The Environmental Liability (Scotland) Regulations 2009

Regulation 4(1)

SCHEDULE 1 S ACTIVITIES FOR THE PURPOSES OF REGULATION 4(1)

[F1 1.   The operation of installations subject to permit in pursuance of— S

(a) Council Directive 96/61/EC of 24 September 1996 concerning the integrated pollution prevention and control in respect of all activities listed in Annex I to that Directive with the exception of installations or parts of installations used for research, development and testing of new products and processes,

(b) Directive 2008/1/EC of the European Parliament and of Council of 15 January 2008 concerning integrated pollution prevention and control in respect of all activities listed in Annex I to that Directive with the exception of installations or parts of installations used for research, development and testing of new products and processes, or

(c) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control).]

Textual Amendments

F1 Sch. 1 paras. 1, 2 substituted (31.10.2019) by The Environmental Liability etc. (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/276), regs. 1(1)(a), 2(5)(a)

[F1 2.— (1) Waste management operations, including the collection, transport, recovery and disposal of waste and hazardous waste, including the supervision of such operations and after-care of disposal sites, subject to permit or registration in pursuance of— S

(a) Council Directive 91/689/EEC of 12 December 1991 on hazardous waste,

(b) Directive 2006/12/EC of the European Parliament and of Council of 5 April 2006 on waste,

(c) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste.

(2) The operation of—

(a) landfill sites under Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, or

(b) incineration plants under—

(i) Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste, or

(ii) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control).

(3) Sub-paragraphs (1) and (2) do not apply to operations to the extent to which they include the spreading of sewage sludge from urban waste water treatment plants, treated to an approved standard, for the purposes of agriculture (within the meaning of regulation 2 of the Sludge (Use in Agriculture) Regulations 1989).]

Textual Amendments

F1 Sch. 1 paras. 1, 2 substituted (31.10.2019) by The Environmental Liability etc. (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/276), regs. 1(1)(a), 2(5)(a)

3.  All discharges into inland surface water, which require prior authorisation in pursuance of Council Directive 2006/11/EC of 15th February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community M1 . S

Marginal Citations

M1 O.J. No. L 64, 4.3.2006, p.52.

[F2 4.   All discharges of substances into groundwater which require prior authorisation in pursuance of— S

(a) Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances,

(b) Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration.]

Textual Amendments

F2 Sch. 1 para. 4 substituted (31.10.2019) by The Environmental Liability etc. (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/276), regs. 1(1)(a), 2(5)(b)

5.  The discharge or injection of pollutants into surface water or groundwater which require a permit, authorisation or registration in pursuance of Directive 2000/60/EC. S

6.  Water abstraction and impoundment of water subject to prior authorisation in pursuance of Directive 2000/60/EC. S

[F3 7.   Manufacture, use, storage, processing, filling, release into the environment and onsite transport of— S

(a) dangerous substances as defined in Article 2(2) of Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous substances,

(b) hazardous substances as defined in Article 3 of Regulation (EC) No. 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures,

(c) dangerous preparations as defined in Article 2(2) of Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations,

(d) plant protection products which has the same meaning as in Article 2(1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market,

(e) biocidal products as defined in Article 2(1)(a) of Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market or as defined in Article 3(1)(a) of Regulation (EU) No. 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products.]

Textual Amendments

F3 Sch. 1 paras. 7, 8 substituted (31.10.2019) by The Environmental Liability etc. (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/276), regs. 1(1)(a), 2(5)(c)

[F3 8.   Transport by road, rail, inland waterways, sea or air of dangerous goods or polluting goods as defined in— S

(a) Annex A to Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road,

(b) the Annex to Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail,

(c) Council Directive 93/75/EEC of 13 September 1993 concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods,

(d) Directive 2002/59/EC of the European Parliament and of the Council of 27th June 2002 establishing a Community vessel traffic monitoring and information system,

(e) Directive 2008/68/EC of the European Parliament and of the Council of 24th September 2008 on the inland transport of dangerous goods.]

Textual Amendments

F3 Sch. 1 paras. 7, 8 substituted (31.10.2019) by The Environmental Liability etc. (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/276), regs. 1(1)(a), 2(5)(c)

9.  Any contained use, including transport, involving genetically modified micro‑organisms as defined by [F4 Directive 2009/41/EC of the European Parliament and of the Council of 6 May 2009 on the contained use of genetically modified micro-organisms]. S

Textual Amendments

F4 Words in sch. 1 para. 9 substituted (31.10.2019) by The Environmental Liability etc. (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/276), regs. 1(1)(a), 2(5)(d)

10.  Any deliberate release into the environment, transport and placing on the market of genetically modified organisms as defined by Directive 2001/18/EC. S

11.  Transboundary shipment of waste within, into or out of the European Union, requiring an authorisation or prohibited in the meaning of Council Regulation (EC) No. 1013/2006 of 14th June 2006 on shipments of waste M2 . S

Marginal Citations

M2 O.J. No. L 190, 12.7.2006, p.1, as last amended by Commission Regulation (EC) No. 669/2008 (O.J. No. L 188, 16.7.2008, p.7).

12.  The management of extractive waste pursuant to Directive 2006/21/EC of the European Parliament and of the Council of 15th March 2006 on the management of waste from extractive industries M3 . S

Marginal Citations

M3 O.J. No. L 102, 11.4.2006, p.15.

[F5 13.   The operation of storage sites pursuant to Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006.] S

Textual Amendments

F5 Sch. 1 para. 13 inserted (25.6.2011) by The Environmental Liability (Scotland) Amendment Regulations 2011 (S.S.I. 2011/116), regs. 1(1), 2(2) (with reg. 1(2))