The Waste (Scotland) Regulations 2011
Jurisdiction | Scotland |
Citation | SSI 2011/226 |
Year | 2011 |
(1) These Regulations may be cited as the Waste (Scotland) Regulations 2011 and come into force on 27th March 2011.(2) These Regulations extend to Scotland only.(1) The Environmental Protection Act 1990 after subsection (5) insert—“ has the meaning given by regulation 2(1) of the Waste Management Licensing (Scotland) Regulations 2011 ” .(3) In section 33(1) (c) (prohibition on unauthorised or harmful deposit etc. of waste) , for “treat, keep or dispose of” substitute “ keep or manage ” .after “broker” insert “ or dealer ” ; andomit the “and” immediately following paragraph (b) and after that paragraph insert—“ duties imposed by subsections (1) or (2A) ” .(5) In section 35(3) (waste management licences: general) omit the “and” immediately following paragraph (a) , and after paragraph (b) insert—“ subsections (2A) and (3) ” ; andafter subsection (2) insert—“ Subject to subsection (3A) , ” ;after subsection (6) insert—“ Subject to subsection (6A) , ” ; andafter subsection (12) insert—“ application ” ;in subsection (9) , at the end insert “ or, in the case of a partial surrender referred to in subsection (2A) , the licence shall cease to have effect in relation to the land to which the surrender extends ” ; andafter subsection
- “(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;
- “(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.
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(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.
- “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.
- (c) to the location of the boundaries of the specified land;
- “(2A) The conditions of a site licence may not be modified under subsection (1) so as to remove any of the specified land referred to in section 35(1) from the licence.
- “(3A) In the case of a site licence, a revocation under subsection (3) may extend to the whole of the land to which the licence extends or to any part of it.
- (6A) In the case of a site licence, the suspension may extend to the whole of the land to which the licence extends or to any part of it.
- (12A) If, in the case of a partial revocation referred to in subsection (3A) , the authority is of the opinion that it is necessary to modify the conditions of the licence to take account of the revocation, it shall specify the necessary modifications in the notice served under subsection (12) and the modifications specified in the notice shall take effect on the date specified in the notice.
- “(2A) A surrender of a site licence may extend to the whole of the land to which the licence extends or to any part of it.
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