The Waste Management Licensing (Scotland) Regulations 2011

Register of exempt activities: requirements in relation to certain exempt activities

25.—(1) This regulation applies to exempt activities falling within paragraphs 7, 8(2), 9, 10, 12, 19, 42, 46, 47, 49, 50 or 51 of Schedule 1.

(2) An establishment or undertaking which intends carrying on an exempt activity to which this regulation applies must provide to the appropriate registration authority—

(a) a written notice given on a form provided for the purpose by the appropriate registration authority (“the notice”);

(b) a plan of each place at which the activity will be carried on, the information specified in Schedule 3 and such other information as the appropriate authority reasonably requires; and

(c) payment of any charge prescribed for the purpose by a charging scheme under section 41 of the 1995 Act.

(3) Subject to paragraph (4), unless the appropriate registration authority has within the period of 21 days from the date on which it received the notice either—

(a) entered the relevant particulars in the register in relation to the establishment or undertaking which submitted the notice; or

(b) served on it a notice of refusal stating that registration is refused and giving reasons for that decision,

those particulars will be deemed to be entered in the register at the end of that 21 day period.

(4) In the case of a notice in relation to an exempt activity falling within paragraph 46 of Schedule 1, the relevant particulars will be deemed to be entered in the register on the date which is requested in the notice, provided that—

(a) the notice was submitted to the appropriate authority as soon as practicable before the requested date; and

(b) the appropriate registration authority has not within the period prior to the requested date either entered the relevant particulars in the register or served a notice of refusal on the establishment or undertaking.