The National Waste Management Plan for Scotland Regulations 2007

Scottish Statutory Instruments

2007 No. 251

ENVIRONMENTAL PROTECTION

The National Waste Management Plan for Scotland Regulations 2007

Made

22nd March 2007

Coming into force in accordance with regulation 1(1)

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1 and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with paragraph 2(2) of Schedule 2 to that Act, been laid before and approved by resolution of the Scottish Parliament:

Marginal Citations

M1 1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The functions conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

PART 1 S General

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the National Waste Management Plan for Scotland Regulations 2007 and come into force on the day after the day on which they are made.

(2) These Regulations extend to Scotland only.

Interpretation S

2.  In these Regulations–

“the 1990 Act” means the Environmental Protection Act 1990 M2 ;

[F1 "hazardous waste” means any waste which is to be considered as hazardous in accordance with Articles 3(2) and 7 of the Waste Directive;]

[F2 “the Landfill Capacity Report” means the document “Landfill Capacity Report for Scotland, 2008” published by SEPA in 2010;]

[F2 “the National Capacity Report” means the document “National Waste Capacity Report for Scotland 2008” published by SEPA in November 2009;]

“the National Planning Framework” means the document “the National Planning Framework for Scotland” published by the Scottish Executive on 1 April 2003 M3 ;

F3 ...

“national waste management plan” means the plan mentioned in regulation 3(1);

F3 ...

“the Packaging Waste Directive” means the European Parliament and Council Directive 94/62/EC of 20th December 1994 on packaging and packaging waste M4 [F4 , as last amended by Directive (EU) 2015/720 of the European Parliament and of the Council,];

“Planning Advice Note 63” means the document “Planning Advice Note (PAN) 63 – Waste Management Planning” published by the Scottish Executive in February 2002 M5 ;

“public consultees” means the persons to whose attention proposals for the national waste management plan are brought by the Scottish Ministers pursuant to regulation 6(1)(b);

[F5 “Scottish Planning Policy” means the statement of the Scottish Government's policy on important land use planning matters published in February 2010;]

[F5 “Scotland” includes the Scottish marine area as defined in section 1 of the Marine (Scotland) Act 2010;]

“SEPA” means the Scottish Environment Protection Agency; F6 ...

[F7 “ the Special-Hazardous Waste Data Summary” means the documents “Special waste consigned 2002-2006”; “Special waste recovered 2002-2006” and “Special waste disposed 2002-2006”, all published by SEPA in 2008;

“the Waste Data Digest” means the document “Waste Data Digest 10: Key facts and trends” published by SEPA in 2010;

“the Waste Statistics Regulation Scotland Report” means the document “EU Waste Statistics Regulation Scotland Report 2006” published by SEPA in November 2008; and

“Zero Waste Plan” means the document “Scotland's zero waste plan” published by the Scottish Government in June 2010.]

Textual Amendments

F1 Words in reg. 2 substituted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(2)(b)

F2 Words in reg. 2 inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(2)(c)

F3 Words in reg. 2 omitted (27.3.2011) by virtue of The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(2)(a)

F4 Words in reg. 2 inserted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 14(2)

F5 Words in reg. 2 inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(2)(d)

F6 Word in reg. 2 omitted (27.3.2011) by virtue of The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(2)(e)

F7 Words in reg. 2 substituted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(2)(f)

Marginal Citations

M2 1990 c. 43.

M3 ISBN 0-7 559-4195-0.

M4 O.J. No. L 365, 31.12.1994, p.10; as amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council (O.J. No. L 284, 31.10.2003, p.1), Directive 2004/12/EC of the European Parliament and of the Council (O.J. No. L 47, 18.2.2004, p.26) and Directive 2005/20/EC of the European Parliament and of the Council (O.J. No. L 70, 16.03.2005, p.17).

M5 ISBN 0 7559 3330 3.

[F8 Interpretation: the Waste Directive S

2A.   In these Regulations—

[F9 (a) “the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives, [F10 as last amended by Council Regulation (EU) 2017/997, and]]

(b) other expressions used in the Waste Directive have the same meanings as in that Directive.]

Textual Amendments

F8 Reg. 2A inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(3)

F9 Reg. 2A(a) substituted (1.7.2016) by The Waste (Meaning of Recovery) (Miscellaneous Amendments) (Scotland) Order 2015 (S.S.I. 2015/438), arts. 1, 4

F10 Words in reg. 2A(a) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 14(3)

PART 2 S National waste management plan for Scotland

National waste management plan for Scotland S

3.—(1) The Scottish Ministers must have a national waste management plan containing their policies in relation to [F11 waste prevention, preparation for re-use and waste management] in Scotland.

