The Environmental Protection Act 1990 Amendment (Scotland) Regulations 2019

Amendment of the Environmental Protection Act 1990

2.  In section 57 (power of Secretary of State to require waste to be accepted, treated, disposed of or delivered) of the Environmental Protection Act 1990(1)—

(a) in subsection (1), for “the holder of any waste management licence” substitute “any waste management operator”,

(b) after subsection (3), insert—

“(3A) A direction under subsection (1) may only be given for the purpose of protecting the environment or human health.”,

(c) for subsection (8) substitute—

“(8) In this section—

(a) “authorisation” includes—

(i) any authorisation, permit, licence, registration or notification;

(ii) an exemption (whether or not subject to conditions or limitations) from a requirement to have or make an authorisation, permit, licence, registration or notification;

(iii) a requirement to comply with general binding rules, conditions or limitations;

(b) “specified” means specified in a direction under this section;

(c) “waste management operation” means the deposit, disposal, management, recovery or treatment of waste;

(d) “waste management operator” means a person—

(i) to whom an authorisation to carry on a waste management operation has been granted or transferred; or

(ii) carrying on a waste management operation in accordance with an authorisation.”.

(1)

1990 c.43. Section 57 was amended by paragraph 40(3) of schedule 3 of the Regulatory Reform (Scotland) Act 2014 (asp 3).