Paragraph 1

In this schedule—

• F1“agriculture” has the meaning given in paragraph 4 of schedule 18 of these Regulations,

• “application” means the spreading, spraying, incorporating or injecting into or onto land,

• “arrestment equipment” means equipment used to mitigate the effects of emissions,

• “bank reprofiling” means the alteration of the slope of the bank of a river, burn, ditch or loch,

• “barium eluting source” means a source which—

  1. (a)

     consists of Cs-137+ in a sealed container which is designed and constructed to allow the elution of Ba-137m;

  2. (b)

     is radioactive material or radioactive waste solely because of that Cs-137+; and

  3. (c)

     does not contain an activity exceeding 4 × 10⁴ becquerels of Cs-137+;

• F2“bed width” means the straight line distance that is between the opposite bank toes of a river, burn or ditch, and which spans the bed of the river, burn or ditch, including any exposed bars and vegetated islands,

• “buffer zone” means an area of land, where no storage or application of fertiliser or pesticide takes place, which intercepts (or would intercept) run-off from the storage or application of fertiliser or pesticide to prevent it from entering the water environment,

• “category 5 sealed source” means a source, or an aggregate of sources, that would fall within category 5 as defined by the International Atomic Energy Agency in Categorisation of Radioactive Sources (RS-G-1.9) M1;

• F3“channel width” means the straight line distance that is between opposite bank tops of a river, burn or ditch and which spans the bed of a river, burn or ditch, including any exposed bars and vegetated islands,

• “Class A gaseous tritium light device” means such a device where the activity of the device does not exceed 2 × 10¹⁰ becquerels of tritium;

• “Class B gaseous tritium light device” means such a device which is installed or intended to be installed on premises and where the activity—

  1. (a)

     in each sealed container in the device does not exceed 8 × 10¹⁰ becquerels of tritium; and

  2. (b)

     of the device does not exceed 1 × 10¹² becquerels of tritium;

• “Class C gaseous tritium light device” means such a device installed or intended to be installed—

  1. (a)

     in a vessel or aircraft; or

  2. (b)

     in a vehicle or other equipment used or intended to be used by the armed forces of the Crown;

• F4“collection point” means a place used for the collection of waste by a person where that person does not—

  1. (a)

     receive payment for collecting the waste, or

  2. (b)

     collect waste as their main business activity,

• “constructed farm wetland” means a series of ponds for the treatment of slurry or silage effluent consisting mainly of rainwater, which have been constructed in such a manner that any discharge from the ponds does not result in the introduction of any substances or heat which may give rise to harm to the water environment,

• “container” means a single or double skinned fixed tank, a drum, a mobile bowser or (even if not connected to fixed pipe or fixed pipework) an intermediate bulk container,

• “conventionally treated sewage sludge” has the meaning given in paragraph 4 of schedule 18 of these Regulations,

• “crop” includes any plant grown for a commercial purpose,

• “crossing” means any structure which is constructed and installed for the purpose of supporting a footpath, cycle route or transport route across any river, burn, ditch or loch or any pipe, pipeline or cable which crosses over or underneath any river, burn, ditch or loch, but excluding temporary crossings, impounding works and culverts installed for land gain,

• “cultivation” includes the preparation of land prior to planting, and the harvesting of any crop,

• “designated mineral or mineral product” means—

  1. (a)

     clay, sand and any other naturally occurring mineral other than coal or lignite,

  2. (b)

     metallurgical slag,

  3. (c)

     gypsum which is a by-product of any activity,

• “dewatered” in relation to digestate means digestate which—

  1. (a)

     has had liquid removed from it so that it consists of at least 20% dry material, and

  2. (b)

     is capable of being stacked in a free-standing heap without slumping and without liquid draining from the heap,

• “disposed of in normal refuse” F5means disposed of with substantial quantities of solid waste that is not radioactive waste for landfill or incineration, where—

  1. (a)

     the solid waste meets the definition of “waste” in section 75(2) of the Environmental Protection Act 1990, read with section 75A of that Act, and

  2. (b)

     the radioactive waste will be mixed with such solid waste for the purposes of such burial, incineration or recovery,