(2) The national waste management plan or any modification of it must [F12 include]–

(a) a statement which relates to the whole of Scotland; or

(b) two or more statements which together relate to the whole of Scotland.

(3) The national waste management plan or any modification of it must include–

[F13 (aza) an analysis of the current waste management situation, including existing waste collection schemes and major disposal and recovery installations;

(azb) a description of measures to be taken to improve environmentally sound preparing for re-use, recycling, recovery and disposal of waste;

(azc) the matters listed in Article 28(3) of the Waste Directive;]

(a) a statement of the Scottish Ministers' policies for attaining the objectives specified in the Schedule to these Regulations;

[F14 (aa) in pursuance of the objectives and provisions of the Waste Directive, an evaluation of how the plan will support the implementation of those objectives and provisions; and]

(b) in pursuance of the objectives and measures referred to in the Packaging Waste Directive, a chapter on the management of packaging and packaging waste, including measures taken pursuant to Articles 4 and 5 of that Directive; F15 ...

F16 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Scottish Ministers [F17 must review the national waste management plan at least once every six years and] may from time to time modify the national waste management plan.

(5) In preparing the national waste management plan, or any modification of it, the Scottish Ministers must consult–

(a) SEPA;

(b) Scottish Natural Heritage;

(c) such bodies or persons appearing to them to be representative of the interests of local government and industry respectively as they think fit; and

(d) such other persons as they think fit.

[F18 (6) The following documents form part of the national waste management plan:—

(a) Zero Waste Plan;

(b) the waste management policies set out in Scottish Planning Policy, the National Planning Framework and Planning Advice Note 63;

(c) the Landfill Capacity Report;

(d) the National Capacity Report;

(e) the Special-Hazardous Waste Data Summary;

(f) the Waste Data Digest; and

(g) the Waste Statistics Regulation Scotland Report.]

Textual Amendments

F11 Words in reg. 3(1) substituted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(4)(a)

F12 Word in reg. 3(2) substituted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(4)(b)

F13 Reg. 3(3)(aza)-(azc) inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(4)(c)

F14 Reg. 3(3)(aa) inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(4)(d)

F15 Word in reg. 3(3) omitted (27.3.2011) by virtue of The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(4)(e)

F16 Reg. 3(3)(c) omitted (27.3.2011) by virtue of The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(4)(f)

F17 Words in reg. 3(4) inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(4)(g)

F18 Reg. 3(6) substituted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(4)(h)

Directions to SEPA S

4.—(1) Without prejudice to any power to give directions conferred by section 40 of the Environment Act 1995 M6 , the Scottish Ministers may give directions to SEPA requiring it–

(a) to advise them on the policies which are to be included in the national waste management plan or any modification of it;

(b) to carry out a survey or investigation into any other matter in connection with the Scottish Ministers' preparation of that plan or any modification of it and to report its findings to them;

(c) to provide such other advice and assistance as Ministers consider appropriate as regards the promotion, development, implementation, monitoring and review of that plan or any modification of it.

(2) A direction under paragraph (1)(b)–

(a) must specify or describe the matters or the areas which are to be the subject of the survey or investigation;

(b) may specify bodies or persons to be consulted before carrying out the survey or investigation; and

(c) may make provision in relation to the manner in which–

(i) the survey or investigation is to be carried out, or

(ii) the findings are to be reported or made available.

(3) Where a direction is given under paragraph (1)(b), SEPA may also consult any body or person that it considers appropriate but is not specified in the direction.

(4) SEPA must make its findings available to any bodies or persons it consults.

Marginal Citations

M6 1995 c. 25.

PART 3 S Procedures for the preparation or modification of the national waste management plan

Application of this Part S

5.—(1) This Part applies to the modification of the national waste management plan as it applies to the preparation of such a plan.

(2) This Part does not apply to–

(a) a national waste management plan or any part of such a plan designed for the sole purpose of serving national defence or civil emergencies; or

(b) a national waste management plan for which a public participation procedure is carried out under the Environmental Assessment (Scotland) Act 2005 M7 .

Marginal Citations

M7 asp 15.

Public participation procedures S

6.—(1) As soon as reasonably practicable after preparing proposals for the national waste management plan or its modification the Scottish Ministers must–

(a) send a copy of the proposals to the persons or bodies mentioned in regulation 3(5);

(b) take such steps as they consider appropriate to bring the proposals to the attention of the persons who in their opinion–

(i) are affected by,

(ii) are likely to be affected by; or

(iii) have an interest in,

the plan;

(c) inform the public consultees of the address (which may include a website)–

(i) at which a copy of the proposals may be viewed,

(ii) from which a copy of the proposals may be obtained;

(d) invite the persons or bodies mentioned in regulation 3(5) and the public consultees to express their opinion on the proposals, specifying the address to which, and the period within which, opinions must be sent.

