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The Waste Management Licensing (Scotland) Regulations 2011

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The Waste Management Licensing (Scotland) Regulations 2011, Paragraph 7 is up to date with all changes known to be in force on or before 18 November 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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7.—(1) The treatment with any of the wastes listed in Table 2 of land used for agriculture where such treatment results in benefit to agriculture or ecological improvement.S

(2) The treatment with any of the wastes listed in Part I of Table 2 of—

(a)operational land of a railway, light railway, Scottish Water or British Waterways; or

(b)land which is a forest, woodland, park, garden, verge, landscaped area, sports ground, recreation ground, churchyard or cemetery;

where the land in question is not used for agriculture and such treatment results in ecological improvement.

Table 2

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
PART I Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 03Plant-tissue waste
Wastes from sugar processing (02 04)
02 04 01Soil from cleaning and washing beet
Wastes from wood processing and the production of panels and furniture (03 01)
03 01 01Waste bark and cork
03 01 05Sawdust shavings, cuttings, wood, particle board3
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 01Waste bark and wood (including virgin pulp)
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 04Soil and stones2
17 05 06Dredging spoil3
Wastes from aerobic treatment of solid wastes (19 05)
19 05 03Off-specification compost consisting only of biodegradable waste3
Wastes from anaerobic treatment of waste (19 06)
19 06 04Digestate consisting only of biodegradable waste3
19 06 06Digestate from anaerobic treatment of animal and vegetable waste
Garden and park wastes (including cemetery waste) (20 02)
20 02 01Biodegradable waste
20 02 02Soil and stones
PART II Wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing (02 01)
02 01 99Straw, wood or paper-based bedding waste, slurry or dirty water from stables, zoos, animal parks or livestock markets, animal faeces, urine and manure3
Wastes from the preparation and processing of meat, fish and other foods of animal origin (02 02)
02 02 03Materials unsuitable for consumption or processing consisting of blood and gut contents from abattoirs, poultry preparation plants or fish preparation plants; wash waters and sludges from abattoirs, poultry preparation plants or fish preparation plants; and shells from shellfish processing3
02 03Wastes 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– all wastes under this category
02 04Wastes from sugar processing– all wastes under this category
02 05Wastes from production of dairy products3
02 06Wastes from the baking and confectionery industry – all wastes under this category
02 07Wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) – all wastes under this category
Wastes from pulp, paper and cardboard production and processing (03 03)
03 03 09Lime mud waste
03 03 11Sludges from on-site effluent treatment plants treating only virgin paper wastes which contain no inks3
03 03 99De-inked paper sludge from paper recycling, paper crumble derived from virgin pulp which contains no inks3
Wastes from the leather and fur industry (04 01)
04 01 07Sludges, in particular from on-site effluent treatment free of chromium
Wastes from the textile industry (04 02)
04 02 10Organic matter from natural products (for example grease, wax)
04 02 15Wastes from finishing other than those containing organic solvents
04 02 20Sludges from on-site effluent treatment2
04 02 21Wastes from unprocessed textile fibres
04 02 22Wastes from processed textile fibres
Wastes from the manufacture, formulation, supply and use (MFSU) of acids (06 01)
06 01 99Gypsum3
Wastes from the manufacture, formulation, supply and use of fine chemicals and chemical products not otherwise specified (07 07)
07 07 12Sludges from on site effluent treatment other than those containing dangerous substances
Wastes from power stations and other combustion plants (except wastes from waste management facilities, off site waste water treatment plants and the preparation of water intended for human consumption and water for industrial use) (10 01)
10 01 99Gypsum3
Wastes from manufacture of cement, lime and plaster and articles and products made from them (10 13)
10 13 04Gypsum3
Soil (including excavated soil from contaminated sites), stones and dredging spoil (17 05)
17 05 06Dredging spoil3
Wastes from anaerobic treatment of waste (19 06)
19 06 03Liquor consisting only of biodegradable waste3
19 06 05Liquor from anaerobic treatment of animal and vegetable waste
Wastes from the preparation of water intended for human consumption or water for industrial use (19 09)
19 09 02Sludges from water clarification

(3) The secure storage, at the place where it is to be used, of not more than 1250 tonnes of waste intended to be used in reliance upon the exemption conferred by sub paragraph (1) or (2), provided that—

(a)the waste is stored at a distance of not less than—

(i)10 metres from any inland or coastal waters;

(ii)50 metres from any well, borehole or similar work sunk into underground strata for the purpose of any water supply other than a domestic water supply; and

(iii)250 metres from any well, borehole or similar work sunk into underground strata for the purpose of a domestic water supply; and

(b)no waste is stored to the extent that the volume stored exceeds ninety per cent of the available capacity of the container or lagoon where the storage takes place.

(4) Sub paragraph (1) or (2) applies only if—

(a)no more than 250 tonnes or, in the case of dredgings from inland waters, 5,000 tonnes of waste per hectare are used on the land in any period of 12 months;

(b)in the case of sub-paragraph (1)—

(i)the land to be treated by the waste falls within a single farm; or

(ii)the total land to be treated does not exceed 50 hectares;

(c)in the case of sub-paragraph (2), the land to be treated does not exceed 50 hectares;

(d)the waste to be used has not been mixed with any material which does not itself provide benefit to agriculture or ecological improvement; and

(e)in the case of materials within category 02 02 03 of the European Waste Catalogue, as listed in Part II of Table 2 above, the waste is treated in accordance with F1... 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, [F2as last amended by Council Regulation (EU) 1385/2013.]

(5) In this paragraph and in paragraphs 8 and 50, “domestic water supply” means a supply of water—

(a)for such domestic purposes as consist of or include, cooking, drinking, food preparation or washing; or

(b)for any purposes to premises of a food production undertaking.

(6) In this paragraph, “single farm” means a single agricultural holding including premises and fields associated with it which is managed as one unit for the purposes of the Integrated Administration and Control System for farm support.

(7) In this paragraph and in paragraph 12, “the Integrated Administration and Control System for Farm Support” means the common rules for direct support schemes for farmers established under Council Regulation 73/2009/EC, as that Regulation is amended from time to time.

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