Schedule 5 NEW SCHEDULE 14 TO BE INSERTED INTO THE 2018 REGULATIONS

“SCHEDULE 14

MANAGEMENT OF SEPARATELY COLLECTED WASTE AND OPERATING A MATERIALS FACILITY

Regulation 6(1)

PART 1

Scope and interpretation

Scope

1.

(1)

This schedule applies to the activities of—

(a)

management of separately collected waste,

(b)

operating a materials facility.

Interpretation: general

2.

(1)

In this schedule—

• “the 1990 Act” means the Environmental Protection Act 1990^f1,

• “dry recyclable waste” means separately collected waste that is—

  1. (a)

     glass,

  2. (b)

     metals,

  3. (c)

     plastics,

  4. (d)

     paper,

  5. (e)

     card (including cardboard), and

  6. (f)

     fibre-based composite material,

• “dry waste stream” means a quantity of dry recyclable waste of the same type (such as glass),

• “fibre-based composite material” means packaging material which is made of paperboard or paper fibres, with a layer of plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand,

• “Materials Facilities Code” means the Code of Practice on Sampling and Reporting at Materials Facilities, issued by the Scottish Ministers on 24 June 2024^f2 as it may be revised from time to time,

• “separately collected waste” means waste collected and transported in accordance with section 34(2I) of the 1990 Act^f3,

• “supplier” means—

  1. (a)

     where dry recyclable waste is collected pursuant to arrangements made under section 45(1)(a) or (b) of the 1990 Act^f4 by a waste collection authority within the meaning of section 30(3)(c) of the 1990 Act^f5, the waste collection authority, except in a case falling within sub-paragraph (b),

  2. (b)

     where dry recyclable waste has been transferred from another materials facility, the operator of the materials facility from which that waste was transferred,

  3. (c)

     in a case not falling within sub-paragraph (a) or (b), the person who collected the dry recyclable waste, or if that person is not known, the person responsible for delivering it to the materials facility,

(2)

In this schedule—

(a)

“materials facility” means—

(i)

a materials recovery facility, being a facility where dry recyclable waste is treated in order to separate that waste into a dry waste stream or streams,

(ii)

a facility where dry recyclable waste from more than one supplier is consolidated into bulk quantities—

(aa)

as a first point of consolidation,

(bb)

following the first consolidation of bulk quantities, transferred from other suppliers,

for the purpose of selling it, or transferring it to other facilities or persons to enable that material to be prepared for reuse or recycling,

(b)

a reference to a materials facility does not include a bring site as defined by section 45C(7) of the 1990 Act^f6.

PART 2

Amendments to common framework provisions

Authorisations: separately collected waste

3.

SEPA must ensure that a permit or registration for the management of waste includes such conditions as it considers appropriate to ensure the prohibition of mixing of separately collected waste with any other waste or any material, to the extent that mixing would hamper further recycling,

Authorisations: Materials Facilities Code

4.

SEPA must ensure that a permit or registration for operating a materials facility that is granted or varied on or after 1 November 2025 includes the condition or conditions it considers appropriate to ensure compliance with the Materials Facilities Code.”