The Waste (Scotland) Regulations 2005

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–

“permit” shall have the same meaning as it has for the purposes of regulation 7 of the Pollution Prevention and Control (Scotland) Regulations 2000(1);

“waste management licence” shall have the same meaning as it has for the purposes of section 35(1) of the Environmental Protection Act 1990(2); and

“the 1994 Regulations” means the Waste Management Licensing Regulations 1994(3).

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–

(a) for subsection (2) there is substituted–

“(2) Subject to subsection (2A) below, paragraphs (a) and (b) of subsection (1) above do not apply in relation to household waste from a domestic property which is treated, kept or disposed of within the curtilage of the dwelling.

(2A) Subsection (2) above does not extend to the treatment, keeping or disposal of household waste by an establishment or undertaking.”;

(b) in subsection (8) after “subsection (9)”, there is inserted “or (10)”;

(c) in subsection (9) after “waste”, there is inserted “(other than household waste of the description specified in subsection (10) below)”; and

(d) after subsection (9) there is added–

“(10) A person who commits an offence under subsection (1)(c) above in relation to household waste from a domestic property within the curtilage of the dwelling shall be liable–

(a) on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.”.

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

“(2) An occupier of domestic property–

(a) shall, as respects the household waste produced on the property, take reasonable steps to secure that any transfer of waste is only to an authorised person or to a person for authorised transport purposes; and

(b) shall not otherwise be subject to the duty imposed by subsection (1) above.”.

(4) Section 75 (meaning of “waste” and related expressions)(4) is amended as follows–

(a) the word “or” immediately after subsection (6)(c) is omitted; and

(b) at the end of that subsection there is added–

• “; or

  (e)

  any mine or quarry”;

(c) in subsection (7) after “premises” where it first occurs, there is inserted “(including premises used for agriculture within the meaning of the Agriculture (Scotland) Act 1948)”;

(d) at the end of subsection (7)(b) “and” is added;

(e) subsection (7)(c) is repealed;

(f) in subsection (8) omit “but no regulations shall be made in respect of such waste as is mentioned in subsection (7)(c) above”;

(g) at the end of subsection (12)(a) “and” is omitted;

(h) at the end of subsection (12)(b) there is added–

• “; and

  (c)

  the decision of the European Commission, dated 24th May 1996, adapting Annexes IIA and IIB to Directive 75/442/EEC on waste(5)”.

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(6) (exemption from registration) is amended as follows.

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

“(i) a person who transports only waste which comprises animal by-products collected and transported in accordance with Article 7(1) or 7(2) of the Community Regulation;”.

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

“(j) a person who transports only waste from a mine or quarry or waste from premises used for agriculture.”.

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

““agriculture” has the same meaning as in the Agriculture (Scotland) Act 1948(7); and

“the Community Regulation” has the same meaning as in regulation 2(1) of the Animal By Products (Scotland) Regulations 2003(8)”.

Amendment of the Controlled Waste Regulations 1992

5.—(1) The Controlled Waste Regulations 1992(9) are amended as follows.

(2) Regulation 1(4)(a) is revoked.

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

“(3) Waste which comprises animal by-products collected and transported in accordance with Article 7(1) or 7(2) of the Community Regulation shall not be treated as industrial waste or commercial waste for the purposes of section 34 (duty of care as respects waste).

(4) In this regulation, “Community Regulation” has the same meaning as in regulation 2(1) of the Animal By-Products (Scotland) Regulations 2003 and “animal by-products” has the same meaning as in the Community Regulation.”.

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

(a) paragraph 14 is omitted;

(b) at the end the following shall be added–

“19.   Any other waste which is Directive Waste, with the exception of any waste which is expressed by any other provision of these Regulations or section 75(5) or (7) of the Environmental Protection Act 1990 to be household waste or commercial waste.”.

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

“10.   Waste from premises used for the purposes of breeding, boarding, stabling or exhibiting animals.”.

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–

““mines or quarries waste” means waste from a mine or quarry;”.

(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)–

(a) in paragraph (1)(c) “and” is omitted;

(b) at the end of paragraph (1)(d) there is inserted–

• “; and

  (e)

  the disposal of agricultural waste under an authorisation granted under regulation 18 of the Groundwater Regulations 1998(10).”.

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

(a) in paragraph (1) the words “, after 31st December 1994,” are omitted; and

(b) for paragraph (1A), there is substituted–

“(1A) Paragraph (1) above shall not apply in the case of an exempt activity falling within regulation 8 of the Waste (Scotland) Regulations 200[4].”.

(c) for paragraph (10)(c), there is substituted–

“in the case of an exempt activity falling within paragraph 23 of Schedule 3, the authority responsible for granting an authorisation under regulation 27 of the Animal By Products (Scotland) Regulations 2003(11) under which the exempt activity is carried on.”.

