- 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
30.—(1) Burning waste on land in the open if—
(a)the waste consists of plant tissue;
(b)it is agricultural waste or it is produced on land which is operational land of a railway, light railway, tramway or British Waterways, or which is a forest, woodland, park, garden, verge, landscaped area, sports ground, recreation ground, bank of an inland waterway, churchyard or cemetery, or it is produced on other land as a result of demolition work;
(c)it is burned on the land where it is produced; and
(d)the total quantity burned in any period of 24 hours does not exceed 10 tonnes.
(2) Sub paragraph (1) only applies to the burning of waste by an establishment or undertaking where the waste burned is the establishment or undertaking’s own waste.
(3) The burning of waste consisting of plant tissue waste, in pursuance of a notice given under article 32 of the Plant Health (Scotland) Order 2005(1).
(4) The total quantity of waste burned under sub-paragraph (3) in any period of 24 hours shall not exceed 10 tonnes.
(5) The storage pending its burning, on the land where it is to be burned, of waste which is to be burned in reliance upon the exemption conferred by sub paragraph (1) or (3).
(6) The treatment of land for the benefit of agriculture or ecological improvement by incorporation into soil of ash from waste which is burned on that land in reliance upon the exemption conferred by sub paragraph (1) or (3).
S.S.I. 2005/613, to which there are amendments not relevant to these Regulations.
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