The Waste Management Licensing Amendment (Scotland) Regulations 2006
| Jurisdiction | Scotland |
| Citation | SSI 2006/541 |
SCOTTISH STATUTORY INSTRUMENTS
2006 No. 541
ENVIRONMENTAL PROTECTION
The Waste Management Licensing Amendment (Scotland)
Regulations 2006
Made - - - - 8th November 2006
Laid before the Scottish Parliament 9th November 2006
Coming into force - - 1st December 2006
The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European
Communities Act 1972(a) and of all other powers enabling them in that behalf, hereby make the
following Regulations:
Citation, commencement, interpretation and extent
1.—(1) These Regulations may be cited as the Waste Management Licensing Amendment
(Scotland) Regulations 2006 and shall come into force on 1st December 2006.
(2) Any word or expression used both in these Regulations and the Waste Management
Licensing Regulations 1994(b) (“the 1994 Regulations”) has the same meaning for the purposes
of these Regulations as it has for the purposes of the 1994 Regulations.
(3) These Regulations extend to Scotland only.
Amendment of the Waste Management Licensing Regulations 1994
2. The 1994 Regulations are amended as follows.
3. In regulation 1(3) (citation, commencement, interpretation and extent)–
(a) after the definition of “agricultural waste” insert–
““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–
– which uses wastes as a regular or additional fuel, or
– in which waste is thermally treated for the purpose of disposal,
if co-incineration takes places 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
(a) 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The functions
conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within
devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).
(b) S.I. 1994/1056; amended by S.I. 1994/1137; 1995/288 and 1950; 1996/593, 634, 916, 972, 973 and 1279; 1997/2203;
1998/606 and 2746; S.S.I. 2000/323; S.S.I. 2003/170, 171 and 593; S.S.I. 2004/275; S.S.I. 2005/22; S.S.I. 2006/128.
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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;”;
(b) for the definition of “the Directive” substitute–
““the Directive” means Directive 2006/12/EC of the European Parliament and of the
Council of 5th April 2006 on waste(a);”
(c) in the definition of “European Waste Catalogue”, for “the Directive” substitute “Directive
75/442/EEC on waste”;
(d) after the definition of “exempt activity” insert–
““incineration” means the thermal treatment of wastes with or without 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 treatment or storage of residues and waste water, stack devices and
systems for controlling incineration operations recording and monitoring incineration
conditions;”;
(e) after the definition of “the water environment”(b) insert–
““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 of 27th January 2003 on waste electrical and electronic equipment
(WEEE)(c) as amended by Directive 2003/108/EC(d);”.
4. For regulation 17 (exemptions from waste management licensing) substitute–
“Exemptions from waste management licensing
17.—(1) Subject to the following provisions of this regulation and to any conditions or
limitations in Schedule 3, section 33(1)(a) and (b) of the 1990 Act shall not apply in
relation to the carrying on of any exempt activity set out in that Schedule.
(2) Paragraph (1) applies to the carrying on of an exempt activity insofar as it involves
special waste–
(a) only to the extent indicated in Schedule 3; and
(b) provided that the activity does not involve the carrying out, by an establishment or
undertaking, of their own disposal of such waste at the place of production.
(3) In the case of an exempt activity carried out by an establishment or undertaking on
any land not within its ownership or control the establishment or undertaking shall obtain
all consents necessary to enable the activity to be carried out.
(a) O.J. No. L 114, 27.04.2006, p.21. This Directive codifies Council Directive 75/442/EEC (O.J. No. L 194, 25.07.1965, p.39)
as amended by Council Directive 91/156/EEC (O.J. No. L 78, 26.03.1991, p.32), Council Directive 91/156/EEC (O.J.
No. L 377, 31.12.1991, p.48), Commission Decision 96/350/EC (O.J. No. L 135, 06.06.1996, p.32) and Regulation (EC)
No. 1882/2003 of the European Parliament and of the Council (O.J. No. L 284, 31.10.203, p.1).
(b) The definition of “the water environment” was inserted by S.S.I. 2006/128, regulation 3.
(c) O.J. No. L 37, 13.02.2003, p.24.
(d) O.J. No. L 345, 31.12.2003, p.106.
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(4) Unless otherwise indicated in Schedule 3, paragraph (1) does not apply to the carrying
out of an activity in so far as it involves the storage or treatment of WEEE.
(5) In the case of an exempt activity involving the carrying out by an establishment or
undertaking of the disposal or recovery of waste, paragraph (1) applies only if–
(a) the type and quantity of waste; and
(b) the method of disposal or recovery,
are consistent with ensuring the attainment of the objectives mentioned in paragraph 4(1)(a)
of Part I of Schedule 4.
(6) In the case of a person carrying on an exempt activity which is a controlled activity,
paragraph (1) applies only if that person–
(a) takes all reasonable steps to secure efficient and sustainable water use; and
(b) complies with the requirements of–
(i) Council Directive 80/68/EEC on the protection of groundwater against
pollution caused by certain dangerous substances (a); and
(ii) Directive 2000/60/EC of the European Parliament and of the Council
establishing a framework for Community action in the field of water
policy(b).
(7) For the purposes of Schedule 3, a container, lagoon or place is secure in relation to
waste kept in it if all reasonable precautions are taken to ensure that the waste cannot
escape from it and members of the public are unable to gain access to the waste, and any
reference to secure storage means storage in a secure container, lagoon or place.
(8) For the purposes of Schedule 3, “benefit to agriculture or ecological improvement”
shall be construed in accordance with Part 2 of Schedule 3A and any guidance issued under
paragraph (9) of this regulation.
(9) A waste regulation authority shall have regard to any guidance issued to it by the
Scottish Ministers with respect to the discharge of its functions in relation to an exempt
activity.”.
5. In regulation 17A–
(a) for “regulation 17(4A)” substitute “regulation 17(6)”, and
(b) at the end, insert–
“(2) Paragraph (1) does not apply to any activity specified in section 20(3)(c) or (d) of the
activity connected with such an activity and to which section 20(3)(e) of the 2003 Act
applies.”.
6. For regulation 18 substitute–
“Registration in connection with exempt activities
18.—(1) Subject to paragraph (2), it shall be an offence for an establishment or
undertaking to carry on an exempt activity involving the recovery or disposal of waste
without being registered with the appropriate registration authority.
(2) Paragraph (1) shall not apply in the case of an exempt activity to which a resolution
under section 54 of the 1990 Act relates and which is carried on in accordance with the
conditions, specified in the resolution, which relate to it.
(a) O.J. No. L 20, 26.1.1980, p.43; amended by Council Directive 91/692/EEC standardizing and rationalizing reports on the
implementation of certain Directives relating to the environment (O.J. No. L 377, 31.12.1991, p.48).
(b) O.J. No. L 327, 22.12.2000, p.1; amended by Decision 2455/2001/EC of the European Parliament and of the Council of
20th November 2001 establishing the list of priority substances in the field of water policy and amending
Directive 2000/60/EC (O.J. No. L 331, 15.12.2001, p.1).
(c) 2003 asp 3. Section 20 was amended by S.S.I. 2005/348, regulation 3.
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