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The Waste Management Licensing (Scotland) Regulations 2011

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Changes over time for: Paragraph 12

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Changes to legislation:

The Waste Management Licensing (Scotland) Regulations 2011, Paragraph 12 is up to date with all changes known to be in force on or before 08 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

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12.—(1) Subject to sub paragraph (3)—S

(a)composting biodegradable waste of a type listed in Table 6, other than for the purpose of cultivating mushrooms;

(b)chipping, shredding, cutting, pulverising, screening or storing such waste for the purpose of composting at the place where the composting activity is, or is to be, carried out; and

(c)screening any such waste which has been composted.

Table 6

1 Codes referred to in the European Waste Catalogue.

2 Wastes containing dangerous substances are not included.

3 The wastes listed do not include all of the wastes specified in the European Waste Catalogue under the code referred to.

Codes1Types of waste
Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 03Plant-tissue waste
02 01 06Animal faeces, urine and manure (including spoiled straw)3
02 01 07Wastes from forestry
02 01 99Straw, wood or paper – based bedding waste, slurry or dirty water from stables, zoos, animal parks or livestock markets3
Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production, molasses preparation and fermentation (02 03)
02 03 01Sludges from washing, cleaning, peeling, centrifuging and separation
Wastes from wood processing and the production of panels and furniture (03 01)
03 01 01Waste bark and cork
03 01 05Sawdust, shavings, cuttings, wood2
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 01Waste bark and wood
Wastes from the textile industry (04 02)
04 02 10Organic matter from natural products (e.g. grease, wax)
Packaging (including separately collected municipal packaging waste) (15 01)
15 01 01Paper and cardboard packaging
15 01 03Wooden packaging
15 01 09Textile packaging
Wastes from aerobic treatment of solid wastes (19 05)
19 05 03Off-specification compost consisting only of biodegradable waste3
Separately collected fractions of municipal wastes (household waste and similar commercial, industrial and institutional wastes) (20 01)
20 01 01Paper and cardboard
20 01 08Biodegradable kitchen and canteen waste
20 01 10Clothes
20 01 11Textiles
Garden and park waste (including cemetery waste) (20 02)
20 02 01Biodegradable waste
Other municipal wastes (20 03)
20 03 02Botanical waste from markets3

(2) Composting any of the wastes listed in the first column of Table 6 for the purpose of cultivating mushrooms at the place where the waste is produced or where the compost is to be used, or at any other place occupied by the person producing the waste or using the compost, where the quantity of waste being composted at any one time does not exceed 2,500 tonnes.

(3) The total quantity of waste treated and stored under sub-paragraph (1) at any time shall not exceed, in relation to the composting activities referred to in the second column of Table 7, the quantity shown in the third column of that Table.

Table 7

1 Codes referred to in the European Waste Catalogue.

2 Containment in this context means composting in a vessel, in a sealed building or by some other process equally effective to produce a wholly contained and controlled environment.

Code and type of waste (as referred to in Table 6)1Composting activityMaximum total quantity (including storage and treatment)
Plant tissue waste 02 01 03Open air windrow composting without containment2 and without any impermeable pavement or sealed drainage400 tonnes
Wastes from forestry 02 01 07
Waste bark and cork 03 01 01
Biodegradable waste from gardens and park wastes (including cemetery waste 20 02 01)
All above wastes namely 02 01 03, 02 01 07, 03 01 01, 20 02 01 plus 02 01 06, 15 01 01, 15 01 09, 20 01 10 and 20 01 11Open air windrow composting without containment2 on an impermeable pavement with sealed drainage400 tonnes
Any type of waste referred to in Table 6Composting with containment2 of waste400 tonnes
Plant tissue waste 02 01 03Open air windrow composting by a farm business of wastes arising within that business as defined for the purposes of the Integrated Administration and Control System for farm support without containment2 and without any impermeable pavement or sealed drainage1,000 tonnes
Wastes from forestry 02 01 07
Waste bark and cork 03 01 01
Biodegradable waste from gardens and park wastes (including cemetery waste) 20 02 01
All above wastes namely 02 01 03, 02 01 07, 03 01 01, 20 02 01 plus 02 01 06, 15 01 01, 15 01 09, 20 01 10 and 20 01 11Open air composting by a farm business of wastes arising within that business as defined for the purposes of the Integrated Administration and Control System for farm support without containment2 on an impermeable pavement with sealed drainage1,000 tonnes
Any type of waste referred to in Table 6Composting by a farm business of wastes arising within that business as defined for the purposes of the Integrated Administration and Control System for farm support with containment2 of waste1,000 tonnes
Biodegradable kitchen and canteen waste 20 01 08Composting in compliance with [F1Article 10 of and Annex V of Commission Regulation (EU) 142/2011 implementing 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 implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive]400 tonnes

(4) The secure storage of biodegradable waste which is to be composted in reliance upon the exemption conferred by sub paragraph (1) at a place other than the place where such composting is or is to be carried out where—

(a)the waste is stored for a period not exceeding 48 hours and is to be taken directly from the storage site to that place;

(b)such storage is part of a scheme for the collection of waste from groups of premises; and

(c)the total quantity of waste so stored does not exceed 10 tonnes.

(5) For the purposes of this paragraph—

(a)composting” means the autothermic and thermophilic biological decomposition and stabilisation of biodegradable waste under controlled aerobic conditions that result in a stable sanitised material that can be applied to land for the benefit of agriculture, horticulture or ecological improvement; and

(b)the reference to “treated” waste includes waste which is undergoing maturation;

(c)The Integrated Administration and Control System for farm support” has the meaning given by paragraph 7(7).

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