Paragraph 38 LocationF1

(1)

The location of a landfill must take into consideration requirements relating to—

(a)

the distances from the boundary of the site to residential and recreational areas, waterways, water bodies and other agricultural or urban sites,

(b)

the existence of groundwater, coastal water or nature protection zones in the area,

(c)

the geological or hydrogeological conditions in the area,

(d)

the risk of flooding, subsidence, landslides or avalanches on the site,

(e)

the protection of the natural or cultural heritage in the area.

(2)

SEPA may issue a permit for a landfill activity only if—

(a)

the characteristics of the site with respect of the requirements in sub-paragraph (1), or

(b)

the remedial measures to be taken,

indicate that the landfill does not pose a serious environmental risk.

(3)

In this paragraph “nature protection zone” means—

(a)

land which has been notified under section 3 of the Nature Conservation (Scotland) Act 2004, or

(b)

a European site within the meaning of regulation 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994.

Annotations

F1: Sch. 13 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 4 (with sch. 23)