The Waste Management Licensing (Scotland) Regulations 2011

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the 1990 Act” means the Environmental Protection Act 1990(1);

“the 1991 Regulations” means the Environmental Protection (Prescribed Processes and Substances) Regulations 1991(2);

“the 1994 Regulations” means the Waste Management Licensing Regulations 1994(3);

“the 1995 Act” means the Environment Act 1995(4);

“the 2000 Regulations” means the Pollution Prevention and Control (Scotland) Regulations 2000(5);

“the 2003 Act” means the Water Environment and Water Services (Scotland) Act 2003(6);

“the 2003 Regulations” means the Landfill (Scotland) Regulations 2003(7);

“the 2005 Regulations” means the Water Environment (Controlled Activities) (Scotland) Regulations 2005(8)

“the 2011 Regulations” means the Water Environment (Controlled Activities) (Scotland) Regulations 2011;

“agriculture” has the same meaning as in section 86(3) of the Agriculture (Scotland) Act 1948(9);

“agricultural waste” means waste from premises used for agriculture;

“battery” means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non-rechargeable) or one or more secondary battery cells (rechargeable; an accumulator), but does not include any battery excluded from the scope of the Batteries Directive by Article 2(2) of that Directive;

“Batteries Directive” means Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators(10);

“broker” means any undertaking arranging the recovery or disposal of waste on behalf of others, whether or not such arrangements involve the broker taking physical possession of the waste;

“co-incineration” means the use of wastes as a regular or additional fuel in a co-incineration plant or the thermal treatment of waste for the purposes of disposal in a co-incineration plant;

“co-incineration plant” means any stationary or mobile plant whose main purpose is the generation of energy or production of material products and—

(a)

which uses wastes as a regular or additional fuel, or

(b)

in which waste is thermally treated for the purpose of disposal,

if co-incineration takes place in such a way that the main purpose of the plant is not the generation of energy or production of material products but rather the thermal treatment of waste, the plant shall be regarded as an incineration plant; this definition covers the site and the entire plant including all co-incineration lines, waste reception, storage, on site pre treatment facilities, waste-, fuel- and air supply systems, boiler, facilities for the treatment of exhaust gases, on site facilities for treatment or storage of residues and waste water, stack devices and systems for controlling incineration operations, recording and monitoring incineration conditions;

“coastal water” has the same meaning as in section 3(8) of the 2003 Act;

“construction work” includes the alteration, repair or improvement of existing works;

“controlled activity” has the same meaning as in the 2011 Regulations;

“controlled waste” has the meaning given by section 75;

“dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, whether or not this involves the dealer taking physical possession of the waste;

“the Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste(11);

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

“disposal” means any of the operations listed in Part II of Schedule 4, and any other operation relating to waste which is not recovery even where it has as a secondary consequence the reclamation of substances or energy, and any reference to waste being disposed of is a reference to its being submitted to any such operations;

“disposal licence” has the same meaning as in section 3(1) of the Control of Pollution Act 1974(12);

“European Waste Catalogue” means the list of wastes set out in Commission Decision 2000/532/EC(13) establishing a list of wastes;

“exempt activity” means any of the activities set out in Schedule 1;

“incineration” means the thermal treatment of wastes with or without the recovery of the combustion heat generated;

“incineration plant” means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of wastes with or without recovery of the combustion heat generated. This includes the incineration by oxidation of waste as well as other thermal treatment processes such as pyrolysis, gasification or plasma processes in so far as the substances resulting from the treatment are subsequently incinerated. This definition covers the site and the entire incineration plant including all incineration lines, waste reception, storage, on site pre treatment facilities, waste-, fuel- and air supply systems, boiler, facilities for the treatment of exhaust gases, on site facilities for the treatment or storage of residues and waste water, stack devices and systems for controlling incineration operations, recording and monitoring incineration conditions;

“inland waters” means an inland water as defined in section 3(6) of the 2003 Act, excluding groundwater;

“landfill” has the same meaning as in regulation 2(1) of the 2003 Regulations;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(14);

“mines or quarries waste” means waste from a mine or quarry;

“operational land” has the same meaning as in sections 215 and 216 of the Town and Country Planning (Scotland) Act 1997(15);

