The Waste (Scotland) Regulations 2011

Amendment of the Special Waste Regulations 1996

6.—(1) The Special Waste Regulations 1996(1) are amended as follows.

(2) In regulation 1(4)—

(a) in the definition of “consignor”, at the end insert “,but does not include any occupier of domestic premises in respect of domestic waste removed from those premises”;

(b) after the definition of “conveyance” insert—

““domestic waste” means waste produced by a household;”;

(c) for the definitions of “European Waste Catalogue”, “the Waste Directive” and “waste” substitute—

““European Waste Catalogue” means the list of wastes set out in Commission Decision 2000/532/EC establishing a list of wastes, as that instrument may be amended from time to time;”;

““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”;

““waste” means—

(a)

anything that is waste within the meaning of Article 3(1) of the Waste Directive, as read with Articles 5 and 6, and which is not excluded from the scope of that Directive by Article 2(1), (2) or (3);

(b)

radioactive waste within the meaning of section 1A of the Radioactive Substances Act 1993 which is exempt from the requirement for authorisation under section 13 or 14 of that Act by virtue of an order made, or having effect as if made, under section 15(2) of that Act;

(c)

where land is undergoing on-site remediation of contamination, that land including unexcavated contaminated soil and any contaminated buildings permanently connected with that land;”; and

(d) the definition of “the Hazardous Waste Directive” is omitted.

(3) For regulation 1(5) substitute—

“(5) Other expressions used in these Regulations which are used in the Waste Directive have the same meanings as in that Directive.”.

(4) For regulation 2 substitute—

“Meaning of special waste

2.   “Special waste” means any waste which is to be considered as hazardous waste under Articles 3(2) and 7 of the Waste Directive.”.

(5) For regulation 2A substitute—

“Application of Regulations

2A.— (1) Except as provided in regulation 2B (domestic asbestos waste), these Regulations do not apply to special waste which forms part of mixed domestic waste.

(2) In this regulation, “mixed domestic waste” does not include any separate fractions of special waste which have been produced by a household.”.

(6) In regulation 15(9), for “Article 13 of the Waste Directive and Article 5(2) of the Hazardous Waste Directive” substitute “Article 34 of the Waste Directive”.

(7) In regulation 15A(1), before “record” insert “chronological”.

(8) In regulation 17—

(a) in paragraph (1), after “Subject to paragraph (2)” insert “and to regulation 15(3) of the Waste Management Licensing (Scotland) Regulations 2011”;

(b) in paragraph (1)(b), after “waste” where last occurring insert “, or with other substances or materials”;

(c) omit the “or” immediately following paragraph (2)(a);

(d) for paragraph (2)(b) substitute—

“(b) complies with Article 13 of the Waste Directive, and any adverse impact of the waste management on human health and the environment is not increased; and

(c) conforms to best available techniques.”; and

(e) after paragraph (2) insert—

“(3) In this regulation and in regulation 17A, “mixing” includes dilution of special  waste.”.

(9) In regulation 17A(1)(b), for “4” substitute “13”.

(10) Schedule 2 is omitted.

(1)

S.I. 1996/972, as relevantly amended by S.I. 1996/2019 Schedule 1 paragraph 2(a) and 7; S.S.I. 2000/323 Schedule 10 paragraph 13(1) and (2) and S.S.I. 2004/112 regulation 2(2), (4), (9), (10) and (11).