(2) The period referred to in paragraph (1)(d) must be of such length as will ensure that the persons or bodies mentioned in regulation 3(5) and the public consultees are given an early and effective opportunity to express their opinion on the proposals.

(3) During the period referred to in paragraph (1)(d), the Scottish Ministers must keep a copy of the proposals for inspection by the public at all reasonable times free of charge.

(4) Nothing in paragraph (1)(c) requires the Scottish Ministers to provide copies free of charge; but where a charge is made, it must be of a reasonable amount.

Procedures following public participation S

7.—(1) Before decisions on the national waste management plan or its modification are made the Scottish Ministers must take account of any opinions expressed in accordance with regulation 6(1)(d).

(2) As soon as reasonably practicable after making decisions on the national waste management plan the Scottish Ministers must–

(a) inform–

(i) the persons or bodies mentioned in regulation 3(5), and

(ii) the public consultees,

of the matters set out in paragraph (3);

(b) take such steps as they consider appropriate to bring the matters in paragraph (3) to the attention of the public;

(c) if they have adopted the national waste management plan, make a copy of the plan available for inspection by the public at all reasonable times and free of charge.

(3) The matters are–

(a) the decisions made by the Scottish Ministers on the national waste management plan;

(b) the reasons and considerations upon which those decisions are based; and

(c) information about the public participation procedures.

PART 4 S Consequential repeals and amendments

Consequential repeals and amendments S

8.—(1) In the 1990 Act–

(a) section 44B of, and Schedule 2A to, that Act M8 are repealed; and

(b) in section 44ZA M9 –

(i) in subsection (2)(a), for “the National Waste Strategy” substitute “ national waste management plan ”; and

(ii) in subsection (6), for the definition of “National Waste Strategy” there is substituted the following definition–

““national waste management plan” means the plan mentioned in regulation 3(1) of the National Waste Management Plan for Scotland Regulations 2007 (S.S.I. 2007/251), however constituted at the time and as modified from time to time.”.

(2) In Part I of Schedule 4 to the Waste Management Licensing Regulations 1994 M10 (waste framework directive etc.)–

(a) in paragraph 1, in the definition of “plan-making provisions”,

(i) omit “section 44B of that Act”, and

(ii) substitute “ the National Waste Management Plan for Scotland Regulations 2007 (S.S.I. 2007/ 251) ”; and

(b) in paragraph 3, in Table 5–

(i) in the first column of the second row of that table, at the end insert “ or the Scottish Ministers ”, and

(ii) in the second column of the second row of that table–

(aa) omit “or 44B”, and

(bb) at the end insert “ and preparing the national waste management plan, or any modification of it, in accordance with the National Waste Management Plan for Scotland Regulations 2007 (S.S.I. 2007/251) ”.

Marginal Citations

M8 1990 c. 43. Section 44B and Schedule 2A were inserted into the 1990 Act by section 92(1) of the Environment Act 1995 (c. 25).

M9 Section 44ZA was inserted into the 1990 Act by section 34(1) of the Local Government in Scotland Act 2003 (asp 1).

M10 S.I. 1994/1056; the definition of “plan-making provisions” has been amended by paragraph 10(5)(a) of Schedule 2 to S.I. 1996/593.

ROSS FINNIE

A member of the Scottish Executive

St Andrew's House,

Edinburgh

Regulation 3(3)(a)

SCHEDULE S Objectives for the purposes of the national waste management plan

1.  Ensuring that waste is [F19 managed] without endangering human health and without using processes or methods which could harm the environment and, in particular, without– S

(a) risk to water, air, soil, plants or animals;

(b) causing nuisance through noise or odours;

(c) adversely affecting the countryside or places of special interest.

Textual Amendments

F19 Word in sch. para. 1 substituted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(5)

[F20 1A.   Applying the following waste hierarchy: S

(a) prevention;

(b) preparing for re-use;

(c) recycling;

(d) other recovery, including energy recovery;

(e) disposal

in a way which delivers the best overall environmental outcome. The hierarchy may be departed from for particular types of waste where justified in order to ensure this outcome and by reference to the overall impact of the generation and management of such types of waste.]

Textual Amendments

F20 Sch. para. 1A inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(6)

[F21 2.   Establishing an integrated and adequate network of waste disposal installations and of installations for the recovery of all mixed municipal waste which includes waste collected from private households, taking into account best available techniques.] S

Textual Amendments

F21 Sch. para. 2 substituted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(7)

3.  Ensuring that the network referred to in paragraph 2 enables– S

(a) the European Community as a whole to become self-sufficient in waste disposal [F22 and in the recovery of the municipal waste referred to in paragraph 2,] and the Member States individually to move towards that aim, taking into account geographical circumstances or the need for specialised installations for certain types of waste; and

(b) waste to be disposed of [F23 , and the municipal waste referred to in paragraph 2 to be recovered,] in one of the nearest appropriate installations, by means of the most appropriate methods and technologies in order to ensure a high level of protection for the environment and public health.

