice of the Supreme Court, the local authority that selects a waste management facility seems to have extensive discretionary powers. However, the situation gets a whole new look if the section of the waste hierarchy in the situation of selecting a waste management facility is considered as a legal provision, or rule: deviations from the hierarchy are only allowed to achieve the best environmental outcome, unless there is a very strong reason to derogate from this rule.