The Waste Incineration (Scotland) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under section 2 of the Pollution Prevention and Control Act 1999 (c. 24.). They implement in Scotland the provisions of Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste (O.J. No. L 332, 28.12.00, p.91.) (the Directive), together with the Pollution Prevention and Control (Waste Incineration Directive) (Scotland) Directions 2003 and the Environmental Protection Act (Waste Incineration Directive) (Scotland) Directions 2003.

Regulation 3 requires applications to be made by the operators of certain existing waste incineration installations (as defined in regulation 2) within the period 1st January to 31st March 2005. The applications must be made under the Pollution Prevention and Control (Scotland) Regulations 2000 (S.S.I. 2000/323) (the 2000 Regulations) or the Environmental Protection Act 1990 (1990 c. 43.) and must contain the information specified in regulation 12. Regulation 3(5) prohibits certain waste incineration installations or mobile plants from being put into operation until the relevant application has been determined.

Regulation 4 contains transitional provisions for waste incineration installations or mobile plants which require a permit under the 2000 Regulations as a result of these Regulations.

Regulations 5 to 14 make a number of amendments to the 2000 Regulations. These include: an extension of the definition of “substantial change in operation” in regulation 2 of those Regulations; a revision of Sections 1.1 and 5.1 of Part 1 of Schedule 1 (which describes the waste incineration installations which are subject to the 2000 Regulations); amendments to the transitional timetable in Schedule 3 and the requirements of Schedules 4 and 7 which apply to waste incineration installations; and an addition to the list of information in Schedule 9 which is required to be kept on the public register maintained under the 2000 Regulations.

Regulation 15 makes consequential amendments to the Waste Management Licensing Regulations 1994.

Copies of (a) the Pollution Prevention and Control (Waste Incineration Directive) (Scotland) Directions 2003; (b) the Environmental Protection Act (Waste Incineration Directive) (Scotland) Directions 2003; and (c) the Regulatory Impact Assessment which has been prepared in respect of these Regulations can be obtained from the Scottish Executive Environment and Rural Affairs Department, Victoria Quay, Edinburgh, EH6 6QQ.