Search Legislation

The Management of Extractive Waste (Scotland) Regulations 2010

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Waste management plan

This section has no associated Executive Note

11.—(1) The waste management plan submitted by the operator of an extractive waste area or waste facility in accordance with regulation 10(2) must plan for the minimisation, treatment, recovery and disposal of extractive waste, take account of the principle of sustainable development, have the objectives in Schedule 1 and include the following—

(a)the identity of the operator;

(b)the location, or proposed location, of the extractive waste area or the waste facility, including in respect of a waste facility any possible alternative locations;

(c)sufficient information and identification to enable the planning authority to evaluate the operator’s ability to meet the objectives of the waste management plan, as detailed in Schedule 1, and explaining in particular how the option and method chosen as detailed in paragraph (a)(i) of that Schedule will fulfil those objectives;

(d)the category, in accordance with paragraph (2), into which the operator considers that the area or facility falls, with appropriate assessment to allow the planning authority to consider whether it agrees with that categorisation, including an identification of possible accident hazards;

(e)waste characterisation in accordance with Schedule 2 and a statement of the estimated total quantities of extractive waste to be produced during the operational phase;

(f)a description of the operation generating such waste and of any subsequent treatment to which it is subject;

(g)a description of how the environment and human health may be adversely affected by the deposit of such waste and the preventative measures to be taken in order to minimise environmental impact during operation and after closure, including the requirements referred to in regulation 22(1)(c), (d), (g) and (h);

(h)whether or not the operator intends to place extractive waste into excavation voids for rehabilitation and construction purposes (whether the voids were created through surface or underground extraction), and, if such placing is intended, details of the proposed control and monitoring procedures—

(i)to secure the stability of the extractive waste pursuant to regulation 22(1)(c) to (e), (g) and (h);

(ii)to prevent the pollution of soil, surface water and groundwater in accordance with regulation 23(1)(a) to (c) and regulation 23(4), and

(iii)to ensure the monitoring of the extractive waste and the excavation void in accordance with regulation 27(a) and (b);

(i)the proposed plan for closure, including rehabilitation, after‑closure procedures and monitoring as provided for in regulation 27;

(j)measures for the prevention of water status deterioration in accordance with Directive 2000/60/EC and for the prevention or minimisation of air and soil pollution pursuant to regulation 23(1); and

(k)if categorised as a waste facility, a survey of the condition of the land affected or to be affected by it.

(2) The options for the proposed categorisation are—

(a)extractive waste area;

(b)waste facility; or

(c)Category A waste facility.

(3) Where a facility is categorised as a Category A waste facility, whether by the operator or the planning authority, the waste management plan shall include a document demonstrating that a major‑accident prevention policy, a safety management system for implementing that policy and an internal emergency plan, all as described in regulation 18, are in effect or will be put into effect in accordance with that regulation prior to start of operation of that facility.

(4) The operator may satisfy the requirements of paragraphs (1) and (3) by reference in the waste management plan to other documentation in the possession of the operator, and where compliance with other national or Community legislation will require the operator to satisfy any of the requirements of those paragraphs, it will be sufficient for the operator to advise the planning authority of the legislation involved and the parts of the waste management plan which will be satisfied in that way.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources