The Waste Management Licensing Amendment (Scotland) Regulations 2006

Amendment of the Waste Management Licensing Regulations 1994

7.  For regulation 18A substitute–

“Registration obligations

18A.— (1) The obligations described in paragraph (2) (“the registration obligations”) shall apply to establishments or undertakings whose particulars are entered into the register in relation to an exempt activity falling within paragraphs 7, 8(2), 9, 10, 12, 19, 42, 46 and 47 of Schedule 3, to the extent specified in paragraph (2).

(2) (a) Except in the case of an exempt activity falling within paragraph 46 of Schedule 3, at least 21 days' written notice of the date on which the exempt activity is first to be carried on shall be given to the appropriate registration authority unless this information was provided in the notice or renewal notice given under regulation 18.

(b) Records shall be kept of the quantity, nature, origin, destination and method of recovery or disposal of all waste used in reliance upon an exempt activity falling within the following descriptions–

(i) paragraphs 7, 8(2), 10 and 46;

(ii) paragraphs 9 and 19 where the volume of waste used exceeds 2,500 cubic metres;

(iii) paragraph 12 where the volume of waste used exceeds 10 tonnes per annum.

(c) Records kept under sub paragraph (b) of this regulation shall be kept for a period of at least 2 years and shall be submitted to or made available to the appropriate registration authority on request.

(3) A person who carries on an exempt activity–

(a) in breach of the registration obligations;

(b) in breach of any of the conditions or limitations stipulated in the paragraph of Schedule 3 in respect of which the activity has been registered; or

(c) in breach of the requirements of regulation 17(3), (4), (5) or (6),

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.”.