The Waste (Scotland) Regulations 2011

JurisdictionScotland
CitationSSI 2011/226
Year2011
(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—
  • “(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;
the supervision of such operations;the after-care of disposal sites; andactions taken as a broker or dealer;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; andrecovery” 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,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 ”.(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—
    (ba) on the transfer of any waste oil, to ensure that this is separately collected where technically feasible; and
;
on the transfer of any waste oil, to ensure that this is separately collected where technically feasible; andafter 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.
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.may be departed from where this is justified having regard to the overall impacts of the generation and management of such waste; anddoes not apply to an occupier of domestic property as respects the household waste produced on the property.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) .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 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.
in subsection (6) , for “duty imposed by subsection (1) ” substitute “ 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—
  • (c) to the location of the boundaries of the specified land;
.
to the location of the boundaries of the specified land;in subsection (1) , for “subsection (3) ” substitute “ subsections (2A) and (3) ”; andafter subsection (2) insert—
  • “(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.
.
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.after subsection (3) insert—
  • “(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.
;
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.in subsection (5) , at the beginning insert “ Subject to subsection (3A) , ”;after subsection (6) insert—
  • (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.
;
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.in subsection (8) , at the beginning insert “ Subject to subsection (6A) , ”; andafter subsection (12) insert—
  • (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.
.
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.after subsection (2) insert—
  • “(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.
;
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.in subsection (4) (a) , for “licence” substitute “ 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

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