The National Waste Management Plan for Scotland Regulations 2007

PART 1 S General

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the National Waste Management Plan for Scotland Regulations 2007 and come into force on the day after the day on which they are made.

(2) These Regulations extend to Scotland only.

Interpretation S

2.  In these Regulations–

“the 1990 Act” means the Environmental Protection Act 1990 M1 ;

[F1 “best available techniques” has the meaning given in Article 2(2), as read with Article 2(3), of Decision 2012/134/EU establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass,]

[F2 “hazardous waste” means any waste which is “special waste” as defined in regulation 2 of the Special Waste Regulations 1996,]

[F3 “the Landfill Capacity Report” means the document “Landfill Capacity Report for Scotland, 2008” published by SEPA in 2010;]

[F3 “the National Capacity Report” means the document “National Waste Capacity Report for Scotland 2008” published by SEPA in November 2009;]

“the National Planning Framework” means the document “the National Planning Framework for Scotland” published by the Scottish Executive on 1 April 2003 M2 ;

F4 ...

“national waste management plan” means the plan mentioned in regulation 3(1);

F4 ...

“the Packaging Waste Directive” means the European Parliament and Council Directive 94/62/EC of 20th December 1994 on packaging and packaging wasteM3 [F5 , as last amended by [F6 Directive (EU) 2018/852] of the European Parliament and of the Council,];

“Planning Advice Note 63” means the document “Planning Advice Note (PAN) 63 – Waste Management Planning” published by the Scottish Executive in February 2002 M4 ;

“public consultees” means the persons to whose attention proposals for the national waste management plan are brought by the Scottish Ministers pursuant to regulation 6(1)(b);

[F7 “Scottish Planning Policy” means the statement of the Scottish Government's policy on important land use planning matters published in February 2010;]

[F7 “Scotland” includes the Scottish marine area as defined in section 1 of the Marine (Scotland) Act 2010;]

“SEPA” means the Scottish Environment Protection Agency; F8 ...

[F9 “ the Special-Hazardous Waste Data Summary” means the documents “Special waste consigned 2002-2006”; “Special waste recovered 2002-2006” and “Special waste disposed 2002-2006”, all published by SEPA in 2008;

“the Waste Data Digest” means the document “Waste Data Digest 10: Key facts and trends” published by SEPA in 2010;

“the Waste Statistics Regulation Scotland Report” means the document “EU Waste Statistics Regulation Scotland Report 2006” published by SEPA in November 2008; and

“Zero Waste Plan” means the document “Scotland's zero waste plan” published by the Scottish Government in June 2010.]

Textual Amendments

F1 Words in reg. 2(1) inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) (No. 2) Regulations 2019 (S.S.I. 2019/436), regs. 1, 4(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 2(1) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) (No. 2) Regulations 2019 (S.S.I. 2019/436), regs. 1, 4(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 2 inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(2)(c)

F4 Words in reg. 2 omitted (27.3.2011) by virtue of The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(2)(a)

F5 Words in reg. 2 inserted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 14(2)

F6 Words in reg. 2 substituted (4.12.2020) by The Waste (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/314), regs. 1(1), 5(2)

F7 Words in reg. 2 inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(2)(d)

F8 Word in reg. 2 omitted (27.3.2011) by virtue of The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(2)(e)

F9 Words in reg. 2 substituted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(2)(f)

Marginal Citations

M1 1990 c. 43.

M2 ISBN 0-7 559-4195-0.

M3 O.J. No. L 365, 31.12.1994, p.10; as amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council (O.J. No. L 284, 31.10.2003, p.1), Directive 2004/12/EC of the European Parliament and of the Council (O.J. No. L 47, 18.2.2004, p.26) and Directive 2005/20/EC of the European Parliament and of the Council (O.J. No. L 70, 16.03.2005, p.17).

M4 ISBN 0 7559 3330 3.

[F10 Interpretation: the Waste Directive S

2A.   In these Regulations—

[F11 (a) “the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives, [F12 as last amended by [F13 Directive (EU) 2018/851 of the European Parliament and of the Council], and]]

(b) other expressions used in the Waste Directive have the same meanings as in that Directive.]

Textual Amendments

F10 Reg. 2A inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(3)

F11 Reg. 2A(a) substituted (1.7.2016) by The Waste (Meaning of Recovery) (Miscellaneous Amendments) (Scotland) Order 2015 (S.S.I. 2015/438), arts. 1, 4

F12 Words in reg. 2A(a) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 14(3)

F13 Words in reg. 2A(a) substituted (4.12.2020) by The Waste (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/314), regs. 1(1), 5(3)

PART 2 S National waste management plan for Scotland

National waste management plan for Scotland S

3.—(1) The Scottish Ministers must have a national waste management plan containing their policies in relation to [F14 waste prevention, preparation for re-use and waste management] in Scotland.

