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The Waste Management Licensing (Water Environment) (Scotland) Regulations 2006

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Citation, commencement and extent

1.—(1) These Regulations may be cited as the Waste Management Licensing (Water Environment) (Scotland) Regulations 2006 and shall come into force on 1st April 2006.

(2) These Regulations extend to Scotland only.

Amendment of the Waste Management Licensing Regulations 1994

2.  The Waste Management Licensing Regulations 1994(1) shall be amended in accordance with regulations 3 to 16 below.

3.  In regulation 1(3) (interpretation etc.)–

(a)after the definition of “agricultural waste”(2) insert–

“coastal water” has the same meaning as in section 3(8) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3);;

(b)after the definition of “construction work” insert–

“controlled activity” has the same meaning as in the Water Environment (Controlled Activities) (Scotland) Regulations 2005(3);;

(c)in the definition of “inland waters”, for paragraph (b) substitute–

(b)in Scotland, means an inland water as defined in section 3(6) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3) excluding groundwater;;

(d)after the definition of “special waste” insert–

“surface water” has the same meaning as in section 3(3) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3);; and

(e)after the definition of “waste regulation authority” insert–

“the water environment” has the same meaning as in section 3 of the Water Environment and Water Services (Scotland) Act 2003 (asp 3);.

4.  In regulation 3 (relevant offences), after paragraph (p) insert–

(q)regulation 40(1) of the Water Environment (Controlled Activities) (Scotland) Regulations 2005..

5.  In regulation 12 (mobile plant)–

(a)in paragraph (1)(h), for “controlled waters” substitute “the water environment”; and

(b)omit paragraph (3).

6.  In regulation 16(1) (exclusion of activities under other control regimes from waste management licensing)–

(a)for sub-paragraph (c) substitute–

(c)the disposal of liquid waste under an authorisation granted or deemed to have been granted under the Water Environment (Controlled Activities) (Scotland) Regulations 2005;; and

(b)for sub paragraph (e)(4) substitute–

(e)the disposal of agricultural waste under an authorisation granted or deemed to have been granted under the Water Environment (Controlled Activities) (Scotland) Regulations 2005..

7.  After regulation 17(4) (exemptions from waste management licensing), insert–

(4A) Paragraph (1) above only applies where the person carrying on an exempt activity which is a controlled activity–

(a)takes all reasonable steps to secure efficient and sustainable water use; and

(b)complies with the requirements of–

(i)Council Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances(5); and

(ii)Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy(6)..

8.  After regulation 17 (exemptions from waste management licensing), insert–

Exemptions from waste management licensing: controlled activities

17A.(1) Where a person carries out an exempt activity, which is a controlled activity, in accordance with regulation 17(4A), that person shall, for the purposes of regulation 5 of the Water Environment (Controlled Activities) (Scotland) Regulations 2005, be deemed to be authorised under those Regulations..

9.  In regulation 18(4D)(a)(ii) (registration in connection with exempt activities), for “regulation 17(2) or (4)” substitute “regulation 17(2), (4) or (4A)”.

10.  In regulation 18A(3)(iii) (registration obligations), for “regulation 17(2) or (4)” substitute “regulation 17(2), (4) or (4A)”.

11.  In regulation 20(2)(a) (registration of brokers), for “or under Part II of the Control of Pollution Act 1974” substitute “, an authorisation granted or deemed to have been granted under the Water Environment (Controlled Activities) (Scotland) Regulations 2005”.

12.  In Schedule 1 (information and evidence required in relation to an application for the surrender of a site licence), in paragraph 5(c) for “surface water or groundwater” substitute “the water environment”.

13.  In Schedule 1A (certificates of technical competence)(7), paragraph 2, in sub paragraph (c) of the definition of “inert waste”, for “any surface water or groundwater” substitute “the water environment”.

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

(a)in paragraph 7 (treatment of land), sub paragraph (6)(a) is omitted;

(b)in paragraph 19 (storage of building waste) for sub paragraph (4)(b) substitute–

(b)for engineering works relating to or adjacent to any part of the water environment;; and

(c)in paragraph 38(a) (deposit or storage of waste samples) for “or the Water Resources Act 1991” substitute “the Water Resources Act 1991 or the Water Environment (Controlled Activities) (Scotland) Regulations 2005”.

15.  In Part 1 of Schedule 3A(8), (plans and documents required for registration), in the second column of the table, in paragraph 1(g) of the entry corresponding to paragraph 7 of Schedule 3, for “controlled waters” substitute “part of the water environment”.

16.  In Schedule 4 (Waste Framework Directive etc.)–

(a)in paragraph 1 (interpretation), in the definition of “permit”, for “Part II of the Control of Pollution Act 1974” substitute “an authorisation under the Water Environment (Controlled Activities) (Scotland) Regulations 2005”;

(b)in paragraph 3 (meaning of “competent authority” etc.), in Table 5, for the entry relating to the Scottish Environment Protection Agency or the Secretary of State, substitute–

The Scottish Environment Protection Agency or the Scottish MinistersTheir respective functions under the Water Environment (Controlled Activities) (Scotland) Regulations 2005; and

(c)in paragraph 11 (references to “waste” in planning and water legislation), omit “Part II of the Control of Pollution Act 1974”.

RHONA BRANKIN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

8th March 2006

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