- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Waste Management Licensing (Scotland) Regulations 2011 No. 228
28. (1) The obligations described in paragraphs (3) to (5) (“the registration obligations”) apply, to the extent specified in paragraphs (2) to (5), to establishments or undertakings whose particulars are entered into the register in relation to an exempt activity falling within paragraphs 7, 8(2), 9, 10, 12, 19, 42, 46, 47 49, 50 and 51 of Schedule 1.
(2) Sub-paragraph (3) does not apply in the case of an exempt activity falling within paragraph 46 of Schedule 1.
(3) An establishment or undertaking must give at least 21 days written notice of the date on which the exempt activity is first to be carried on to the appropriate registration authority unless this information was provided in the notice or renewal notice given under regulations 25, 26 or 27.
(4) An establishment or undertaking must keep records of the quantity, nature, origin, destination and method of recovery or disposal of all waste treated in reliance upon an exempt activity falling within the following paragraphs of Schedule 1—
(a)paragraphs 7, 8(2), 10, 46 and 50;
(b)paragraphs 9 and 19 where the volume of waste treated exceeds 2,500 cubic metres;
(c)paragraph 12 where the volume of waste treated exceeds 10 tonnes per annum.
(5) Records kept under paragraph (4) must be kept for a period of at least 2 years and must be submitted or made available to the appropriate registration authority on request.
(6) A person who carries on an exempt activity in breach of the registration obligations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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