The Waste Management Licensing Amendment (Scotland) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations re-enact regulations 17, 18 and 18A of, and Schedules 3 and 3A to, the Waste Management Licensing Regulations 1994 (“the 1994 Regulations”), with amendments. They also amend regulation 17A of the 1994 Regulations. These provisions concern exemptions from waste management licensing (“exempt activities”).

These Regulations transpose the requirements of Articles 4 and 11 of the Waste Framework Directive (formerly Directive 75/442/EEC (O.J. No. L 194, 25.07.1975, p.39), and now consolidated as Directive 2006/12/EC (O.J. No. L 114, 27.04.2006, p.21)), and Article 3 of the Hazardous Waste Directive (91/689/EC as amended by Council Directive 94/31/EC and Regulation (EC) No. 166/2006 of the European Parliament and of the Council). The Regulations also implement Commission Decision 2000/532/EC (as amended by Commission Decision 2001/118/EC, Commission Decision 2001/119/EC and Commission Decision 2001/573/EC) establishing a list of wastes pursuant to Article 1(a) of the Waste Framework Directive and Article 1(4) of the Hazardous Waste Directive. The list of wastes contained within that Decision is known as the European Waste Catalogue.

Regulations 3 to 9 amend the 1994 Regulations.

Regulation 3 amends regulation 1 of the 1994 Regulations by inserting definitions of “co-incineration”, “co-incineration plant”, “incineration”, “incineration plant” and “WEEE”.

Regulation 4 re-enacts regulation 17 of the 1994 Regulations with drafting and minor amendments. Regulation 17 disapplies the requirement for a waste management licence for the purposes of section 33(1)(a) and (b) of the Environmental Protection Act 1990 in the case of exempt activities as set out in Schedule 3 to the 1994 Regulations.

Regulation 5 amends regulation 17A of the 1994 Regulations to provide that the deemed authorisation, for the purposes of regulation 5 of the Water Environment (Controlled Activities) (Scotland) Regulations 2005, of an exempt activity which is a controlled activity, does not apply to exempt activities involving the construction, alteration or operation of impounding works in bodies of surface water; building, engineering or other works in, or in the vicinity of, any body of inland surface water; or to activities associated with such activities.

Regulation 6 re-enacts regulation 18 of the 1994 Regulations with drafting and minor amendments. Regulation 18 makes provision for registration of exempt activities. The amendment also makes provision for registration requirements for new exempt activities as contained in paragraphs 42 and 47 of Schedule 3 to the 1994 Regulations.

Regulation 7 re-enacts regulation 18A of the 1994 Regulations with drafting and minor amendments. Regulation 18A makes provision for registration obligations in connection with certain exempt activities, including the new activities in paragraphs 42 and 47 of Schedule 3 to the 1994 Regulations.

Regulation 8 substitutes a new Schedule 3 into the 1994 Regulations. This is contained in Schedule 1 to these Regulations. Schedule 3 describes the activities which are exempt from waste management licensing requirements. In addition to drafting and minor amendments, Schedule 1 makes some changes of substance, including:

• The omission of the exempt activities formerly contained in paragraphs 2 (operation of a scrap metal furnace under an authorisation under Part I of the Environmental Protection Act 1990), 16 (activities authorised by a licence under article 7 or 8 of the Diseases of Animals (Waste Food) Order 1973), 28 (storage of returned goods), 42 (activities involving scrap metal or waste motor vehicles authorised under Part I of the Control of Pollution Act 1974) and 43 (activities not requiring a disposal licence under the Control of Pollution Act 1974) of Schedule 3 to the 1994 Regulations;

• The addition of new exemptions to Schedule 3 for the following activities: the recovery of fuel from waste vegetable oils for use in certain engines (paragraph 5(4)-(6)); the repair or refurbishment of waste goods (paragraph 14(2)); the use of compacted and securely baled tyres in engineering works (paragraph 16); the use of autoclaves to sterilise waste (paragraph 28); the disposal of pesticide solution or washings in a lined biobed, and the recovery and reuse of liquid and material from a biobed (paragraph 42); the crushing of waste gas discharge lamps for the purposes of volume reduction prior to collection (paragraph 43); the repair, refurbishment and storage of waste electronic and electrical equipment (“WEEE”) (paragraphs 47 and 48).

Regulation 9 substitutes a new Schedule 3A into the 1994 Regulations. This is contained in Schedule 2 to these Regulations. Part 1 of Schedule 3A lists the plans and documents which are required for the registration of certain exempt activities. In addition to drafting and minor amendments, provision is made for the new exempt activities in paragraphs 42 and 47 of Schedule 3 to the 1994 Regulations. Part 2 of Schedule 3A describes how benefit to agriculture or ecological improvement is to be assessed and has been amended to extend this to the activities mentioned in paragraphs 25 and 42 of Schedule 3 to the 1994 Regulations.

Regulation 10 amends the definition of “environmental licence” in section 56(1) of the Environment Act 1995 to extend the powers of SEPA, as the waste regulation authority under the 1994 Regulations, to charge by virtue of a scheme under section 41 of the 1995 Act for the registration of certain exempt activities.

Regulations 11 and 12 contain transitional arrangements in relation to the continued carrying out of activities which will either require a relevant waste management licence or registration as exempt activities under the 1994 Regulations as amended by these Regulations.