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Statutory Instruments of the Scottish Parliament
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SCOTTISH STATUTORY INSTRUMENTS

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 1972[1] and 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:

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.

Interpretation
     2. In these Regulations-

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-

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

    (4) Section 75 (meaning of "waste" and related expressions)[6] is amended as follows-

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 1991[8] (exemption from registration) is amended as follows.

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

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

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

Amendment of the Controlled Waste Regulations 1992
     5.  - (1) The Controlled Waste Regulations 1992[11] are amended as follows.

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

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

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

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

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-

    (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)-

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

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

    (7)

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

* 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 equally effective to produce a wholly contained and controlled environment.

    (2) in paragraph 30-

    (8) In Part I of Schedule 3A[16] (Plans and documents required for registration), for Table 4C, substitute-


TABLE 4C
     Parameter
Codes referred to in European Waste Catalogue Neutralising Value Micro-biology Oils & Fats Potential toxic elements Prescribed substances* Carbon/ Nitrogen ratio
03 03 11,

03 03 99

          
02 01 99,

03 01 01,

03 01 05,

03 03 01

17 05 04,

20 02 02

               
02 02 03                    
02 03, 02 04,

02 05, 02 06,

02 07

                    
03 03 09,

10 13 04,

10 01 99

               
02 01 03,

02 04 01,

19 05 03,

20 02 01

          
04 02 10,

04 02 15,

04 02 20,

04 02 21,

04 02 22

                         
04 01 07               
17 05 06,

19 06 03,

19 06 04,

19 06 05,

19 06 06

                    

*ie. Substances prescribed in Schedule 6 to the Environmental (Prescribed Processes and Substances) Regulations 1991(b).

    (9) In Part I of Schedule 4 (general provisions relating to the Waste Framework Directive etc.)-

Amendment of the Groundwater Regulations 1998
     7.  - (1) The Groundwater Regulations 1998 are amended as follows.

    (2) In regulation 1(3) (interpretation), in the definition of "authorisation"-

    (3) In regulation 2 (exclusion)-

    (4) In regulation 3 (discharge of functions), for "Part I of the Environmental Protection Act 1990 (integrated pollution control)", there is substituted ", Parts I and II of the Environmental Protection Act 1990 (integrated pollution control and waste on land)".

Transitional and savings provision
     8.  - (1) Subject to paragraphs (2) and (3), any activity involving the deposit, disposal or recovery by any person at any premises of mines or quarry waste or agricultural waste (including any such waste which is special waste) carried on immediately before the relevant date shall be deemed for the purposes of regulations 17 and 18 of the 1994 Regulations to be carried out in reliance upon an exemption in Schedule 3 to those Regulations.

    (2) The exemption which is deemed to be conferred by paragraph (1) shall cease to have effect-

    (3) Paragraph (1) does not apply to an activity to which the Landfill (Scotland) Regulations 2003 apply[18].

    (4) Regulation 15 of the 1994 Regulations shall continue to have effect in relation to any waste management licences authorising any of the activities described in sub paragraphs (a) to (d) of regulation 15(1) of those Regulations before the relevant date.

    (5) In this regulation, "mines or quarries waste" and "agricultural waste" shall have the same meanings as they have in regulation 1(3) of the 1994 Regulations[19].


ROSS FINNIE
A member of the Scottish Executive

St Andrew's House, Edinburgh
20th January 2005


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations make miscellaneous changes to waste management legislation by amending the Environmental Protection Act 1990 (c.24) ("the 1990 Act"); the Controlled Waste (Registration of carriers and seizure of vehicles) Regulations 1991 ("the 1991 Regulations"); the Controlled Waste Regulations 1992 ("the 1992 Regulations"); the Waste Management Licensing Regulations 1994 ("the 1994 Regulations") and the Groundwater Regulations 1998 ("the 1998 Regulations").

Regulation 3 amends sections 33, 34 and 75 of the 1990 Act. Regulation 3(2) replaces section 33(2) of the 1990 Act such that the offence in section 33(1)(c) (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste) of that Act will apply to occupiers of domestic property who treat, keep or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health but will not otherwise apply to household waste treated, kept or disposed of within the curtilage of the dwelling by them. A person who commits an offence under section 33(1)(c) above in relation to household waste from a domestic property within the curtilage of the dwelling shall be liable to the penalties set out in the new subsection (10) of section 33 inserted by regulation 3(2)(d).

Regulation 3(3) replaces section 34(2) (duty of care etc. as respects waste) of the 1990 Act such that an occupier of domestic property shall take reasonable steps to ensure that any household waste produced on the property is transferred to an authorised person but shall not otherwise, be subject to the duty of care imposed by section 34(1) of that Act.

