The Waste (Recyclate Quality) (Scotland) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Waste Management Licensing (Scotland) Regulations 2011 (S.S.I. 2011/228) (“the 2011 Regulations”) and the Pollution Prevention and Control (Scotland) Regulations 2012 (S.S.I. 2012/360) (“the 2012 Regulations”).

They do so for the purposes of the second paragraph of Article 11(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ L 312, 22.11.2008, p.3), which provides that Member States shall take measures to promote high quality recycling and, to this end, shall set up separate collections of waste.

Section 34(2E) of the Environmental Protection Act 1990 (c.43) (“the 1990 Act”) provides that from 1st January 2014 any person, other than an occupier of domestic property as respects household waste produced on the property, shall take all reasonable steps to ensure the separate collection of dry recyclable waste.

Section 45C of the 1990 Act imposes a similar requirement on a waste collection authority in respect of household waste produced on domestic property that is dry recyclable waste.

Section 34(2L) of the 1990 Act imposes a duty on any person who produces or manages household, industrial or commercial waste to take all reasonable steps to ensure that the waste is managed in a manner that promotes high quality recycling.

Section 75(7A) of the 1990 Act defines “dry recyclable waste”, and in particular distinguishes the different dry waste streams in such waste (glass, metals, plastics, paper or card).

The Scottish Ministers have prepared and issued the “Code of Practice on Sampling and Reporting at Materials Recovery Facilities” under section 34(7) of the 1990 Act, for the purpose of providing to persons operating such a facility practical guidance on how to discharge in particular the duty in section 34(2L) of that Act at the facility. A copy can be obtained from the Environmental Quality Division, Scottish Government, Victoria Quay, Edinburgh EH6 6QQ.

Regulation 2 of these Regulations amends the 2011 Regulations to impose a duty on the waste regulation authority (the Scottish Environment Protection Agency) to ensure that a waste management licence granted under section 35 of the 1990 Act authorising the treatment of such waste which is granted or varied on or after the coming into force date, contains a condition requiring the holder of the licence to comply with the Code.

Regulation 3 makes comparable amendments to the 2012 Regulations in respect of a permit or a future permit authorising the operation of such a facility.

A Business and Regulatory Impact Assessment has been prepared, and placed in the Scottish Parliament Information Centre. Again, a copy can be obtained from the Environmental Quality Division and from the Scottish Government’s website.