The Management of Extractive Waste (Scotland) Regulations 2010

Consequential amendment of subordinate legislation

3.—(1) In the Town and Country Planning (General Permitted Development) (Scotland) Order 1992(1)—

(a) in article 3(10)(d) (permitted development) omit “or Class 64 of Part 18”;

(b) in article 3(10)(e) omit “or Class 63 of Part 18” and sub-paragraph (iii);

(c) in Schedule 1, Part 15 (mineral exploration), Class 53, before sub-paragraph (2)(a) insert “(za) it is contrary to the requirements of the Management of Extractive Waste (Scotland) Regulations 2010;”;

(d) in Schedule 1, Part 15, Class 54, before sub-paragraph (2)(a) insert “(za) it is contrary to the requirements of the Management of Extractive Waste (Scotland) Regulations 2010;”, and

(e) in Schedule 1 omit Part 18 (waste tipping at a mine).

(2) In Part 2 of Schedule 4 to the Water Environment (Controlled Activities) (Scotland) Regulations 2005(2) (relevant legislation for determination of applications), at the end insert “The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60)”.

(3) In paragraph (2)(d) of Schedule 3 to the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008(3) (classes of development), at the end insert “, including management of extractive waste”.

(4) In regulation 4 of the Landfill (Scotland) Regulations 2003(4) (cases where those Regulations do not apply), after paragraph (b) insert “(ba) waste which falls within the scope of the Management of Extractive Waste (Scotland) Regulations 2010;”.

(1)

S.I. 1992/223; paragraph 10 was added by S.I. 1997/1871 article 3(a). There are other amendments which are not relevant to these Regulations.

(2)

S.S.I. 2005/348, which is relevantly amended by S.S.I. 2008/170, regulation 20 (the amendment is not fully in force).

(3)

S.S.I. 2008/432.

(4)

S.S.I. 2003/235.