“producer” means anyone whose activities produce waste, or anyone who carries out pre-processing, mixing or other operations resulting in a change in its nature or composition;

“recovery” means any of the operations listed in Part III of Schedule 4, and any other operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in a plant or in the wider economy, and any reference to waste being recovered is a reference to its being submitted to any such operations;

“recycling”, except in relation to WEEE, means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery or reprocessing into materials that are to be used as fuels or for back-filling operations;

“recycling”, in relation to WEEE, has the same meaning as in Article 3(e) of the WEEE Directive;

“the register” means a register of exempt activities maintained under regulation 20;

“reuse”, in relation to WEEE, has the same meaning as in Article 3(d) of the WEEE Directive;

“site licence” has the same meaning as in section 35(12);

“special waste” has the same meaning as in regulation 2 of the Special Waste Regulations 1996(16), except that it includes only such radioactive waste as falls within paragraph (b) of the definition of “waste” below;

“surface water” has the same meaning as in section 3(3) of the 2003 Act;

“treatment”, except in relation to WEEE and batteries and to treatment of land, means recovery or disposal operations, including preparation prior to recovery or disposal;

“treatment”, in relation to WEEE, has the same meaning as in Article 3(h) of the WEEE Directive;

“waste” means—

(a)

Directive waste;

(b)

radioactive waste within the meaning of section 1A of the Radioactive Substances Act 1993(17) 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;

“waste management licence” has the same meaning as in section 35(1);

“waste motor vehicle” has the same meaning as in regulation 2 of the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003(18);

“the waste regulation authority” means the Scottish Environment Protection Agency;

“waste oil” means any mineral-based or synthetic lubricating or industrial oil which has become unfit for the use for which it was originally intended and, in particular, used combustion engine oil, gearbox oil, lubricating oil, oil for turbines and hydraulic oil;

“the water environment” has the same meaning as in section 3 of the 2003 Act;

“WEEE” means electrical or electronic equipment which is waste including all components, subassemblies and consumables which are part of the product at the time of discarding;

“the WEEE Directive” means Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment(19), as amended by Directive 2003/108/EC(20);

“work” includes any preparatory work;

“writing” includes text that is—

(a)

transmitted by electronic means;

(b)

received in legible form; and

(c)

capable of being used for subsequent reference.

(2) In these Regulations, in relation to batteries—

(a) “industrial battery” means any battery or battery pack which is—

(i) designed exclusively for industrial or professional uses;

(ii) used as a source of power for propulsion in an electric vehicle;

(iii) unsealed but is not an automotive battery; or

(iv) sealed but is not a portable battery;

(b) “portable battery” means any battery or battery pack which—

(i) is sealed;

(ii) can be hand-carried by an average natural person without difficulty; and

(iii) is neither an automotive nor an industrial battery;

(c) “the treatment conditions” means the provisions of Article 12(2) and Annex III, Part A of the Batteries Directive; and

(d) other expressions defined in Article 3 of the Batteries Directive have the same meanings as in that Directive.

(3) Any reference in these Regulations to carrying on business as a metal dealer has the meaning given by section 37(2) of the Civic Government (Scotland) Act 1982(21).

(4) The provisions of section 160 apply to—

(a) the service or giving of any notice required or authorised by these Regulations to be served on or given to a person; or

(b) the sending or giving of any document required or authorised by these Regulations to be sent or given to a person,

as if the service or giving of any such notice or, as the case may be, the sending or giving of any such document, was required or authorised by or under the 1990 Act.

(5) In these Regulations, unless the context otherwise requires, any reference to—

(a) a numbered section is a reference to the section in the 1990 Act bearing that number;

(b) a numbered regulation or Schedule is a reference to the regulation in, or Schedule to, these Regulations bearing that number; and

(c) a numbered paragraph is a reference to the paragraph in that regulation or Schedule bearing that number in the regulation or Schedule of which that paragraph forms part.

