The Waste (Scotland) Regulations 2005

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(1) 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be) rejected, on the date on which the period for appealing expires without an appeal having been made or any appeal is withdrawn or finally determined; or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(2).

(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(3).

(1)

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

(2)

S.S.I. 2003/235; amended by S.S.I. 2003/343.

(3)

The definition of “agricultural waste” was inserted by S.S.I. 2003/171.