Regulation 3 Interpretation: regulated activity

Scotland

F1(1)

In these Regulations, “regulated activity” means—

(a)

a radioactive substances activity,

(b)

a water activity,

(c)

a waste management activity,

(d)

an industrial emissions activity,

(e)

an other emissions activity.

(2)

A person does not carry on a regulated activity where the activity is a domestic activity carried on in connection with—

(a)

the person's private dwelling; or

(b)

a place where the person is resident (whether temporarily or otherwise).

F2(2A)

Paragraph 2 does not apply to a person carrying on a water activity.

(2B)

For the purposes of paragraph 2, in relation to a waste management activity (other than the transportation of waste), “domestic activity” does not include an activity in relation to household waste carried on outwith the curtilage of the private dwelling or place of residence from which the waste arises.

(3)

In these Regulations—

(a)

a reference to a regulated activity includes part of a regulated activity;

(b)

a reference to an “activity” is a reference to a regulated activity, or any class or description of such an activity.

Annotations

Textual amendments

F1: Reg. 3(1) substituted (1.6.2025 for specified purposes, 1.11.2025 in so far as not already in force) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2)(4)(b), 6(a) (with reg. 1(5), sch. 23)
F2: Reg. 3(2A)(2B) inserted (1.6.2025 for specified purposes, 1.11.2025 in so far as not already in force) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2)(4)(b), 6(b) (with reg. 1(5), sch. 23)