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25.—(1) The deposit of waste arising from dredging inland waters or public SUD systems, or from clearing plant matter from inland waters or public SUD systems, if either—
(a)the waste is deposited along the bank or towpath of the waters, or on land adjacent to the public SUD system, where the dredging or clearing takes place; or
(b)the waste is deposited along the bank or towpath of any inland waters, or on land adjacent to a public SUD system, so as to result in benefit to agriculture or ecological improvement.
(2) The total amount of waste deposited along the bank or towpath, or on land adjacent to the public SUD system, under sub paragraph (1) must not at any time exceed 50 tonnes for each metre of the bank, towpath or land along or on which it is deposited.
(3) Sub paragraph (1) does not apply to waste deposited in a container or lagoon.
(4) Sub paragraph (1)(a) only applies to the deposit of waste by an establishment or undertaking where the waste deposited is the establishment or undertaking’s own waste.
(5) The treatment by screening or dewatering of such waste as is mentioned in sub paragraph (1)—
(a)on the bank or towpath of the waters, or on land adjacent to the public SUD system, where either the dredging or clearing takes place or the waste is to be deposited, prior to its being deposited in reliance upon the exemption conferred by the foregoing provisions of this paragraph;
(b)on the bank or towpath of the waters, or on land adjacent to the public SUD system, where the dredging or clearing takes place, or at a place where the waste is to be spread, prior to its being spread in reliance upon the exemption conferred by paragraph 7(1) or (2); or
(c)in the case of waste from dredging, on the bank or towpath of the waters, or on land adjacent to the public SUD system, where the dredging takes place, or at a place where the waste is to be spread, prior to its being spread in reliance upon the exemption conferred by paragraph 9(1).
(6) In this paragraph, “public SUD system” has the same meaning as in section 59(1) of the Sewerage (Scotland) Act 1968(1).
1968 c.47, as relevantly amended by the 2003 Act Part 2 section 33(1).
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