{
  "url": "https://openlegislation.uk/waste-scotland-regulations-2005/regulation-6",
  "json_url": "https://openlegislation.uk/waste-scotland-regulations-2005/regulation-6.json",
  "legislation": "ssi/2005/22",
  "legislation_title": "The Waste (Scotland) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/waste-scotland-regulations-2005",
  "path": "regulation/6",
  "kind": "regulation",
  "number": "6",
  "heading": "Amendment of the Waste Management Licensing Regulations 1994",
  "text": "(1) The 1994 Regulations are amended as follows.\n(2) In regulation 1(3) (interpretation), the following definition is inserted at the appropriate place–\n““mines or quarries waste” means waste from a mine or quarry;”.\n(3) Subject to regulation 8(4) of these Regulations regulation 15 (groundwater) is revoked.\n(4) In regulation 16 (exclusion of activities under other control regimes from waste management licensing)–\n(a) in paragraph (1)(c) “and” is omitted;\n(b) at the end of paragraph (1)(d) there is inserted–\n“; and\n(e) the disposal of agricultural waste under an authorisation granted under regulation 18 of the Groundwater Regulations 1998.”.\n(5) In regulation 18 (registration in connection with exempt activities)–\n(a) in paragraph (1) the words “, after 31st December 1994,” are omitted; and\n(b) for paragraph (1A), there is substituted–\n“(1A) Paragraph (1) above shall not apply in the case of an exempt activity falling within regulation 8 of the Waste (Scotland) Regulations 200[4].”.\n(c) for paragraph (10)(c), there is substituted–\n“in the case of an exempt activity falling within paragraph 23 of Schedule 3, the authority responsible for granting an authorisation under regulation 27 of the Animal By Products (Scotland) Regulations 2003 under which the exempt activity is carried on.”.\n(6) In regulation 20 (registration of brokers)–\n(a) in paragraph (1) the words “after 31st December 1994” are omitted; and\n(b) in paragraph (4)–\n(i) in sub paragraph (c) the word “or” where it secondly occurs, is deleted; and\n(ii) at the end there is inserted–\n“;\n(e) arranges on behalf of another person (as dealer or broker) for the disposal or recovery of agricultural waste or mines or quarries waste only; or\n(f) arranges on behalf of another person (as dealer or broker) for the disposal or recovery of waste comprising animal by-products only.”.\n(7)\n(1) In Schedule 3 (activities exempt from waste management licensing)–\n(a) in paragraph 12, for Table 3C, substitute–\nTABLE 3C\nCode and type of waste (as referred to in Table 3B)\nComposting activity\nMaximum total quantity (including storage and treatment)\n* Codes referred to in the European Waste Catalogue.\n** Containment in this context means composting in a vessel, in a sealed building or by some other process equally effective to produce a wholly contained and controlled environment.\nPlant tissue waste 02 01 03\nWastes from forestry 02 01 07\nWaste bark and cork 03 01 01\nBiodegradable waste from gardens and park wastes (including cemetery waste 20 02 01)\nOpen air windrow composting without containment and without any impermeable pavement or sealed drainage\n400 Tonnes\nAll above wastes namely 02 01 03, 02 01 07, 03 01 01, 20 02 01 plus 15 01 01, 02 01 06, 15 01 09, 20 01 10 and 20 01 11\nOpen air windrow composting without containment on an impermeable pavement with sealed drainage\n400 Tonnes\nAny type of waste referred to in Table 3B\nComposting with containment of waste\n400 Tonnes\n(b) paragraph 16 is omitted;\n(c) for paragraph 23, there is substituted–\n“23. (1) The recovery of waste consisting of animal by-products at a collection centre in accordance with an authorisation under regulation 27 of the Animal By Products (Scotland) Regulations 2003 if the total quantity of waste being recovered at that collection centre at any time does not exceed 10 tonnes.\n(2) The storage of the waste intended to be submitted to such treatment if–\n(a) storage takes place in a secure place; and\n(b) no waste is stored for more than twelve months.\n(3) In this paragraph, “animal by-products” and “collection centre” have the same meaning as in the Community Regulation as defined in regulation 2(1) of the Animal By Products (Scotland) Regulations 2003.”.