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(1)A disposal of material is a disposal of it as waste if the person making the disposal does so with the intention of discarding the material.
(2)The fact that the person making the disposal or any other person could benefit from or make use of the material is irrelevant.
(3)Where a person makes a disposal on behalf of another person, for the purposes of subsections (1) and (2) the person on whose behalf the disposal is made is to be treated as making the disposal.
(4)The reference in subsection (3) to a disposal on behalf of another person includes references to a disposal—
(a)at the request of another person,
(b)in pursuance of a contract with another person.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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