• F6“ditch” means an open channel which collects and conveys drainage water from surface or subsurface drainage to the wider surface water environment,

• “draff” means the residue of grain after fermentation of the grain in a brewing or distilling process,

• “draw off pipe” means a pipe used to withdraw oil from a container,

• “drum” means an oil drum or similar container used for storing oil,

• “electrodeposited source” means an article where radionuclides are electrodeposited onto a metal substrate and which is radioactive material or radioactive waste solely because it contains Ni-63 or Fe-55 the total activity of which does not exceed—

  1. (a)

     6 × 10⁸ becquerels of Ni-63; or

  2. (b)

     2 × 10⁸ becquerels of Fe-55;

• F7“enhanced treated sewage sludge” has the meaning given in paragraph 4 of schedule 18 of these Regulations,

• “farm” means land occupied as a unit for agricultural purposes,

• “farmyard manure” means a mixture of bedding material and animal excreta in solid form arising from the housing of livestock (excepting such arising from the keeping of birds for the production of food),

• “fertiliser” means any substance containing nutrients which is utilised on land to enhance plant growth, but excludes forestry brash,

• “fill pipe” means a pipe used to deliver oil into a container,

• “fixed tank” includes an intermediate bulk container which is connected to fixed pipework,

• “forage crop” means any crop grown as food for livestock or for use in energy production,

• “forest” means land of an area of more than 0.5 hectares—

  1. (a)

     with a tree canopy cover of more than 20 percent,

  2. (b)

     which is planted with trees, which trees collectively have the capacity to provide a tree canopy cover of more than 20 percent, or

  3. (c)

     which meets all of the following criteria—

     1. (i)

        it was used in the last 5 years as land described in paragraph (a),

     2. (ii)

        it is to remain fallow of trees for a maximum of 4 consecutive years, and

     3. (iii)

        when replanted with trees it will be replanted as land described in paragraph (b),

• “forestry operations” means operations carried out on land with a tree canopy cover of more than 10% over an area of more than 0.5 hectares,

• “fruit” includes top fruit including apples and pears, stone fruit including plums and cherries, soft fruit including currants and berries, vines, hops and nuts,

• “gaseous tritium light device” means a sealed source (or such a source which has become broken) which incorporates tritium in a device which is an illuminant, instrument, sign or indicator;

• F8“horticulture” includes mushrooms, nursery stock and bulbs for export, seed potatoes including those for export, basic seed production and crops grown in soil based glasshouse or polythene tunnel production including tomatoes, cucumbers, and peppers,

• “housed” means kept permanently or overwintered, indoors or outside, on a collection-based slurry system,

• “impermeable sheet material” means—

  1. (a)

     synthetic rubbers, EPDM (ethylene propylene diene monomer rubber) and butyl,

  2. (b)

     plastics, including polyvinyl chloride, low density polyethylene and high-density polyethylene, and

  3. (c)

     reinforced geomembrane,

• “invasive species of plant outwith its native range” has the same meaning as in section 14P of the Wildlife and Countryside Act 1981,

• “instream structure” means any structure that occupies a portion of the bed of the river, burn, ditch including bed reinforcement, jetties, platforms, marinas, croys, groynes and other flow deflectors, but excluding temporary structures, bridge piers and impounding works,

• “liquid digestate” means—

  1. (a)

     whole digestate,

  2. (b)

     the liquid fraction, or

  3. (c)

     any run-off from the storage of fibrous residue, resulting from an anaerobic digestion process of a consistency that allows it to be pumped or discharged by gravity at any stage in the handling process,

• “liquid digestate storage system” means—

  1. (a)

     a liquid digestate tank,

  2. (b)

     any feedstock tank used in connection with the liquid digestate tank, and

  3. (c)

     any channels and pipes used in connection with the liquid digestate tank or feedstock tank,

• “liquid digestate tank” includes a lagoon or tower used for the storage of liquid digestate,

• “livestock” means any animal kept for use or profit as part of a commercial enterprise,

