The Waste Management Licensing (Scotland) Regulations 2011
Draft 2011, ISBN 9780111012147
Draft Regulations laid before the Scottish Parliament under section 2 of the Pollution Prevention and Control Act 1999, for approval by resolution of the Scottish Parliament.
Environmental Protection
Made 2011
Coming into force 27th March 2011
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2 of the Pollution Prevention and Control Act 1999 (“the 1999 Act”)f1 and paragraph 1A of Schedule 2 to the European Communities Act 1972 (“the 1972 Act”)f2 and all other powers enabling them to do so.
In accordance with section 2(4) of the 1999 Act, they have consulted with the Scottish Environment Protection Agency, such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses respectively as they consider appropriate, and such other bodies or persons as they consider appropriate.
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act, and it appears to the Scottish Ministers that it is expedient for the reference to Regulation 73/2009/ECf3 in paragraph 7 of Schedule 1 and for the references to Regulation 1069/2009/ECf4 in paragraphs 7 and 19 of Schedule 1 to be references to those instruments as amended from time to time.
In accordance with section 2(8) of the 1999 Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Annotations to the whole text
Footnotes
- f1
-
1999 c.24, as relevantly amended by the Antisocial Behaviour etc. (Scotland) Act 2004 asp 8, schedule 2 Part 1 paragraph 5. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46), as read with section 5(3) of the 1999 Act. Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (O.J. L 312, 22.11.2008, p.3) was designated for the purposes of paragraph 20(2)(c) of Schedule 1 to the 1999 Act by S.S.I. 2010/131.
- f2
-
1972 c.68, as relevantly amended by the Scotland Act 1998 (c.46) Schedule 8 paragraph 15(3); the Legislative and Regulatory Reform Act 2006 (c.51) Part 3 sections 27(1) and (2) and 28 and the European Union Amendment Act 2008 (c.7) Schedule 1 Part 1. The functions conferred on the Minister of the Crown under section 2(2) of the 1972 Act, so far as exercisable within devolved competence, were transferred to the Scottish Ministers by section 53 of the Scotland Act.
- f3
-
O.J. L 30, 31.1.2009, p.16, as amended by Commission Regulations 992/2009/EC (O.J. L 278, 23.10.2009, p.7) and 360/2010/EU (O.J. L 106, 28.4.2010, p.1) and by Council Regulation 1250/2009/EC (O.J. L 338, 19.12.2009, p.1).
- f4
-
O.J. L 300, 14.11.2009, p. 1.
Contents
- 1Citation, commencement and extent
- 2Interpretation
- 3Relevant Offences
- 4Notice of Appeal
- 5Time limit for making an appeal
- 6Reports of hearings
- 7Notification of determination
- 8Particulars to be entered in public registers
- 9Information to be excluded or removed from a register
- 10Mobile plant
- 11Conditions of site licences: treatment of WEEE
- 12Conditions of site licences: treatment and storage of batteries
- 13Conditions of site licences: incineration of waste industrial and automotive batteries
- 14Health at work
- 15Waste oils
- 16Exclusion of activities under other control regimes from waste management licensing
- 17Exemptions from waste management licensing
- 18Exemptions from waste management licensing: controlled activities
- 19Exempt activities: registration requirement
- 20Register of exempt activities
- 21Register of exempt activities: registration of information
- 22Register of exempt activities: removal of information
- 23Register of exempt activities: requirements in respect of recovery and storage of scrap metal or waste motor vehicles
- 24Annual requirements in respect of recovery and storage of scrap metal or waste motor vehicles
- 25Register of exempt activities: requirements in relation to certain exempt activities
- 26Annual requirements in respect of certain exempt activities
- 27Annual requirements in respect of WEEE
- 28Registration obligations
- 29Waste Framework Directive
- 30Registration of brokers and dealers
- 31Registration of brokers and dealers
- 32Registration of brokers and dealers
- 33Savings
- 34Revocation and consequential amendments
- Signature
- Schedule 1: ACTIVITIES EXEMPT FROM WASTE MANAGEMENT LICENSING
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- Schedule 2: ASSESSMENT OF BENEFIT TO AGRICULTURE OR ECOLOGICAL IMPROVEMENT
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 3PLANS AND DOCUMENTS REQUIRED FOR REGISTRATION
- Schedule 4: WASTE FRAMEWORK DIRECTIVE
- Part 1: GENERAL
- 1Interpretation of Schedule 4
- 2Duties of the waste regulation authority
- 3Duties of planning authorities
- 4Duties of other competent authorities
- 5Meaning of “competent authority” etc.
- 6Relevant objectives
- 7Exceptions to duties
- 8Matters to be covered by permits
- 9Modification of provisions relating to development plans
- 10Modifications of Part I of the 1990 Act
- 11Modifications of Part II of the 1990 Act
- 12Registration of professional collectors and transporters of waste
- 13Duty to carry out appropriate periodic inspections
- 14Record keeping
- IIWASTE DISPOSAL OPERATIONS
- IIIWASTE RECOVERY OPERATIONS
- Schedule 5: REGISTRATION OF BROKERS AND DEALERS
- 1Interpretation
- 2Registers
- 3Applications for registration
- 4Registration as a broker or dealer and amendment of entries
- 5Revocation of registration
- 6Appeals
- 7Duration of registration
- 8Cessation of registration
- Schedule 6: Consequential Amendments
- 1The Deposits in the Sea (Exemption) Order 1985
- 2The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
- 3The Controlled Waste Regulations 1992
- 4The Special Waste Regulations 1996
- 5The Waste Management (Miscellaneous Provisions) Regulations 1997
- 6The Waste Incineration (Scotland) Regulations 2003
- 7The Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004
- 8The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008
- 9The Rural Development Contracts (Land Managers Options) (Scotland) Regulations 2008
- 10The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008
- 11The Chemicals (Hazard Information and Packaging for Supply) Regulations 2009
- Explanatory note