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The Management of Extractive Waste (Scotland) Regulations 2010

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

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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.

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