• “luminised article” means an article other than a sealed source—

  1. (a)

     which is made wholly or partly from a luminescent substance in the form of a film or a paint;

  2. (b)

     the activity of which does not exceed 4 × 10⁹ becquerels;

• “manage” means any activity involving radioactive material or radioactive waste except the production of radionuclides or the manufacture of radioactive sources and related expressions are to be construed accordingly;

• “medical or veterinary radioactive substance” means radioactive material or radioactive waste (other than a sealed source) which is intended for use, is used, or arises from medical or veterinary diagnosis or treatment or clinical or veterinary trials;

• F9“moling” means a cultivation method if an implement is used to open a conduit within the soil along which water may flow,

• “oil” means any kind of oil and includes fuel oil, waste oil and hydraulic oil,

• “pesticide” has the meaning given in section 16 of the Food and Environment Protection Act 1985,

• “place of production” means, in relation to any waste, the place where the waste was originally produced,

• “plant protection products” means products, in the form in which they are supplied to the user, consisting of, or containing, active substances, safeners or synergists, and intended for one of the following uses—

  1. (a)

     protecting plants or plant products against all harmful organisms or preventing the action of such organisms, unless the main purpose of these products is considered to be for reasons of hygiene rather than for the protection of plants or plant products,

  2. (b)

     influencing the life processes of plants, such as substances influencing their growth, other than as a nutrient,

  3. (c)

     preserving plant products,

  4. (d)

     destroying undesired plants or parts of plants, except algae unless the products are applied on soil or water to protect plants,

  5. (e)

     checking or preventing undesired growth of plants, except algae unless the products are applied on soil or water to protect plants,

• “precision equipment” means equipment capable of low emission, accurate application techniques including a dribble bar or band spreader, trailing hose, trailing shoe or direct injection,

• “private dwelling” means any part of a building used or intended to be used as a dwelling,

• “reception pit” means a pit used for the collection of slurry before it is transferred into a slurry storage tank or for the collection of slurry discharged from such a tank,

• “relevant sewer” means—

  1. (a)

     a public sewer; or

  2. (b)

     a private sewer which leads to a sewage treatment works that—

     1. (i)

        has the capacity to handle a minimum of 100m³ of sewage per day; and

     2. (ii)

        discharges treated sewage only to the sea, to a tidal estuary or to a river that has a flow rate of not less than 1m³s^-1;

• F10“revetment” means a modification to a bank of a river, burn, ditch or loch that increases the resistance of the bank to lateral erosion,

• “rip rap” means irregular shaped stones placed along a bank of a river, burn, ditch or loch for the purpose of increasing the resistance of the bank to erosion,

• “rural land use activities” means agricultural, forestry or leisure activity,

• “salad crops” includes lettuce, radish, onions, beans including runner, broad, and dwarf French, vining peas, mangetout, cabbage, cauliflower, calabrese or broccoli, courgettes, celery, red beet, carrots, herbs, asparagus, garlic, shallot, spinach, chicory and celeriac,

• “sea” includes any area submerged at mean high water springs and also includes, so far as the tide flows at mean high water springs, an estuary or arm of the sea and the waters of any channel, creek, bay or river;

• F11“secondary containment system” means a drip tray, an area surrounded by a bund or catchpit, or any other system for preventing liquid which is no longer in its container from escaping from the place where it is stored or treated,

• “sewage sludge” has the meaning given in paragraph 4 of schedule 18 of these Regulations,

• “silage” means any forage crop (including draff) which is being, or has been, conserved by fermentation or preservation (including the use of additives), or both,

• “silage effluent” means—

  1. (a)

     effluent produced from any forage crop which is being made or has been made, into silage,

  2. (b)

     a mixture consisting wholly of or containing such effluent, rainwater or groundwater emanating from a silo, silage effluent collection system or drain,

• “silo” means any structure used for making or storing silage,

• “slurry” includes—

  1. (a)

     excreta, including any liquid fraction, produced by livestock whilst in a yard or building (including woodchip corrals), and

  2. (b)

     a mixture consisting wholly of or containing such excreta, bedding, feed residues, rainwater and washings from a building or yard used by livestock, dungsteads or middens, high level slatted buildings and weeping wall structures or any combination of these, provided such excreta is present,

• “slurry storage system” means—

  1. (a)

     a slurry storage tank,

  2. (b)

     any reception pit and any effluent tank used in connection with the slurry storage tank, and

  3. (c)

     any channels and pipes used in connection with the slurry storage tank, any reception pit or any effluent tank,

• “slurry storage tank” includes a lagoon, pit (other than a reception pit) or tower used for the storage of slurry,

• F12...