Textual Amendments

F22 Words in sch. para. 3(a) inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(8)(a)

F23 Words in sch. para. 3(b) inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(8)(b)

4.  Encouraging the prevention or reduction of waste production and its harmfulness, in particular by– S

(a) the development of clean technologies more sparing in their use of natural resources;

[F24 (aa) reducing the quantity of waste produced through the re-use of products or the extension of their life spans;]

(b) the technical development and marketing of products designed so as to make no contribution or to make the smallest possible contribution, by the nature of their manufacture, use or final disposal, to increasing the amount of harmfulness of waste and pollution hazards; and

(c) the development of appropriate techniques for the final disposal of dangerous substances contained in waste destined for recovery.

Textual Amendments

F24 Sch. para. 4(aa) inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(9)

[F25 4A.   Promoting the re-use of products and the preparation of products for re-use, in particular and where appropriate by—

(a) encouraging the establishment of and supporting re-use and repair networks;

(b) use of economic incentives;

(c) use of procurement criteria; and

(d) use of quantitative objectives.

Textual Amendments

F25 Sch. paras. 4A, 4B inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(10)

4B.   Encouraging—

(a) the separate collection of bio-waste with a view to its composting and digestion;

(b) the treatment of bio-waste in a way that fulfils a high level of environmental protection; and

(c) the use of environmentally safe materials produced from bio-waste.]

Textual Amendments

F25 Sch. paras. 4A, 4B inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(10)

5.  Encouraging– S

(a) the recovery of waste by means of recycling, reuse or reclamation or any other process with a view to extracting secondary raw materials; and

(b) the use of waste as a source of energy.

(a)

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the purpose of implementing:

• Article 7 of Directive 2006/12/EC of the European Parliament and of the Council on waste (O.J. No. L 114, 27.04.2006, p.21);

• Article 6 of Council Directive 91/689/EEC on hazardous waste (O.J. No. L 377, 31.12.1991, p. 20) as amended by Council Directive 94/31/EC (O.J. No. L 168, 02.07.1994, p.28), Corrigendum to Directive 91/689/EC (O.J. No. L 23, 30.01.1998, p.39) and Regulation (EC) No. 166/2006 of the European Parliament and of the Council of 18 January 2006 (O.J. No. L 33, 04.02.2006, p.1);

• Article 14 of Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste (O.J. No. L 365, 31.12.1994, p.10) as amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council (O.J. No. L 284, 31.10.2003, p.1), Directive 2004/12/EC of the European Parliament and of the Council (O.J. No. L 47, 18.02.2004, p. 26) and Directive 2005/20/EC of the European Parliament and of the Council (O.J. No. L 70, 16.03.2005, p.17); and

• Article 2 of Directive 2003/35/EC of the European Parliament and of the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment (O.J. No. L 156, 25.06.2003), in so far as it relates to waste planning.

Section 44B of the Environmental Protection Act 1990 (“the 1990 Act”) requires SEPA to produce a national waste strategy for Scotland. Schedule 2A to the 1990 Act sets out the objectives for the purposes of that strategy. These Regulations replace section 44B with a requirement for the Scottish Ministers to have a national waste management plan for Scotland.

Regulation 3(1) requires the Scottish Ministers to have a national waste management plan containing their policies in relation to the recovery and disposal of waste in Scotland and satisfying the requirements specified in regulation 3(2) and (3). Until Ministers prepare that plan, the documents specified in regulation 3(6) will constitute that plan, insofar as they contain policies and text that satisfy those requirements.

Regulation 4 enables the Scottish Ministers to give directions to SEPA requiring it to advise and assist them in relation to the national waste management plan.

Regulation 5 applies Part 3 of the Regulations to the preparation or modification of the national waste management plan, except where the plan or any part of it is designed for the sole purpose of serving national defence or civil emergencies or is subject to a public participation procedure under the Environmental Assessment (Scotland) Act 2005.

Regulation 6 sets out the public participation procedures to be followed when preparing or modifying the national waste management plan to which Part 3 applies.

Regulation 7 sets out the procedures to be followed after public participation has taken place.

Regulation 8 contains consequential repeals and amendments. These include the repeal of section 44B of, and Schedule 2A to, the 1990 Act.

The Schedule sets out the objectives for the purposes of the national waste management plan.