The Waste (Scotland) Regulations 2005

JurisdictionScotland
CitationSSI 2005/22

2005 No.22

ENVIRONMENTAL PROTECTION

The Waste (Scotland) Regulations 2005

Made 20th January 2005

Coming into force in accordance with regulation 1(1)

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 19721and section 2 of the Pollution Prevention and Control Act 1999 (“the 1999 Act”)2, having, in accordance with section 2(4) of the 1999 Act consulted the Scottish Environment Protection Agency, such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses respectively, and such other bodies and persons as they consider appropriate; and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 2(8) of the 1999 Act, been laid before, and approved by a resolution of, the Scottish Parliament:

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Waste (Scotland) Regulations 2005 and shall come into force on the day after the day on which they are made (hereinafter referred to as “the relevant date”).

(2) These Regulations extend to Scotland only.

S-2 Interpretation

Interpretation

2. In these Regulations–

“permit” shall have the same meaning as it has for the purposes of regulation 7 of the Pollution Prevention and Control (Scotland) Regulations 20003;

“waste management licence” shall have the same meaning as it has for the purposes of section 35(1) of the Environmental Protection Act 19904; and

the 1994 Regulations” means the Waste Management Licensing Regulations 19945.

S-3 Amendment of the Environmental Protection Act 1990

Amendment of the Environmental Protection Act 1990

3.—(1) The Environmental Protection Act 1990 is amended as follows.

(2) Section 33 (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste) is amended as follows–

(a)

(a) for subsection (2) there is substituted–

S-2

“2 Subject to subsection (2A) below, paragraphs (a) and (b) of subsection (1) above do not apply in relation to household waste from a domestic property which is treated, kept or disposed of within the curtilage of the dwelling.

S-2A

2A Subsection (2) above does not extend to the treatment, keeping or disposal of household waste by an establishment or undertaking.”;

(b)

(b) in subsection (8) after “subsection (9)”, there is inserted “or (10)”;

(c)

(c) in subsection (9) after “waste”, there is inserted “(other than household waste of the description specified in subsection (10) below)”; and

(d)

(d) after subsection (9) there is added–

S-10

“10 A person who commits an offence under subsection (1)(c) above in relation to household waste from a domestic property within the curtilage of the dwelling shall be liable–

(a) on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.”.

(3) For subsection (2) of section 34 (duty of care etc. as respects waste) there is substituted–

S-2

“2 An occupier of domestic property–

(a) shall, as respects the household waste produced on the property, take reasonable steps to secure that any transfer of waste is only to an authorised person or to a person for authorised transport purposes; and

(b) shall not otherwise be subject to the duty imposed by subsection (1) above.”.

(4) Section 75 (meaning of “waste” and related expressions)6is amended as follows–

(a)

(a) the word “or” immediately after subsection (6)(c) is omitted; and

(b)

(b) at the end of that subsection there is added–

“; or

(a) any mine or quarry”;

(c)

(c) in subsection (7) after “premises” where it first occurs, there is inserted “(including premises used for agriculture within the meaning of the Agriculture (Scotland) Act 1948)”;

(d)

(d) at the end of subsection (7)(b) “and” is added;

(e)

(e) subsection (7)(c) is repealed;

(f)

(f) in subsection (8) omit “but no regulations shall be made in respect of such waste as is mentioned in subsection (7)(c) above”;

(g)

(g) at the end of subsection (12)(a) “and” is omitted;

(h)

(h) at the end of subsection (12)(b) there is added–

“; and

(a) the decision of the European Commission, dated 24th May 1996, adapting Annexes IIA and IIB to Directive 75/442/EECon waste7”.

S-4 Amendment of regulation 2 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991

Amendment of regulation 2 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991

4.—(1) Regulation 2 of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 19918(exemption from registration) is amended as follows.

(2) For sub paragraph (i) of paragraph (1), there is substituted–

“(i)

“(i) a person who transports only waste which comprises animal by-products collected and transported in accordance with Article 7(1) or 7(2) of the Community Regulation;”.

(3) After paragraph (1)(i) there is added–

“(j)

“(j) a person who transports only waste from a mine or quarry or waste from premises used for agriculture.”.

