The Waste (Scotland) Regulations 2011

after subsection (5) insert—

“(5A)

In relation to controlled waste—

(a)

a reference to the management of such waste is a reference to the collection, transport, recovery and disposal of such waste and includes—

(i)

the supervision of such operations;

(ii)

the after-care of disposal sites; and

(iii)

actions taken as a broker or dealer;

(b)

“collection” means the gathering of such waste, including the preliminary sorting and preliminary storage of such waste for the purposes of transport to a waste treatment facility; and

(c)

“recovery” refers to any of the operations listed in Part III of Schedule 4 to the Waste Management Licensing (Scotland) Regulations 2011, and any other operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in a plant or in the wider economy,

and cognate expressions shall be construed accordingly.”; and

in subsection (6), for “includes its disposal by way of deposit in or on land” substitute “ has the meaning given by regulation 2(1) of the Waste Management Licensing (Scotland) Regulations 2011 ”.

in subsection (1)—

after subsection (2) insert—

“(2A)

It shall be the duty of any person who produces, keeps or manages controlled waste, or as a broker or dealer has control of such waste, to take all such measures available to that person as are reasonable in the circumstances to apply the waste hierarchy set out in Article 4(1) of the Waste Directive.

(2B)

The duty in subsection (2A)—

(a)

may be departed from where this is justified having regard to the overall impacts of the generation and management of such waste; and

(b)

does not apply to an occupier of domestic property as respects the household waste produced on the property.

(2C)

The Scottish Ministers may give guidance on the discharge of the duty in subsection (2A), including the circumstances in which that duty may be departed from under subsection (2B)(a).

(2D)

A person seeking to discharge the duty in subsection (2A) must, in doing so, have regard to any guidance given under subsection (2C).”;

after subsection (4A) insert—

“(4B)

In this section—

• “separately collected” means collected separately from other types of waste so as to facilitate a specific treatment;

• “waste oil” means any mineral or synthetic lubrication or industrial oil which has become unfit for the use for which it was originally intended, such as used combustion engine oil and gearbox oil, lubricating oil, oil for turbines and hydraulic oil.”; and

in subsection (6), for “duty imposed by subsection (1)” substitute “ duties imposed by subsections (1) or (2A) ”.

for subsection (2) substitute—

“(2)

“Waste” means—

(a)

anything that is waste within the meaning of Article 3(1) of the Waste Directive, as read with Articles 5 and 6, and which is not excluded from the scope of that Directive by Article 2(1), (2) or (3);

(b)

radioactive waste within the meaning of section 1A of the Radioactive Substances Act 1993 which is exempt from the requirement for authorisation under section 13 or 14 of that Act by virtue of an order made, or having effect as if made, under section 15(2) of that Act;

(c)

where land is undergoing on-site remediation of contamination, that land including unexcavated contaminated soil and any contaminated buildings permanently connected with that land.”;

after subsection (2) insert—

“(2A)

“Broker” means any undertaking arranging the recovery or disposal of waste on behalf of others, whether or not such arrangements involve the broker taking physical possession of the waste; and “dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, whether or not this involves the dealer taking physical possession of the waste.”;

subsection (10) is repealed; and

for subsections (11) and (12) substitute—

“(12)

In this Part, “the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste.”.

at the end of paragraph (b) insert “ or as a professional collector or transporter of waste under paragraph 12 of Schedule 4 to the Waste Management Licensing (Scotland) Regulations 2011 ”;

for paragraph (h) substitute—

“(h)

registration of a person as a broker of, or dealer in, controlled waste under the Waste Management Licensing (Scotland) Regulations 2011,”; and

in paragraph (j), for “or 47 of Schedule 3” substitute “ , 47 or 51 of Schedule 1 ”.

omit the definitions of “National Planning Policy Guideline 10” and “the National Waste Plan”;

for the definition of “hazardous waste” substitute—

““hazardous waste” means any waste which is to be considered as hazardous in accordance with Articles 3(2) and 7 of the Waste Directive;”;

after the definition of “hazardous waste” insert—

• ““the Landfill Capacity Report” means the document “Landfill Capacity Report for Scotland, 2008” published by SEPA in 2010 M2;

• “the National Capacity Report” means the document “National Waste Capacity Report for Scotland 2008” published by SEPA in November 2009 M3;”;

after the definition of “public consultees” insert—

• ““Scottish Planning Policy” means the statement of the Scottish Government's policy on important land use planning matters published in February 2010 M4;

