The Management of Extractive Waste (Scotland) Regulations 2010

PART 3 REQUIREMENTS FOR PARTICULAR CATEGORIES OF PREMISES

Extractive waste area

6.  Where any extractive waste is to be managed in an extractive waste area, and the planning authority is satisfied that the requirements of regulation 11 (waste management plan) are met, in granting planning permission or on review of the requirements of a permission the planning authority shall impose, and shall only impose, such conditions in pursuance of these Regulations as will ensure compliance with regulations 14(a) and 16.

Inert waste, unpolluted soil and peat-related waste

7.—(1) This regulation applies where extractive waste is—

(a) inert waste or unpolluted soil resulting from the prospecting, extraction, treatment or storage of mineral resources; or

(b) waste resulting from the extraction, treatment or storage of peat,

and is not deposited in a Category A waste facility.

(2) The waste management plan need not include the matters required by regulation 11(1)(a) and (b).

(3) Where the planning authority is satisfied that the other requirements of regulation 11 are met, in granting planning permission the only conditions the planning authority shall impose in pursuance of these Regulations are such conditions as are necessary to ensure compliance with—

(a) regulations 14(a) and 16;

(b) in regulation 22(1)(c) to (h), (2)(a) and (3); and

(c) in regulation 23, paragraphs (1), (3) and (4), subject to any modification the planning authority considers appropriate under regulation 23(2).

Non‑hazardous prospecting waste, unpolluted soil and peat-related waste

8.—(1) This regulation applies where extractive waste is—

(a) non‑hazardous waste generated from the prospecting of mineral resources, except oil and evaporites (other than gypsum and anhydrite);

(b) unpolluted soil; or

(c) waste resulting from the extraction, treatment and storage of peat.

(2) The planning authority may, in granting planning permission or on review of the requirements of a permission, reduce or waive any further requirements of these Regulations, including the mandatory conditions in Part 5, if it is satisfied that the extractive waste will be managed without endangering human health and without using processes or methods which could harm the environment, and in particular without—

(a) risk to water, air, soil and fauna and flora;

(b) causing a nuisance through noise or odours;

(c) causing unacceptable effects to the landscape or places of special interest; and

(d) resulting in the abandonment, dumping or uncontrolled depositing of extractive waste.

Non‑hazardous non-inert waste

9.  Where extractive waste is non‑hazardous non‑inert waste, the following provisions of these Regulations shall not apply unless it is deposited in a Category A waste facility—

(a) regulation 15(1);

(b) regulations 22(4) and 24(3);

(c) regulation 23(5); and

(d) regulation 27(b), (e) and (f).