\n(2) in paragraph 30–\n(i) for sub paragraph (1)(a) there is substituted “the waste consists of plant tissue;”;\n(ii) at the beginning of sub paragraph (1)(b) there is inserted “it is agricultural waste or”; and\n(iii) after sub paragraph (3), there is inserted–\n“(4) The treatment of land for the benefit of agriculture or ecological improvement by incorporation into soil of ash from waste which is burned on that land in reliance on the exemption conferred by sub-paragraph (1) above .”.\n(8) In Part I of Schedule 3A (Plans and documents required for registration), for Table 4C, substitute–\nTABLE 4C\nParameter\nCodes referred to in European Waste Catalogue\nNeutralising Value\nMicro-biology\nOils & Fats\nPotential toxic elements\nPrescribed substances\nCarbon/ Nitrogen ratio\n* ie. Substances prescribed in Schedule 6 to the Environmental (Prescribed Processes and Substances) Regulations 1991.\n03 03 11,\n03 03 99\n✓\n✓\n✓\n✓\n02 01 99,\n03 01 01,\n03 01 05,\n03 03 01\n17 05 04,\n20 02 02\n✓\n✓\n✓\n02 02 03\n✓\n✓\n02 03, 02 04,\n02 05, 02 06,\n02 07\n✓\n✓\n03 03 09,\n10 13 04,\n10 01 99\n✓\n✓\n✓\n02 01 03,\n02 04 01,\n19 05 03,\n20 02 01\n✓\n✓\n✓\n✓\n04 02 10,\n04 02 15,\n04 02 20,\n04 02 21,\n04 02 22\n✓\n04 01 07\n✓\n✓\n✓\n17 05 06,\n19 06 03,\n19 06 04,\n19 06 05,\n19 06 06\n✓\n✓\n(9) In Part I of Schedule 4 (general provisions relating to the Waste Framework Directive etc.)–\n(a) in paragraph 9 (modifications of Part II of the Environmental Protection Act 1990) sub paragraph (6) is revoked;\n(b) in paragraph 10 (modifications of Part I of the Control of Pollution Act 1974) sub paragraph (3) is omitted;\n(c) in paragraph 11 (references to “waste” in planning and water legislation) for “1972” there is substituted “1997”; and\n(d) in paragraph 12 (registration by professional collectors and transporters of waste, and by dealers and brokers)–\n(i) for sub paragraphs (1) and (2) there is substituted–\n“(1) Subject to sub paragraph (3) below, it shall be an offence for an establishment or undertaking falling within–\n(a) sub paragraph (a), (c), (f) or (g) of regulation 2(1) of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991; or\n(b) sub paragraph (j) of that regulation 6 months after the relevant date,\nto collect or transport waste on a professional basis unless it is registered in accordance with the provisions of this paragraph.\n(2) Subject to the sub-paragraph (3) below, it shall be an offence for an establishment or undertaking falling within–\n(a) sub paragraph (a), (b) or (c) of regulation 20(4) of these Regulations; or\n(b) sub paragraph (e) or (f) of that regulation after the relevant date,\nto arrange for the recovery or disposal of waste on behalf of another person unless it is registered in accordance with the provisions of this paragraph.”;\n(ii) in sub paragraph (11) for “and “controlled waste” have the same meaning as they have” there shall be substituted “has the same meaning as it has”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1998/2746."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.S.I. 2003/411."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "A new paragraph 12 was inserted by regulation 14 of S.S.I. 2004/275."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "* Codes referred to in the European Waste Catalogue."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "** Containment in this context means composting in a vessel, in a sealed building or by some other process equally effective to produce a wholly contained and controlled environment."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "S.S.I. 2003/411."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Schedule 3A was inserted by regulation 11 of S.S.I. 2003/171 as amended by S.S.I. 2004/275."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "* ie. Substances prescribed in Schedule 6 to the Environmental (Prescribed Processes and Substances) Regulations 1991."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "S.I. 1999/472; amended by S.I. 1993/1749, 2405, 1995/3247, 1998/767, S.S.I. 2000/323."
    }
  ],
  "outstanding_effects": [
    {
      "type": "revoked",
      "affecting": "ssi/2006/127",
      "affecting_title": "The Water Environment (Consequential Provisions) (Scotland) Order 2006"
    },
    {
      "type": "revoked",
      "affecting": "ssi/2025/165",
      "affecting_title": "The Environmental Authorisations (Scotland) Amendment Regulations 2025"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2005/22/regulation/6",
    "retrieved_at": "2026-10-28T22:28:00.453978+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}