The Environmental Authorisations (Scotland) Amendment Regulations 2025

Regulation 9(2)

SCHEDULE 2 NEW SCHEDULE 11 TO BE INSERTED INTO THE 2018 REGULATIONS

Regulation 6(1)

“SCHEDULE 11 WASTE MANAGEMENT ACTIVITIES

PART 1 Scope

Scope

1.— (1) This schedule applies to all waste management activities,

(2) Paragraph 2 applies for the interpretation of—

(a) this schedule,

(b) schedule 9,

(c) schedules 12 -18,

(d) schedule 22, and

(e) the definition of waste management activity.

2.— (1) “Waste management activity” includes, but is not limited to—

(a) landfill activities,

(b) incineration or co-incineration of solid and liquid waste at a waste incineration or co-incineration plant,

(c) recovery of waste by application to land for the purpose of soil improvement,

(d) management of the following types of waste—

(i) waste motor vehicles,

(ii) waste electrical and electronic equipment,

(iii) batteries.

(2) “Waste management activity” does not include—

(a) the transport of waste between different places within the same premises,

(b) the operation of an extractive waste area or waste facility as defined in regulation 2 of the Management of Extractive Waste (Scotland) Regulations 2010(1).

PART 2 Amendments to common framework provisions

Duty on SEPA: waste hierarchy

3.— (1) SEPA must take the waste hierarchy aim into account when carrying out a relevant function contained in sub-paragraph (5) to the extent that the function relates to a waste management activity.

(2) The waste hierarchy aim is that all appropriate measures are taken to apply the following waste hierarchy in the manner set out in sub-paragraph (3)—

(a) waste prevention,

(b) preparing for re-use,

(c) recycling,

(d) other recovery, including energy recovery,

(e) disposal.

(3) The waste hierarchy is to be applied in a way which—

(a) delivers the best overall environmental outcome,

(b) takes account of—

(i) the environmental principles of precaution and sustainability,

(ii) technical feasibility,

(iii) economic viability,

(iv) the protection of resources, including reducing overall impacts of resource use and improving efficiency of such use,

(v) the overall environmental, human health and social impacts.

(4) The waste hierarchy may be departed from for particular types of waste where justified in order to ensure the best overall environmental outcome is delivered, and by reference to—

(i) the measures available to the authorised person in the circumstances,

(ii) the overall impact of the generation and management of such types of waste.

(5) The relevant functions are—

(a) specification of permit conditions under regulation 22(1)(c), (3) and (4),

(b) determination and revision of standard conditions under regulation 33.

Duty on SEPA: inspections

4.— (1) SEPA must carry out appropriate periodic inspections in relation to waste management activities authorised under these Regulations.

(2) Inspections concerning the collection and transport of waste must cover the origin, nature, quantity and destination of the waste collected and transported.

Authorisations: waste treatment

5.— (1) SEPA must only authorise waste treatment activities by permit or registration unless paragraph (2) applies.

(2) This sub-paragraph applies to the authorisation of the following waste treatment activities—

(a) disposal of a person’s own non-hazardous waste at the place of production,

(b) recovery of waste.

(3) SEPA must ensure that a permit or registration for waste treatment activities includes conditions specifying—

(a) the types and quantities of waste that may be treated,

(b) for each type of activity authorised, technical and any other requirements relevant to the site concerned,

(c) the safety and precautionary measures to be taken,

(d) the treatment method to be used for each type of operation,

(e) such monitoring and control operations as SEPA considers necessary,

(f) such closure and after-care provisions as SEPA considers necessary.

(4) SEPA must refuse an application for an authorisation for the treatment of waste if SEPA considers that the intended method of treatment would give rise to significant environmental harm.

Authorisations: record-keeping

6.— (1) SEPA must ensure that the authorisations in sub-paragraph (2) include such conditions as it considers appropriate to ensure that records of the following are kept—

(a) the quantity, nature and origin of waste,

(b) the quantity of products and materials resulting from preparing for re-use, recycling and other recovery operations,

(c) where SEPA considers it to be relevant, the destination, frequency of collection, mode of transport and treatment method anticipated in respect of the waste.

(2) The authorisations are—

(a) permits and registrations for the treatment of waste,

(b) authorisations which authorise the collection or transportation of hazardous waste,

(c) authorisations for brokers and dealers of hazardous waste.

(3) Records must be kept for—

(a) 12 months by authorised persons who transport hazardous waste, and in relation to permits and authorisations for waste treatment under paragraph 5 of this schedule,

(b) 3 years in relation to all other authorisations for hazardous waste.”

(1)

S.S.I. 2010/60, to which there are no relevant amendments.