The Landfill (Scotland) Regulations 2003

Interpretation S

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;

“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 any battery excluded from the scope of the Batteries Directive by Article 2(2) of that Directive;]

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

[F3 “European Waste Catalogue” means the list of wastes set out in Commission Decision 2000/532/EC establishing a list of wastes, as that instrument may be amended from time to time;]

[F4 “hazardous waste” means any waste which is to be considered as hazardous waste under Articles 3(2) and 7 of the Waste Directive;]

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

[F5 “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);

[F6 “Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, 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 [F7 the 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;

[F8 “Mercury Regulation” means Regulation (EC) No 1102/2008 of the European Parliament and of the Council on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury;]

“municipal waste” means waste from households as well as other waste which because of its nature or composition is similar to waste from households;

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

“operator” has the meaning given by regulation 2(1) of [F7 the 2012 Regulations];

[F9 “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”[F10 , 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;

[F11 “waste” means anything that is waste within the meaning of Article 3(1) of the Waste Directive;]

[F12 “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives, as amended by Commission Regulation (EU) No 1357/2014 replacing Annex III to Directive 2008/98/EC;]

“waste management licence” means a waste management licence within the meaning of Part II of the Environmental Protection Act 1990F13 ...

[F14 (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.]

[F15 (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

F1 Words 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)

F2 Words 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)

F3 Words 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)

F4 Words in reg. 2(1) substituted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), reg. 1(1), Sch. para. 10(b)

F5 Words 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)

F6 Words in reg. 2(1) inserted (1.8.2013) by The Landfill (Scotland) Amendment Regulations 2013 (S.S.I. 2013/222), regs. 1, 2(2)(a)(i)

F7 Words 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)(b) (with reg. 71)

F8 Words in reg. 2(1) inserted (1.8.2013) by The Landfill (Scotland) Amendment Regulations 2013 (S.S.I. 2013/222), regs. 1, 2(2)(a)(ii)

F9 Words 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)(c) (with regs. 8-10)

F10 Words 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)(d) (with regs. 8-10)

F11 Words in reg. 2(1) substituted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), reg. 1(1), Sch. para. 10(c)

F12 Words 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(b)

F13 Words in reg. 2(1) omitted (1.8.2013) by virtue of The Landfill (Scotland) Amendment Regulations 2013 (S.S.I. 2013/222), regs. 1, 2(2)(a)(iii)

F14 Reg. 2(1A) inserted (6.7.2009) by The Waste Batteries (Scotland) Regulations 2009 (S.S.I. 2009/247), art. 1(1), reg. 7(3) (with regs. 8-10)

F15 Reg. 2(1B) inserted (1.8.2013) by The Landfill (Scotland) Amendment Regulations 2013 (S.S.I. 2013/222), regs. 1, 2(2)(b)