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The Management of Extractive Waste (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019

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PART 1Introduction

Citation and commencement

1.—(1) These Regulations may be cited as the Management of Extractive Waste (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019.

(2) These Regulations come into force on 30 October 2019, apart from Part 3 which comes into force on exit day.

PART 2Amendments to Out of Date References in Subordinate Legislation

Amendment of the Management of Extractive Waste (Scotland) Regulations 2010

2.  The Management of Extractive Waste (Scotland) Regulations 2010(1) are amended in accordance with regulations 3 to 6.

3.  In regulation 2(1) (interpretation)—

(a)in the definition of “Category A waste facility”—

(i)for “Directive 96/82/EC” to “dangerous substances” substitute “Directive 2012/18/EU”, and

(ii)for paragraph (c) substitute—

(c)which contains substances or mixtures classified as hazardous under Regulation (EC) No 1272/2008 above a certain threshold;,

(b)for the definition of “dangerous substance” substitute—

“dangerous substance” means a substance or mixture which is hazardous within the meaning of Regulation (EC) No 1272/2008,

(c)omit the definition of “Directive 67/548/EEC”,

(d)omit the definition of “Directive 76/464/EEC”,

(e)omit the definition of “Directive 80/68/EEC”,

(f)omit the definition of “Directive 1999/45/EC

(g)after the definition of “Directive 2008/98/EC”, insert—

Directive 2012/18/EU” means Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC(2);, and

(h)after the definition of “receiving body of water” insert—

“Regulation (EC) No 1272/2008” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006(3);.

4.  In regulation 22(1)(c) (construction and management: duties of operator), for “Directives 76/464/EEC, 80/68/EEC and 2000/60/EC” substitute “Directive 2000/60/EC”.

5.  In regulation 23 (prevention of water status deterioration, air and soil pollution)—

(a)in paragraph (2) for “Directives 76/464/EEC, 80/68/EEC and 2000/60/EC” substitute “Directive 2000/60/EC”, and

(b)in paragraph (3) for “Directives 76/464/EEC, 80/68/EEC and 2000/60/EC” substitute “Directive 2000/60/EC”.

6.  In regulation 27 (after-closure procedures: duties of operator) for “Directives 76/464/EEC, 80/68/EEC and 2000/60/EC” substitute “Directive 2000/60/EC”.

PART 3Other Amendments to Subordinate Legislation (EU Exit)

Amendment of the Management of Extractive Waste (Scotland) Regulations 2010

7.  The Management of Extractive Waste (Scotland) Regulations 2010(4) are amended in accordance with regulations 8 to 18.

8.—(1) In regulation 2 (interpretation)—

(2) in paragraph (1)—

(a)before the definition of “the 1997 Act”, insert—

“the 1996 Regulations” means the Special Waste Regulations 1996(5),,

(b)for the definition of “best available techniques” substitute—

“best available techniques” is as defined in Article 2(2) as read with Article 2(3) of Decision 2012/134/EU establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass(6),,

(c)in the definition of “Directive 2000/60/EC”, at the end insert “, as it had effect immediately before exit day”,

(d)in the definition of “Directive 2008/98/EC”, at the end insert “, as it had effect immediately before exit day”,

(e)in the definition of “Directive 2012/18/EU”, at the end insert “, as it had effect immediately before exit day”,

(f)after the definition of “Directive 2012/18/EU”, insert—

“European Waste Catalogue” is as defined in regulation 1(4) of the 1996 Regulations;

(g)in the definition of “Regulation (EC) No 1272/2008”, at the end insert “, as it had effect immediately before exit day”, and

(h)in the definition of “unpolluted soil”, before “EU” insert “retained”.

(3) In paragraph (2)—

(a)omit “and in Directive 2006/21/EC on the management of waste from extractive industries”,

(b)for “that Directive” substitute “Directive 2006/21/EC on the management of waste from extractive industries(7) as it had effect immediately before exit day”.

9.  In regulation 5(3)(b) (transitional provisions), for “or EU legislation” substitute “legislation or retained direct EU legislation”.

10.  In regulation 11(1)(j) (waste management plan) for “Directive 2000/60/EC” substitute “the Water Environment and Water Services (Scotland) Act 2003(8) and the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013(9)”.

11.  In regulation 12 (consultations before consideration of applications)—

(a)in paragraph (2) for “or EU legislation” substitute “legislation or retained direct EU legislation”,

(b)in paragraph (3) for “another” substitute “a”, and

(c)in paragraph (4) for “another” substitute “a”.

12.  In regulation 13 (decision by planning authority)—

(a)in paragraph (1) for “or EU legislation” substitute “legislation or retained direct EU legislation”, and

(b)in paragraph (5) for “or EU legislation” substitute “legislation or retained direct EU legislation”.

13.  In regulation 14(b) (mandatory conditions: general) for “and EU legislation” substitute “legislation or retained direct EU legislation”.

14.  In regulation 21 (co-operation with other member states)—

(a)in the heading omit “other”, and

(b)in paragraph (1) for “another” substitute “a”.

15.  In regulation 22(1)(c) (construction and management: duties of operator) omit “EU or”.

16.  In regulation 23 (prevention of water status deterioration, air and soil pollution) for paragraph (4)(b) substitute—

(b)compliance with retained direct EU legislation..

17.  In schedule 1 (waste management plan: objectives) for “at Community level” in each place where it appears substitute “in retained direct EU legislation”.

18.  In schedule 2 (waste characterisation) for paragraph (b) substitute—

(b)a description of the waste using—

(i)the classification of waste according to the European Waste Catalogue with particular regard to its hazardous characteristics;

(ii)a reference to the notice published or provided by the Scottish Ministers in relation to a determination made by them under regulation 2ZA, 2ZB or 2ZC of the 1996 Regulations;

(iii)evidence that in relation to Wales, England or Northern Ireland the waste is for the time being subject to a determination, made in a manner prescribed in regulation 2ZB(3) of the 1996 Regulations, that it is hazardous;

(iv)evidence that in relation to Wales, England or Northern Ireland the waste is for the time being subject to a determination, made in a manner prescribed in section 2ZC(4) of the 1996 Regulations, that it is non-hazardous;.

KEVIN STEWART

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

2nd September 2019

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