The End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003

Requirement for site licence in respect of activities formerly exempted

4.—(1) Subject to paragraph (2), and to the exception contained in regulation 6, the classification of any recovery of a waste motor vehicle as set out in paragraph 45 of Schedule 3 to the Waste Management Licensing Regulations 1994(1) as an exempt activity (and hence not required to be authorised by a waste management licence) shall cease to have effect, and any such recovery may only be carried out after the coming into force of these Regulations if it is authorised by a site licence.

(2) Subject to paragraphs (3) and (4), where the recovery of a waste motor vehicle described in paragraph (1) was the subject of a registration (pursuant to regulation 18 of the Waste Management Licensing Regulations 1994) subsisting immediately prior to the coming into force of these Regulations, such recovery may nevertheless continue as an exempt activity subject to its said registration (or, upon the subsequent expiry of that registration, as if still subject to it) and without the authorisation of a site licence–

(a) where an application for a site licence, accompanied by the appropriate charge described in regulation 8, is submitted before the applicable date, that is to say the earlier of–

(i) the cancellation date of that registration, or

(ii) 1st February 2004,

until such time as a site licence is either granted or refused in response to that application; or

(b) where no such application is submitted before the applicable date, until immediately before the applicable date.

(3) Any recovery in respect of which an application for a site licence is made in accordance with paragraph (2) shall be subject to the condition that it conforms with such of the obligations and the minimum technical requirements described, respectively, in Parts 1 and 2 of the Schedule as are applicable to the recovery in question.

(4) The condition described in paragraph (3) shall have effect as if it were a condition applied to the recovery of waste motor vehicles in Schedule 3 to the Waste Management Licensing Regulations 1994, and one to which regulation 17 of those Regulations is subject.

(1)

S.I. 1994/1056; relevant amendments are S.I. 1995/288, 1998/606 and 2000/1973.