• “Scotland” includes the Scottish marine area as defined in section 1 of the Marine (Scotland) Act 2010 M5;”;

after the definition of “SEPA” omit “and”; and

for the definition of “the Waste Data Digest” substitute—

• ““ the Special-Hazardous Waste Data Summary” means the documents “Special waste consigned 2002-2006”; “Special waste recovered 2002-2006” and “Special waste disposed 2002-2006”, all published by SEPA in 2008 M6;

• “the Waste Data Digest” means the document “Waste Data Digest 10: Key facts and trends” published by SEPA in 2010 M7;

• “the Waste Statistics Regulation Scotland Report” means the document “EU Waste Statistics Regulation Scotland Report 2006” published by SEPA in November 2008 M8; and

• “Zero Waste Plan” means the document “Scotland's zero waste plan” published by the Scottish Government in June 2010 M9.”.

in paragraph (1), for “the recovery and disposal of waste” substitute “ waste prevention, preparation for re-use and waste management ”;

in paragraph (2), for “consist of” substitute “ include ”;

in paragraph (3), before sub-paragraph (a) insert—

“(aza)

an analysis of the current waste management situation, including existing waste collection schemes and major disposal and recovery installations;

(azb)

a description of measures to be taken to improve environmentally sound preparing for re-use, recycling, recovery and disposal of waste;

(azc)

the matters listed in Article 28(3) of the Waste Directive;”;

in paragraph (3), after sub-paragraph (a) insert—

“(aa)

in pursuance of the objectives and provisions of the Waste Directive, an evaluation of how the plan will support the implementation of those objectives and provisions; and”;

omit the “and” immediately following paragraph (3)(b);

omit paragraph (3)(c);

in paragraph (4) after “Ministers” insert “ must review the national waste management plan at least once every six years and ”; and

for paragraph (6) substitute—

“(6)

The following documents form part of the national waste management plan:—

(a)

Zero Waste Plan;

(b)

the waste management policies set out in Scottish Planning Policy, the National Planning Framework and Planning Advice Note 63;

(c)

the Landfill Capacity Report;

(d)

the National Capacity Report;

(e)

the Special-Hazardous Waste Data Summary;

(f)

the Waste Data Digest; and

(g)

the Waste Statistics Regulation Scotland Report.”.

in sub-paragraph (a), after “disposal” insert “ and in the recovery of the municipal waste referred to in paragraph 2, ”; and

in sub-paragraph (b), after “of” where first occurring insert “ ,and the municipal waste referred to in paragraph 2 to be recovered, ”.

in the definition of “consignor”, at the end insert “, but does not include any occupier of domestic premises in respect of domestic waste removed from those premises”;

after the definition of “conveyance” insert—

““domestic waste” means waste produced by a household;”;

for the definitions of “European Waste Catalogue”, “the Waste Directive” and “waste” substitute—

““European Waste Catalogue” means the list of wastes set out in Commission Decision 2000/532/EC establishing a list of wastes, as that instrument may be amended from time to time;”;

““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”;

““waste” means—

1. (a)

   anything that is waste within the meaning of Article 3(1) of the Waste Directive, as read with Articles 5 and 6, and which is not excluded from the scope of that Directive by Article 2(1), (2) or (3);

2. (b)

   radioactive waste within the meaning of section 1A of the Radioactive Substances Act 1993 which is exempt from the requirement for authorisation under section 13 or 14 of that Act by virtue of an order made, or having effect as if made, under section 15(2) of that Act;

3. (c)

   where land is undergoing on-site remediation of contamination, that land including unexcavated contaminated soil and any contaminated buildings permanently connected with that land;”; and

the definition of “the Hazardous Waste Directive” is omitted.

in the definition of “recovery”, for “Annex IIB” substitute “ Annex II ”; and

in paragraph (d) of the definition of “relevant authorisation”, for “regulation 18 of the Waste Management Licensing Regulations 1994” substitute “ regulation 19 of the Waste Management Licensing (Scotland) Regulations 2011 ”.

in sub-paragraph (b), for “Annex IIB” substitute “ Annex II ”; and

in sub-paragraph (c), for “Annex IIA or Annex IIB” substitute “ Annex I or II ”.