Regulation 3(4) amends section 75 (meaning of waste and related expressions) of the 1990 Act-

    (a) to distinguish waste from any mine or quarry (which is now categorised as "industrial waste") from waste from premises used for agriculture (which is now categorised as "commercial waste");

    (b) to categorise waste from mines, quarries and agricultural premises within the controlled waste regime;

    (c) to delete the wording in section 75(8) of the 1990 Act which prevents the making of regulations with regard to such waste in the future; and

    (d) to amend section 75(12) in order to refer to all of the relevant amendments to Directive 75/442/EEC ("the Waste Framework Directive"). Section 75 of the 1990 Act, as amended by paragraph 88 of Schedule 22 to the Environment Act 1995 (as commenced by the Environment Act 1995 (Commencement No. 22) (Scotland) Order 2002 (S.S.I. 2004/ ) provides that "waste" in the definition of "controlled waste" bears the same meaning as it has for the purposes of the Waste Framework Directive.

Regulation 4 amends regulation 2 of the 1991 Regulations which exempts certain persons from registration as carriers of controlled waste in certain circumstances. Regulation 4(2) replaces regulation 2(1)(i) of the 1991 Regulations to exempt a person who transports only waste which comprises animal by-products collected or transported in accordance with certain provisions of the Animal By Products Regulations 2003 (S.S.I. 2003/411). Regulation 4(3) inserts a new provision within this category of exemptions for a person who transports only waste from a mine or quarry or waste from premises used for agriculture.

Regulation 5 amends the 1992 Regulations, which define circumstances in which controlled waste is categorised as household, industrial or commercial waste for the purposes of the 1990 Act.

Regulation 6 amends the 1994 Regulations for various purposes, including-

    (a) to insert a definition of mines and quarries waste (regulation 6(2));

    (b) to revoke regulation 15, which made provision for the authorisation of waste management licensing activities impacting on groundwater (regulation 6(3));

    (c) to insert a new paragraph 23 into Schedule 3, to provide for an exemption from waste management licensing for certain activities involving animal by products (regulation 6(7)(c)).

Regulation 7 is in light of regulation 6(3) of these Regulations. Regulation 7(2) amends the definition of "authorisation" in regulation 1(3) of the 1998 Regulations to include a waste management licence as defined. This is to ensure that any waste management licensing activities which may impact on groundwater should be subject to an assessment and authorisation by SEPA under the 1998 Regulations.

Regulation 8 is a transitional provision to allow-

    (a) those involved in the deposit, disposal or recovery of mines or quarry waste or agricultural waste to apply for a waste management licence or a pollution prevention and control permit in respect of the carrying out of these activities; and

    (b) allow regulation 15 of the 1994 Regulations to continue to apply to those who have been granted an authorisation under that regulation.

Section 2(2) of the European Communities Act 1972 (c.68) is relied upon for the enabling powers for regulations 3 and 7 of these Regulations. Section 2 of the Pollution Prevention and Control Act 1999 ("the 1999 Act") is relied upon for the enabling powers for the remaining provisions of these Regulations.

Regulatory Impact Assessments in relation to these Regulations have been placed in the library of the Scottish Parliament and copies can be obtained from the SEPA Sponsorship and Waste Division, Scottish Executive Environment and Rural Affairs Department (SEERAD), Victoria Quay, Leith, EH6 6QQ.

Notes:

 [1] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8 paragraph 15(3). The functions conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[2] 1999 c.24; the functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 5(3) of that Act and section 53 of the Scotland Act 1998.back

[3] S.S.I. 2000/323; relevant amendments were made by S.S.I. 2002/493, S.S.I. 2003/146, 170 and 235 and S.S.I. 2004/110.back

[4] 1990 c.43.back

[5] S.I. 1994/1056; relevant amendments were made by S.I. 1995/288, 1996/593, 634 and 972, 1998/606 and S.S.I. 2000/323, 2003/171 and 2004/112.back

[6] Relevant amendments were made by paragraph 88 of Schedule 22 to the Environment Act 1995 as commenced by the Environment Act 1995 (Commencement No. 22) (Scotland) Order 2004, S.S.I. 2004/541 (C.40).back

[7] (Commission Decision 96/350/EC (O.J. L 135, 6.6.1996, p.32).back

[8] S.I. 1991/1624; relevant amendments were made by regulation 10 of S.I. 1992/588 and regulation 23 of S.I. 1994/1056.back

[9] 1948 c.45; "agriculture" is defined in section 86(3).back

[10] S.S.I. 2003/411.back

[11] S.I. 1992/588; relevant amendments were made by regulation 24 of S.I. 1994/1056.back

[12] S.I. 1998/2746.back

[13] S.S.I. 2003/411.back

[14] A new paragraph 12 was inserted by regulation 14 of S.S.I. 2004/275.back

[15] S.S.I. 2003/411.back

[16] Schedule 3A was inserted by regulation 11 of S.S.I. 2003/171 as amended by S.S.I. 2004/275.back

[17] S.S.I. 222/323; amended by S.S.I. 2002/493, S.S.I. 2003/146, 170 and 235.back

[18] S.S.I. 2003/235; amended by S.S.I. 2003/343.back

[19] The definition of "agricultural waste" was inserted by S.S.I. 2003/171.back


ISBN 0 11 069400 7


  © Crown copyright 2005

Prepared 26 January 2005

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