(4) In paragraph (2) the following definitions are inserted at the appropriate places–

““agriculture” has the same meaning as in the Agriculture (Scotland) Act 19489; and

“the Community Regulation” has the same meaning as in regulation 2(1) of the Animal By Products (Scotland) Regulations 200310”.

S-5 Amendment of the Controlled Waste Regulations 1992

Amendment of the Controlled Waste Regulations 1992

5.—(1) The Controlled Waste Regulations 199211are amended as follows.

(2) Regulation 1(4)(a) is revoked.

(3) In regulation 7, for paragraphs (3) and (4), there is substituted–

S-3

“3 Waste which comprises animal by-products collected and transported in accordance with Article 7(1) or 7(2) of the Community Regulation shall not be treated as industrial waste or commercial waste for the purposes of section 34 (duty of care as respects waste).

S-4

4 In this regulation, “Community Regulation” has the same meaning as in regulation 2(1) of the Animal By-Products (Scotland) Regulations 2003 and “animal by-products” has the same meaning as in the Community Regulation.”.

(4) In Schedule 3 (waste to be treated as industrial waste)–

(a)

(a) paragraph 14 is omitted;

(b)

(b) at the end the following shall be added–

S-19

19. Any other waste which is Directive Waste, with the exception of any waste which is expressed by any other provision of these Regulations or section 75(5) or (7) of the Environmental Protection Act 1990 to be household waste or commercial waste.”.

(5) In Schedule 4 (waste to be treated as commercial waste) at the end the following shall be added–

S-10

“10 Waste from premises used for the purposes of breeding, boarding, stabling or exhibiting animals.”.

S-6 Amendment of the Waste Management Licensing Regulations 1994

Amendment of the Waste Management Licensing Regulations 1994

6.—(1) The 1994 Regulations are amended as follows.

(2) In regulation 1(3) (interpretation), the following definition is inserted at the appropriate place–

““mines or quarries waste” means waste from a mine or quarry;”.

(3) Subject to regulation 8(4) of these Regulations regulation 15 (groundwater) is revoked.

(4) In regulation 16 (exclusion of activities under other control regimes from waste management licensing)–

(a)

(a) in paragraph (1)(c) “and” is omitted;

(b)

(b) at the end of paragraph (1)(d) there is inserted–

“; and

(a) the disposal of agricultural waste under an authorisation granted under regulation 18 of the Groundwater Regulations 199812.”.

(5) In regulation 18 (registration in connection with exempt activities)–

(a)

(a) in paragraph (1) the words “, after 31st December 1994,” are omitted; and

(b)

(b) for paragraph (1A), there is substituted–

S-1A

“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].”.

(c)

(c) for paragraph (10)(c), there is substituted–

“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 200313under which the exempt activity is carried on.”.

(6) In regulation 20 (registration of brokers)–

(a)

(a) in paragraph (1) the words “after 31st December 1994” are omitted; and

(b)

(b) in paragraph (4)–

(i) in sub paragraph (c) the word “or” where it secondly occurs, is deleted; and

(ii) at the end there is inserted–

“;

(a) 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

(b) arranges on behalf of another person (as dealer or broker) for the disposal or recovery of waste comprising animal by-products only.”.

(7)

(1) In Schedule 3 (activities exempt from waste management licensing)–

(a)

(a) in paragraph 1214, for Table 3C, substitute–

TABLE 3C

Code and type of waste (as referred to in Table 3B)

Composting activity

Maximum total quantity (including storage and treatment)

Plant tissue waste 02 01 03

Wastes from forestry 02 01 07

Waste bark and cork 03 01 01

Biodegradable waste from gardens and park wastes (including cemetery waste 20 02 01)

Open air windrow composting without containment1001 and without any impermeable pavement or sealed drainage

400 Tonnes

All 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

Open air windrow composting without containment1001 on an impermeable pavement with sealed drainage

400 Tonnes

Any type of waste referred to in Table 3B

Composting with containment1001 of waste

400 Tonnes

* Codes referred to in the European Waste Catalogue.

** Containment in this context means composting in a vessel, in a sealed building or by some other process...

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