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The Waste Management Licensing (Scotland) Regulations 2011

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Changes over time for: Section 19

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Version Superseded: 28/02/2019

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Status:

Point in time view as at 01/12/2013. This version of this provision has been superseded. Help about Status

Changes to legislation:

The Waste Management Licensing (Scotland) Regulations 2011, Section 19 is up to date with all changes known to be in force on or before 04 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Exempt activities: registration requirementS

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19.—(1) It is 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) The appropriate registration authority is—

(a)in the case of an exempt activity falling within paragraph 23 of Schedule 1, [F1the competent authority for the purposes of Article 18 of Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) ]M1 under which the exempt activity is carried on; and

(b)in any other case, the waste regulation authority.

(3) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) Subject to regulation 31 and notwithstanding the revocation of the 1994 Regulations by regulation 34(1), an exemption which is registered under regulation 18 of the 1994 Regulations as at 27th March 2011 shall continue in effect as if it was registered under these Regulations, but shall fall due for renewal where applicable on the date on which it would have so fallen due under the relevant provisions of the 1994 Regulations.

Textual Amendments

F1Words in reg. 19(2) substituted (17.5.2012) by The Waste (Scotland) Regulations 2012 (S.S.I. 2012/148), regs. 1(1), 5(4)

Marginal Citations

M1OJ L 300, 14.11.2009, p.1; as amended by Directive 2010/63/EU (O.J. L 276, 20.10.2010, page 33). The Scottish Ministers are the competent authority for the purposes of Commission Regulation (EU) 142/2011 by virtue of regulation 3 of the Animal By-Products (Enforcement)(Scotland) Regulations 2011 (S.S.I. 2011/171).

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