(1)

1990 c.43, as relevantly amended by the Natural Heritage (Scotland) Act 1991 (c.28) Schedule 2 paragraph 10(2); the Local Government etc. (Scotland) Act 1994 (c.39) Schedule 13 paragraph 167(6) and Schedule 14 paragraph 1; the Environment Act 1995 (c.25) Schedule 19 paragraph 4(1), Schedule 22 paragraphs 64, 66(2), 68(3)(b), 72, 76, 77, 83, 86 and 88 and Schedule 24 paragraph 1; the Waste Minimisation Act 1998 (c.44) section 1; the Water Industry (Scotland) Act 2002 (asp 3) Schedule 7 paragraph 20(2) and (3); the Nature Conservation (Scotland) Act 2004 (asp 6) schedule 7 paragraph 7; S.S.I. 2000/323 Schedule 10 Part 1 paragraph 3(3) and (4); 2000/430 article 2; 2002/83 article 2; 2003/173 article 2; 2005/324 article 2 and 2009/247 regulation 3.

(2)

S.I. 1991/472, as relevantly amended by S.I. 1992/614 Schedule 1 paragraph 9(a); S.I. 1993/2405 regulation 2(1); S.I. 1994/1271 Schedule 1 Part II paragraphs 3, 4 and 5(a) and Schedule 3 paragraphs 8 to 11 and S.I. 1995/3247 Schedule 1 Part 1 paragraph 3.

(3)

S.I. 1994/1056, as relevantly amended by S.S.I. 2003/171 regulation 9 and 2004/275 regulation 9(a).

(4)

1995 c.25, as relevantly amended by S.S.I. 2000/323 Schedule 10(1) paragraph 5(4) and S.S.I. 2006/181 Schedule 1(IV) paragraph 8(5).

(5)

S.S.I. 2000/323, as relevantly amended by S.S.I. 2003/146 regulations 5, 15(a)(ii) and (iii), 16(a) and (b) and 17(c)(ii); 2003/170 regulation 9; 2003/235 Schedule 6 paragraph 3(4) and (11); 2004/26 regulation 13; 2005/101 regulation 5 and 2005/340 regulations 4, 9(a) and (b) and 11(a).

(6)

2003 asp 3, as relevantly amended by S.S.I. 2005/348 Part 1 regulation 3(2).

(7)

S.S.I. 2003/235, as relevantly amended by the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) schedule 2(2) paragraph 8; S.S.I. 2003/343 regulation 4 and S.S.I. 2010/60, Part 1 regulation 3(4).

(8)

S.S.I. 2005/348, to which there are amendments not relevant to these Regulations.

(9)

1948 c.45, to which there are amendments not relevant to these Regulations.

(10)

O.J. L 266, 26.9.2006, p.1, as amended by Directive 2008/103/EC (O.J. L 327, 5.12.2008, p.7).

(11)

O.J. L 312, 22.11.2008, p.3.

(12)

1974 c. 40, as relevantly amended by the Criminal Procedure (Scotland) Act 1975 (c.21) section 289B(1), 289F and 289G; the 1995 Act Schedule 19 paragraph 1(3) and S.S.I. 2006/181 Schedule 1 Part 1 paragraph 1.

(13)

O.J. L 226, 6.9.2000, p.3, as amended by Commission Decisions 2001/118/EC (O.J. L 47, 16.2.2001, p.1) and 2001/119/EC (O.J. L 47, 16.2.2001, p.32) and by Council Decision 2001/573/EC (O.J. L 203, 28.7.2001, p.18).

(14)

1994 c.39, as relevantly amended by the 1995 Act Schedule 22 paragraph 232(1).

(15)

1997 c.8, as relevantly amended by the Transport Act 2000 (c.38) Schedule 5 paragraph 11; the Planning etc. (Scotland) Act 2006 (asp 17) Part 10 section 54(10); S.I. 2000/2040 Schedule 1 Part 1 paragraph 20; S.I. 2001/1149 Schedule 1 Part 1 paragraphs 113(2) to (4); S.S.I. 2006/243 article 4(10) and S.I. 2006/1157 Schedule 1 paragraph 1.

(16)

S.I. 1996/972, to which there are amendments not relevant to these Regulations.

(17)

1993 c. 12, as relevantly amended by the Radioactive Substances Act 1993 Amendment (Scotland) Regulations 2011.

(18)

S.S.I. 2003/593.

(19)

O.J. L 37, 13.2.2003, p.24.

(20)

O.J. L 345, 31.12.2003, p.106.

(21)

1982 c.45, to which there are amendments not relevant to these Regulations.