Draft Regulations laid before the Scottish Parliament under section 2(8) and (9)(e) of the Pollution Prevention and Control Act 1999, for approval by resolution of the Scottish Parliament.
2019 No.
The Environmental Protection Act 1990 Amendment (Scotland) Regulations 2019
Made
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2 of the Pollution Prevention and Control Act 19991 and all other powers enabling them to do so.
In accordance with section 2(4) of that Act, they have consulted the Scottish Environment Protection Agency, such bodies and persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses respectively as they consider appropriate and such other bodies or persons as they consider appropriate.
In accordance with section 2(8) and (9)(e) of that Act a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and extent1
1
These Regulations may be cited as the Environmental Protection Act 1990 Amendment (Scotland) Regulations 2019 and come into force on the day after the day on which they are made.
2
These Regulations extend to Scotland only.
Amendment of the Environmental Protection Act 19902
In section 57 (power of Secretary of State to require waste to be accepted, treated, disposed of or delivered) of the Environmental Protection Act 19902—
a
in subsection (1), for “the holder of any waste management licence” substitute “any waste management operator”,
b
after subsection (3), insert—
3A
A direction under subsection (1) may only be given for the purpose of protecting the environment or human health.
c
for subsection (8) substitute—
8
In this section—
a
“authorisation” includes—
i
any authorisation, permit, licence, registration or notification;
ii
an exemption (whether or not subject to conditions or limitations) from a requirement to have or make an authorisation, permit, licence, registration or notification;
iii
a requirement to comply with general binding rules, conditions or limitations;
b
“specified” means specified in a direction under this section;
c
“waste management operation” means the deposit, disposal, management, recovery or treatment of waste;
d
“waste management operator” means a person—
i
to whom an authorisation to carry on a waste management operation has been granted or transferred; or
ii
carrying on a waste management operation in accordance with an authorisation.
(This note is not part of the Regulations)