Paragraph 3 Duty on SEPA: waste hierarchyF1

(1)

SEPA must take the waste hierarchy aim into account when carrying out a relevant function contained in sub-paragraph (5) to the extent that the function relates to a waste management activity.

(2)

The waste hierarchy aim is that all appropriate measures are taken to apply the following waste hierarchy in the manner set out in sub-paragraph (3)—

(a)

waste prevention,

(b)

preparing for re-use,

(c)

recycling,

(d)

other recovery, including energy recovery,

(e)

disposal.

(3)

The waste hierarchy is to be applied in a way which—

(a)

delivers the best overall environmental outcome,

(b)

takes account of—

(i)

the environmental principles of precaution and sustainability,

(ii)

technical feasibility,

(iii)

economic viability,

(iv)

the protection of resources, including reducing overall impacts of resource use and improving efficiency of such use,

(v)

the overall environmental, human health and social impacts.

(4)

The waste hierarchy may be departed from for particular types of waste where justified in order to ensure the best overall environmental outcome is delivered, and by reference to—

(i)

the measures available to the authorised person in the circumstances,

(ii)

the overall impact of the generation and management of such types of waste.

(5)

The relevant functions are—

(a)

specification of permit conditions under regulation 22(1)(c), (3) and (4),

(b)

determination and revision of standard conditions under regulation 33.

Annotations

Textual amendments

F1: Sch. 11 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), reg. 1(2)(4)(d)(ii)(5), sch. 2 (with sch. 23)