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

(a) in paragraph (1) the words “after 31st December 1994” are omitted; and

(b) in paragraph (4)–

(i) in sub paragraph (c) the word “or” where it secondly occurs, is deleted; and

(ii) at the end there is inserted–

• “;

  (e)

  arranges on behalf of another person (as dealer or broker) for the disposal or recovery of agricultural waste or mines or quarries waste only; or

  (f)

  arranges on behalf of another person (as dealer or broker) for the disposal or recovery of waste comprising animal by-products only.”.

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

(a) in paragraph 12(12), for Table 3C, substitute–

TABLE 3C

Code and type of waste (as referred to in Table 3B)*	Composting activity	Maximum total quantity (including storage and treatment)
* 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.
Plant tissue waste 02 01 03 Wastes from forestry 02 01 07 Waste bark and cork 03 01 01 Biodegradable waste from gardens and park wastes (including cemetery waste 20 02 01)	Open air windrow composting without containment** and without any impermeable pavement or sealed drainage	400 Tonnes
All above wastes namely 02 01 03, 02 01 07, 03 01 01, 20 02 01 plus 15 01 01, 02 01 06, 15 01 09, 20 01 10 and 20 01 11	Open air windrow composting without containment** on an impermeable pavement with sealed drainage	400 Tonnes
Any type of waste referred to in Table 3B	Composting with containment** of waste	400 Tonnes

(b) paragraph 16 is omitted;

(c) for paragraph 23, there is substituted–

“23.— (1) The recovery of waste consisting of animal by-products at a collection centre in accordance with an authorisation under regulation 27 of the Animal By Products (Scotland) Regulations 2003 if the total quantity of waste being recovered at that collection centre at any time does not exceed 10 tonnes.

(2) The storage of the waste intended to be submitted to such treatment if–

(a) storage takes place in a secure place; and

(b) no waste is stored for more than twelve months.

(3) In this paragraph, “animal by-products” and “collection centre” have the same meaning as in the Community Regulation as defined in regulation 2(1) of the Animal By Products (Scotland) Regulations 2003(13).”.

(2) in paragraph 30–

(i) for sub paragraph (1)(a) there is substituted “the waste consists of plant tissue;”;

(ii) at the beginning of sub paragraph (1)(b) there is inserted “it is agricultural waste or”; and

(iii) after sub paragraph (3), there is inserted–

“(4) 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 on the exemption conferred by sub-paragraph (1) above .”.

(8) In Part I of Schedule 3A(14) (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
* ie. Substances prescribed in Schedule 6 to the Environmental (Prescribed Processes and Substances) Regulations 1991(15).
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				✓	✓

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

(a) in paragraph 9 (modifications of Part II of the Environmental Protection Act 1990) sub paragraph (6) is revoked;

(b) in paragraph 10 (modifications of Part I of the Control of Pollution Act 1974) sub paragraph (3) is omitted;

(c) in paragraph 11 (references to “waste” in planning and water legislation) for “1972” there is substituted “1997”; and

(d) in paragraph 12 (registration by professional collectors and transporters of waste, and by dealers and brokers)–

(i) for sub paragraphs (1) and (2) there is substituted–

“(1) Subject to sub paragraph (3) below, it shall be an offence for an establishment or undertaking falling within–

(a) sub paragraph (a), (c), (f) or (g) of regulation 2(1) of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991; or

(b) sub paragraph (j) of that regulation 6 months after the relevant date,

to collect or transport waste on a professional basis unless it is registered in accordance with the provisions of this paragraph.

(2) Subject to the sub-paragraph (3) below, it shall be an offence for an establishment or undertaking falling within–

(a) sub paragraph (a), (b) or (c) of regulation 20(4) of these Regulations; or

(b) sub paragraph (e) or (f) of that regulation after the relevant date,

to arrange for the recovery or disposal of waste on behalf of another person unless it is registered in accordance with the provisions of this paragraph.”;

(ii) in sub paragraph (11) for “and “controlled waste” have the same meaning as they have” there shall be substituted “has the same meaning as it has”.

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”–

(a) at the end of sub-paragraph (d), “and” is omitted; and

(b) at the end of sub-paragraph (e), there is added–

• “; and

  (f)

  a waste management licence (within the meaning of Part II of the Environmental Protection Act 1990).”.

(3) In regulation 2 (exclusion)–

(a) insert “or” at the end of sub paragraph (1)(b);

(b) omit “; or” at the end of sub paragraph (1)(c); and

(c) omit sub paragraph (1)(d).

(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–

(a) provided the person carrying on the activity applies to SEPA for a waste management licence or a permit under regulation 7 of the Pollution Prevention and Control (Scotland) Regulations 2000(16) in relation to that activity within the period of 12 months beginning on the relevant date –

(i) on the date on which the licence or permit applied for is granted; or

(ii) if the application is (or is deemed to be) rejected, on the date on which the period for appealing expires without an appeal having been made or any appeal is withdrawn or finally determined; or

(b) in any other case, 12 months after the relevant date.

(3) Paragraph (1) does not apply to an activity to which the Landfill (Scotland) Regulations 2003 apply(17).

(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(18).

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

20th January 2005