The Landfill (Scotland) Regulations 2003

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InterpretationS

2.—(1) In these Regulations–

[F1“the 2012 Regulations” means the Pollution Prevention and Control (Scotland) Regulations 2012;]

[F2“Batteries Directive” means Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators[F3, as last amended by [F4Directive (EU) 2018/849]F5 of the European Parliament and of the Council];]

[F6“ battery” means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non-rechargeable) or one or more secondary battery cells (rechargeable; an accumulator), but does not include—

(a)

equipment connected with the protection of essential security interests, arms, munitions and war material, with the exclusion of products that are not intended for specifically military purposes, or

(b)

equipment designed to be sent into space,]

“biodegradable waste” means any waste that is capable of undergoing anaerobic or aerobic decomposition, such as food, garden waste, paper and cardboard.

[F7“European Waste Catalogue” means the list of wastes set out in Commission Decision 2000/532/EC establishing a list of wastes, [F8as last amended by Commission Decision 2014/995/EU,]]

[F9“hazardous waste” means any waste which is special waste in terms of regulation 2 of the Special Waste Regulations 1996 F10,]

“holder” means the producer of waste or the person who is in possession of it;

[F11“industrial battery” means any battery or battery pack which is—

(a)

designed exclusively for industrial or professional uses;

(b)

used as a source of power for propulsion in an electric vehicle;

(c)

unsealed but is not an automotive battery; or

(d)

sealed but is not a portable battery;

“inert waste” means waste which–

– does not undergo any significant physical, chemical or biological transformations;
– does not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter with which it comes into contact in a way likely to give rise to environmental pollution or harm to human health; and
– has insignificant total leachability and pollutant content and ecotoxicity of its leachate are insignificant and, in particular, does not endanger the quality of any surface water or groundwater;

“isolated settlement” means a settlement –

(a)

with no more than 500 inhabitants per municipality or settlement and no more than 5 inhabitants per square kilometre; and

(b)

where the distance to the nearest urban agglomeration with at least 250 inhabitants per square kilometre is not less than 50km, or with difficult access by road to those nearest agglomerations, due to harsh meteorological conditions during a significant part of the year;

“landfill” means a landfill to which these Regulations apply (see regulations 3 and 4);

[F12“Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste[F13, as last amended by [F14Directive (EU) 2018/850 of the European Parliament and of the Council]F15, as read with Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to that Directive;]

“landfill gas” means any gas generated from landfilled waste;

“landfill permit” means the permit which is required by [F16the 2012 Regulations] for the carrying out of the disposal of waste in a landfill;

“leachate” means any liquid percolating through deposited waste and emitted from or contained within a landfill;

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18“municipal waste” means—

(a)

mixed waste and separately collected waste from households, including paper and cardboard, glass, metals, plastics, bio-waste, wood, textiles, packaging, waste electrical and electronic equipment, waste batteries and accumulators, and bulky waste, including mattresses and furniture,

(b)

mixed waste and separately collected waste from other sources, where such waste is similar in nature and composition to waste from households,

but does not include waste from production, agriculture, forestry, fishing, septic tanks and sewage network and treatment, including sewage sludge, end-of-life vehicles or waste generated by construction and demolition activities,]

“non-hazardous waste” means waste which is not hazardous waste;

“operator” has the meaning given by regulation 2(1) of [F16the 2012 Regulations];

[F19“portable battery” means any battery or battery pack which—

(a)

is sealed;

(b)

can be hand-carried by an average natural person without difficulty; and

(c)

is neither an automotive battery nor an industrial battery;]

“relevant authorisation” means, in relation to a landfill, the landfill permit or waste management licence for the time being in force in relation to the landfill;

“relevant waste acceptance criteria” means, in relation to a landfill, the waste acceptance criteria set out in Schedule 2 which apply to the class of landfill to which that landfill belongs;

“treatment”[F20, except in relation to waste batteries,] means physical, thermal, chemical or biological processes (including sorting) that change the characteristics of waste in order to reduce its volume or hazardous nature, facilitate its handling or enhance recovery;

[F21“waste” has the same meaning as in section 75(2)(a) of the Environmental Protection Act 1990 F22 as read with section 75A of that Act,]

[F23“Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives, as last amended by [F24Directive (EU) 2018/851 of the European Parliament and of the Council]F25,]

“waste management licence” means a waste management licence within the meaning of Part II of the Environmental Protection Act 1990 F26...

[F27(1A) In relation to batteries and subject to regulation 2(1), expressions defined in Article 3 of the Batteries Directive have the same meanings in these Regulations as in that Directive.]

[F28(1B) Expressions not defined in paragraph (1) and used in these Regulations and in the Landfill Directive have the same meaning as in that Directive.]

(2) In these Regulations, unless the context otherwise requires, any reference to–

(a)a numbered regulation or Schedule is a reference to the regulation in, or Schedule to, these Regulations bearing that number; and

(b)a numbered paragraph is a reference to the paragraph in that regulation or Schedule bearing that number in the regulation or Schedule of which that paragraph forms part.]]

Textual Amendments

F1Words in reg. 2(1) substituted (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations2012 (S.S.I. 2012/360), reg. 1(2), Sch. 11 para. 11(2)(a) (with reg. 71)

F2Words in reg. 2(1) inserted (6.7.2009) by The Waste Batteries (Scotland) Regulations 2009 (S.S.I. 2009/247), art. 1(1), reg. 7(2)(a) (with regs. 8-10)

F3Words in reg. 2(1) inserted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 12(2)(a)

F4Words in reg. 2(1) substituted (4.12.2020) by The Waste (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/314), regs. 1(1), 4(2)(a)

F5OJ L 150, 14.6.2018, p.93.

F6Words in reg. 2(1) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 9(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F7Words in reg. 2(1) substituted (8.6.2015) by The Waste (Meaning of Hazardous Waste and European Waste Catalogue) (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/188), regs. 1(1), 4(a)

F8Words in reg. 2(1) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 12(2)(b)

F9Words in reg. 2(1) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 9(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F10 S.I. 1996/972, amended by regulation 7 of these regulations. Previous relevant amending instrument is S.S.I. 2004/112.

F11Words in reg. 2(1) inserted (6.7.2009) by The Waste Batteries (Scotland) Regulations 2009 (S.S.I. 2009/247), art. 1(1), reg. 7(2)(b) (with regs. 8-10)