(2) The national waste management plan or any modification of it must [F15 include]–

(a) a statement which relates to the whole of Scotland; or

(b) two or more statements which together relate to the whole of Scotland.

(3) The national waste management plan or any modification of it must include–

[F16 (aza) an analysis of the current waste management situation, including existing waste collection schemes and major disposal and recovery installations;

(azb) a description of measures to be taken to improve environmentally sound preparing for re-use, recycling, recovery and disposal of waste;

(azc) the matters listed in Article 28(3) of the Waste Directive;]

(a) a statement of the Scottish Ministers' policies for attaining the objectives specified in [F17 schedule 1] to these Regulations;

[F18 (zaa) a statement of the Scottish Ministers’ policies for attaining, as a minimum, the waste prevention measures set out in schedule 2 of these Regulations,]

[F19 (aa) in pursuance of the objectives and provisions of the Waste Directive, an evaluation of how the plan will support the implementation of those objectives and provisions; and]

(b) in pursuance of the objectives and measures referred to in the Packaging Waste Directive, a chapter on the management of packaging and packaging waste, including measures taken pursuant to Articles 4 and 5 of that Directive; F20 ...

F21 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22 (d) targets for—

(i) achieving an increase in the preparing for re-use and the recycling of waste materials such as at least paper, metal, plastic and glass from households and other similar waste streams,

(ii) achieving an increase in the preparing for re-use, recycling and other material recovery, including backfilling operations using waste to substitute other materials, of non-hazardous construction and demolition waste (excluding naturally occurring material defined in category 17 05 04 in the list of wastes established by Commission Decision 2000/532/EC, and

(iii) achieving an increase in preparing for re-use and recycling of municipal waste,

(e) a statement of the Scottish Ministers’ policies for achieving the targets specified in paragraph (d).]

[F23 (3A) The Scottish Ministers must have regard to the following when preparing the national waste management plan or any modification of it relating to litter prevention—

(a) any plan made in accordance with section 5 of the Marine Scotland Act 2010,

(b) any plan made in accordance with section 10 of the Water Environment and Water Services (Scotland) Act 2003.]

(4) The Scottish Ministers [F24 must review the national waste management plan at least once every six years and] may from time to time modify the national waste management plan.

(5) In preparing the national waste management plan, or any modification of it, the Scottish Ministers must consult–

(a) SEPA;

(b) Scottish Natural Heritage;

(c) such bodies or persons appearing to them to be representative of the interests of local government and industry respectively as they think fit; and

(d) such other persons as they think fit.

[F25 (6) The following documents form part of the national waste management plan:—

(a) Zero Waste Plan;

(b) the waste management policies set out in Scottish Planning Policy, the National Planning Framework and Planning Advice Note 63;

(c) the Landfill Capacity Report;

(d) the National Capacity Report;

(e) the Special-Hazardous Waste Data Summary;

(f) the Waste Data Digest; and

(g) the Waste Statistics Regulation Scotland Report.]

Textual Amendments

F14 Words in reg. 3(1) substituted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(4)(a)

F15 Word in reg. 3(2) substituted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(4)(b)

F16 Reg. 3(3)(aza)-(azc) inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(4)(c)

F17 Words in reg. 3(3)(a) substituted (4.12.2020) by The Waste (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/314), regs. 1(1), 5(4)(a)(i)

F18 Reg. 3(3)(zaa) inserted (4.12.2020) by The Waste (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/314), regs. 1(1), 5(4)(a)(ii)

F19 Reg. 3(3)(aa) inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(4)(d)

F20 Word in reg. 3(3) omitted (27.3.2011) by virtue of The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(4)(e)

F21 Reg. 3(3)(c) omitted (27.3.2011) by virtue of The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(4)(f)

F22 Reg. 3(3)(d)(e) inserted (4.12.2020) by The Waste (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/314), regs. 1(1), 5(4)(a)(iii)

F23 Reg. 3(3A) inserted (4.12.2020) by The Waste (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/314), regs. 1(1), 5(4)(b)

F24 Words in reg. 3(4) inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(4)(g)

F25 Reg. 3(6) substituted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(4)(h)

Directions to SEPA S

4.—(1) Without prejudice to any power to give directions conferred by section 40 of the Environment Act 1995 M5 , the Scottish Ministers may give directions to SEPA requiring it–

(a) to advise them on the policies which are to be included in the national waste management plan or any modification of it;

(b) to carry out a survey or investigation into any other matter in connection with the Scottish Ministers' preparation of that plan or any modification of it and to report its findings to them;

(c) to provide such other advice and assistance as Ministers consider appropriate as regards the promotion, development, implementation, monitoring and review of that plan or any modification of it.

(2) A direction under paragraph (1)(b)–

(a) must specify or describe the matters or the areas which are to be the subject of the survey or investigation;

(b) may specify bodies or persons to be consulted before carrying out the survey or investigation; and

(c) may make provision in relation to the manner in which–

(i) the survey or investigation is to be carried out, or

(ii) the findings are to be reported or made available.