• ...

• “smoke detector” means a smoke detector incorporating a sealed source the total activity of which does not exceed 4 × 10⁴ becquerels;

• F13“soil improvement” has the meaning given in paragraph 2 of schedule 18 of these Regulations,

• “SUD system” has the meaning given in section 59 of the Sewerage (Scotland) Act 1968,

• “surface water drainage system” means a system, such as system that is used to collect and drain water run-off from one or more premises and transport it to, and discharge it into, the water environment, and may include, among other things, any surface water sewers and associated inlets, outfalls, gullies, manholes, oil interceptors, silt traps, and attenuation, settlement and treatment facilities,

• F14“Table 1”, “Table 2” and “Table 3” mean the tables with that number in Part 3,

• “temporary crossing” means any crossing which will be removed within a period of 12 months beginning with the date on which its installation commences,

• “temporary structure” means any structure, excluding impounding works, which will be removed within a period of 12 months beginning with the date on which its installation commences,

• “thorium alloy” means a substance or article which is, or contains—

  1. (a)

     magnesium alloy;

  2. (b)

     thoriated tungsten; or

  3. (c)

     dross from hardener alloy,

  in which the thorium content does not exceed 4% by mass;

• F15“trade effluent” has the meaning given in section 59 of the Sewerage (Scotland) Act 1968,

• “treated sewage sludge” has the meaning given in regulation 4 of schedule 18 of these Regulations,

• “trees or parts of trees” includes any root wads, brash, stakes made of live willow and willow spiling but does not include timber products or wood prepared for use in building or carpentry,

• “a tritium foil source” means an article which has a mechanically tough surface into which tritium is incorporated the total activity of which does not exceed 2 × 10¹⁰ becquerels;

• “tritium source” means radioactive material or radioactive waste which contains no radionuclides except for tritium and which is either—

  1. (a)

     a gaseous tritium light device;

  2. (b)

     a sealed source;

  3. (c)

     a tritium foil source; or

  4. (d)

     a luminised article;

• F16“trunk road” has the meaning given in section 151 of the Roads (Scotland) Act 1984,

• “uncultivated land” means land which has not been ploughed, rotovated or improved by management practices, but excludes land mounded for the purpose of planting riparian woodland),

• “uranium or thorium compound” means a substance or article which is radioactive material or radioactive waste solely because it is or contains metallic uranium or thorium or prepared compounds of uranium or thorium, and in respect of which metal or compound the proportion of—

  1. (a)

     U-235 in the uranium it contains is no more than 0.72% by mass; and

  2. (b)

     any isotope of thorium it contains is present in the isotopic proportions found in nature.

• F17“vegetable crops” includes potatoes, leeks, sweetcorn, brussels sprouts, parsnips, swedes or turnips, marrows, pumpkins, squashes, rhubarb and artichokes,

• “water for human consumption” means water that may be ingested by humans, used in the preparation of food or drink, or used in the cleaning of materials involved in the storage or consumption of food or drink,

• “water-bound road” means a road or track constructed of coarse stone and fine aggregate to form a tightly bound semi-impervious surface,

• “watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices and passages through which water flows and includes artificial watercourses and underground watercourses,

• “waterlogged” means soil which is at water retaining capacity, except in a forest where it means where water is visible on the soil surface,

• “water run-off” means any water from rainfall or any meltwater from ice or snow flowing over or horizontally through the surface of the ground and any matter picked up by that water as it does so,

• “well” includes a permeable underground collection tank,

• “willow spiling” means live willow rods woven between live willow uprights driven into the bank or bed of a watercourse.