Paragraph 1 Interpretation of Schedule 4

In this Schedule—

• “the 1997 Act” means the Town and Country Planning (Scotland) Act 1997^f1;

• “best available techniques” has the same meaning as in Article 2(12) of Directive 2008/1/EC concerning integrated pollution prevention and control^f2;

• “collection” means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility;

• “competent authority” has the meaning given in paragraph 5;

• “development”, “development plan” and “planning permission” have the same meanings as in the 1997 Act;

• “permit” means—

  1. (a)

     a waste management licence;

  2. (b)

     a disposal licence;

  3. (c)

     an authorisation under Part I of the 1990 Act;

  4. (d)

     a permit under the 2000 Regulations;

  5. (e)

     a licence under Part II of the Food and Environment Protection Act 1985;

  6. (f)

     an authorisation under the 2005 Regulations or the 2011 Regulations; or

  7. (g)

     a licence under Part 4 of the Marine (Scotland) Act 2010,

  and, in relation to a permit, “grant” includes give, issue or pass, “modify” includes vary, and cognate expressions shall be construed accordingly;

• “plan-making provisions” means Parts IA and II of the 1997 Act and the National Waste Management Plan for Scotland Regulations 2007^f3;

• “planning authority” means the local authority, a person appointed by the local authority for the purposes of section 43A of the 1997 Act, a person appointed under paragraph 1 of Schedule 4 to that Act, and the Scottish Ministers in respect of their functions under that Act;

• “pollution control authority” means any competent authority other than a planning authority;

• “preparing for re-use” means checking, cleaning or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any further pre-processing; and “preparation for re-use” shall be construed accordingly;

• “re-use” means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived;

• “specified action” means any of the following—

  1. (a)

     determining—

     1. (i)

        an application for planning permission; or

     2. (ii)

        an appeal made under section 47 of the 1997 Act in respect of such an application;

  2. (b)

     deciding whether to take any action under section 92(2)(a) or (b) or (3) of the 1997 Act;

  3. (c)

     deciding whether to direct under section 31(5) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997^f4 or section 57(1), (2) or (2A) of the 1997 Act that planning permission shall be granted or deemed to be granted;

  4. (d)

     deciding whether—

     1. (i)

        in making or confirming a discontinuance order, to include in the order any grant of planning permission; or

     2. (ii)

        to confirm (with or without modifications) a discontinuance order insofar as it grants planning permission,

     and, for the purposes of this sub-paragraph, “discontinuance order” means an order under section 71 of, or paragraph 1 of Schedule 8 to, the 1997 Act (including an order made under that section by virtue of section 73 of, or paragraph 12 of Schedule 8 to that Act);

  5. (e)

     discharging functions under Part II of the 1997 Act;

• “specified functions” has the meaning given by paragraph 5;

• “waste management” means the collection, transport, recovery and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as a dealer or broker, and cognate expressions shall be construed accordingly;

• “waste prevention” means measures taken before a substance, material or product becomes waste that reduce—

  1. (a)

     the quantity of waste, including through the re-use of products or the extension of the life span of products;

  2. (b)

     the adverse impacts of the generated waste on the environment or human health; or

  3. (c)

     the content of harmful substances in materials or products.