(3) Where a direction is given under paragraph (1)(b), SEPA may also consult any body or person that it considers appropriate but is not specified in the direction.

(4) SEPA must make its findings available to any bodies or persons it consults.

Marginal Citations

M5 1995 c. 25.

PART 3 S Procedures for the preparation or modification of the national waste management plan

Application of this Part S

5.—(1) This Part applies to the modification of the national waste management plan as it applies to the preparation of such a plan.

(2) This Part does not apply to–

(a) a national waste management plan or any part of such a plan designed for the sole purpose of serving national defence or civil emergencies; or

(b) a national waste management plan for which a public participation procedure is carried out under the Environmental Assessment (Scotland) Act 2005 M6 .

Marginal Citations

M6 asp 15.

Public participation procedures S

6.—(1) As soon as reasonably practicable after preparing proposals for the national waste management plan or its modification the Scottish Ministers must–

(a) send a copy of the proposals to the persons or bodies mentioned in regulation 3(5);

(b) take such steps as they consider appropriate to bring the proposals to the attention of the persons who in their opinion–

(i) are affected by,

(ii) are likely to be affected by; or

(iii) have an interest in,

the plan;

(c) inform the public consultees of the address (which may include a website)–

(i) at which a copy of the proposals may be viewed,

(ii) from which a copy of the proposals may be obtained;

(d) invite the persons or bodies mentioned in regulation 3(5) and the public consultees to express their opinion on the proposals, specifying the address to which, and the period within which, opinions must be sent.

(2) The period referred to in paragraph (1)(d) must be of such length as will ensure that the persons or bodies mentioned in regulation 3(5) and the public consultees are given an early and effective opportunity to express their opinion on the proposals.

(3) During the period referred to in paragraph (1)(d), the Scottish Ministers must keep a copy of the proposals for inspection by the public at all reasonable times free of charge.

(4) Nothing in paragraph (1)(c) requires the Scottish Ministers to provide copies free of charge; but where a charge is made, it must be of a reasonable amount.

Procedures following public participation S

7.—(1) Before decisions on the national waste management plan or its modification are made the Scottish Ministers must take account of any opinions expressed in accordance with regulation 6(1)(d).

(2) As soon as reasonably practicable after making decisions on the national waste management plan the Scottish Ministers must–

(a) inform–

(i) the persons or bodies mentioned in regulation 3(5), and

(ii) the public consultees,

of the matters set out in paragraph (3);

(b) take such steps as they consider appropriate to bring the matters in paragraph (3) to the attention of the public;

(c) if they have adopted the national waste management plan, make a copy of the plan available for inspection by the public at all reasonable times and free of charge.

(3) The matters are–

(a) the decisions made by the Scottish Ministers on the national waste management plan;

(b) the reasons and considerations upon which those decisions are based; and

(c) information about the public participation procedures.

PART 4 S Consequential repeals and amendments

Consequential repeals and amendments S

8.—(1) In the 1990 Act–

(a) section 44B of, and Schedule 2A to, that Act M7 are repealed; and

(b) in section 44ZA M8 –

(i) in subsection (2)(a), for “the National Waste Strategy” substitute “ national waste management plan ”; and

(ii) in subsection (6), for the definition of “National Waste Strategy” there is substituted the following definition–

““national waste management plan” means the plan mentioned in regulation 3(1) of the National Waste Management Plan for Scotland Regulations 2007 (S.S.I. 2007/251), however constituted at the time and as modified from time to time.”.

(2) In Part I of Schedule 4 to the Waste Management Licensing Regulations 1994 M9 (waste framework directive etc.)–

(a) in paragraph 1, in the definition of “plan-making provisions”,

(i) omit “section 44B of that Act”, and

(ii) substitute “ the National Waste Management Plan for Scotland Regulations 2007 (S.S.I. 2007/ 251) ”; and

(b) in paragraph 3, in Table 5–

(i) in the first column of the second row of that table, at the end insert “ or the Scottish Ministers ”, and

(ii) in the second column of the second row of that table–

(aa) omit “or 44B”, and

(bb) at the end insert “ and preparing the national waste management plan, or any modification of it, in accordance with the National Waste Management Plan for Scotland Regulations 2007 (S.S.I. 2007/251) ”.

Marginal Citations

M7 1990 c. 43. Section 44B and Schedule 2A were inserted into the 1990 Act by section 92(1) of the Environment Act 1995 (c. 25).

M8 Section 44ZA was inserted into the 1990 Act by section 34(1) of the Local Government in Scotland Act 2003 (asp 1).

M9 S.I. 1994/1056; the definition of “plan-making provisions” has been amended by paragraph 10(5)(a) of Schedule 2 to S.I. 1996/593.

ROSS FINNIE

A member of the Scottish Executive

St Andrew's House,

Edinburgh