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The Waste Management Licensing (Scotland) Regulations 2011

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2011, ISBN 9780111012147

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

  1. 1Citation, commencement and extent
  2. 2Interpretation
  3. 3Relevant Offences
  4. 4Notice of Appeal
  5. 5Time limit for making an appeal
  6. 6Reports of hearings
  7. 7Notification of determination
  8. 8Particulars to be entered in public registers
  9. 9Information to be excluded or removed from a register
  10. 10Mobile plant
  11. 11Conditions of site licences: treatment of WEEE
  12. 12Conditions of site licences: treatment and storage of batteries
  13. 13Conditions of site licences: incineration of waste industrial and automotive batteries
  14. 14Health at work
  15. 15Waste oils
  16. 16Exclusion of activities under other control regimes from waste management licensing
  17. 17Exemptions from waste management licensing
  18. 18Exemptions from waste management licensing: controlled activities
  19. 19Exempt activities: registration requirement
  20. 20Register of exempt activities
  21. 21Register of exempt activities: registration of information
  22. 22Register of exempt activities: removal of information
  23. 23Register of exempt activities: requirements in respect of recovery and storage of scrap metal or waste motor vehicles
  24. 24Annual requirements in respect of recovery and storage of scrap metal or waste motor vehicles
  25. 25Register of exempt activities: requirements in relation to certain exempt activities
  26. 26Annual requirements in respect of certain exempt activities
  27. 27Annual requirements in respect of WEEE
  28. 28Registration obligations
  29. 29Waste Framework Directive
  30. 30Registration of brokers and dealers
  31. 31Registration of brokers and dealers
  32. 32Registration of brokers and dealers
  33. 33Savings
  34. 34Revocation and consequential amendments
  35. Signature
  36. Schedule 1: ACTIVITIES EXEMPT FROM WASTE MANAGEMENT LICENSING
  37. 1Paragraph 1
  38. 2Paragraph 2
  39. 3Paragraph 3
  40. 4Paragraph 4
  41. 5Paragraph 5
  42. 6Paragraph 6
  43. 7Paragraph 7
  44. 8Paragraph 8
  45. 9Paragraph 9
  46. 10Paragraph 10
  47. 11Paragraph 11
  48. 12Paragraph 12
  49. 13Paragraph 13
  50. 14Paragraph 14
  51. 15Paragraph 15
  52. 16Paragraph 16
  53. 17Paragraph 17
  54. 18Paragraph 18
  55. 19Paragraph 19
  56. 20Paragraph 20
  57. 21Paragraph 21
  58. 22Paragraph 22
  59. 23Paragraph 23
  60. 24Paragraph 24
  61. 25Paragraph 25
  62. 26Paragraph 26
  63. 27Paragraph 27
  64. 28Paragraph 28
  65. 29Paragraph 29
  66. 30Paragraph 30
  67. 31Paragraph 31
  68. 32Paragraph 32
  69. 33Paragraph 33
  70. 34Paragraph 34
  71. 35Paragraph 35
  72. 36Paragraph 36
  73. 37Paragraph 37
  74. 38Paragraph 38
  75. 39Paragraph 39
  76. 40Paragraph 40
  77. 41Paragraph 41
  78. 42Paragraph 42
  79. 43Paragraph 43
  80. 44Paragraph 44
  81. 45Paragraph 45
  82. 46Paragraph 46
  83. 47Paragraph 47
  84. 48Paragraph 48
  85. 49Paragraph 49
  86. 50Paragraph 50
  87. 51Paragraph 51
  88. Schedule 2: ASSESSMENT OF BENEFIT TO AGRICULTURE OR ECOLOGICAL IMPROVEMENT
  89. 1Paragraph 1
  90. 2Paragraph 2
  91. 3Paragraph 3
  92. Schedule 3PLANS AND DOCUMENTS REQUIRED FOR REGISTRATION
  93. Schedule 4: WASTE FRAMEWORK DIRECTIVE
  94. Part 1: GENERAL
  95. 1Interpretation of Schedule 4
  96. 2Duties of the waste regulation authority
  97. 3Duties of planning authorities
  98. 4Duties of other competent authorities
  99. 5Meaning of “competent authority” etc.
  100. 6Relevant objectives
  101. 7Exceptions to duties
  102. 8Matters to be covered by permits
  103. 9Modification of provisions relating to development plans
  104. 10Modifications of Part I of the 1990 Act
  105. 11Modifications of Part II of the 1990 Act
  106. 12Registration of professional collectors and transporters of waste
  107. 13Duty to carry out appropriate periodic inspections
  108. 14Record keeping
  109. IIWASTE DISPOSAL OPERATIONS
  110. IIIWASTE RECOVERY OPERATIONS
  111. Schedule 5: REGISTRATION OF BROKERS AND DEALERS
  112. 1Interpretation
  113. 2Registers
  114. 3Applications for registration
  115. 4Registration as a broker or dealer and amendment of entries
  116. 5Revocation of registration
  117. 6Appeals
  118. 7Duration of registration
  119. 8Cessation of registration
  120. Schedule 6: Consequential Amendments
  121. 1The Deposits in the Sea (Exemption) Order 1985
  122. 2The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
  123. 3The Controlled Waste Regulations 1992
  124. 4The Special Waste Regulations 1996
  125. 5The Waste Management (Miscellaneous Provisions) Regulations 1997
  126. 6The Waste Incineration (Scotland) Regulations 2003
  127. 7The Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004
  128. 8The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008
  129. 9The Rural Development Contracts (Land Managers Options) (Scotland) Regulations 2008
  130. 10The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008
  131. 11The Chemicals (Hazard Information and Packaging for Supply) Regulations 2009
  132. Explanatory note