The National Waste Management Plan for Scotland Regulations 2007

Regulation 3(3)(a)

[F1 SCHEDULE 1] S Objectives for the purposes of the national waste management plan

Textual Amendments

F1 Sch. renumbered as sch. 1 (4.12.2020) by The Waste (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/314), regs. 1(1), 5(5)

1.  Ensuring that waste is [F2 managed] without endangering human health and without using processes or methods which could harm the environment and, in particular, without– S

(a) risk to water, air, soil, plants or animals;

(b) causing nuisance through noise or odours;

(c) adversely affecting the countryside or places of special interest.

Textual Amendments

F2 Word in sch. para. 1 substituted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(5)

[F3 1A.   Applying the following waste hierarchy: S

(a) prevention;

(b) preparing for re-use;

(c) recycling;

(d) other recovery, including energy recovery;

(e) disposal

in a way which delivers the best overall environmental outcome. The hierarchy may be departed from for particular types of waste where justified in order to ensure this outcome and by reference to the overall impact of the generation and management of such types of waste.]

Textual Amendments

F3 Sch. para. 1A inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(6)

[F4 1B.   Making use of economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as those listed in Annex IVa of the Waste Directive or other appropriate instruments and measures.] S

Textual Amendments

F4 Sch. 1 para. 1B inserted (4.12.2020) by The Waste (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/314), regs. 1(1), 5(6)(a)

[F5 2.   Establishing an integrated and adequate network of waste disposal installations and of installations for the recovery of all mixed municipal waste which includes waste collected from private households, taking into account best available techniques.] S

Textual Amendments

F5 Sch. para. 2 substituted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(7)

3.  Ensuring that the network referred to in paragraph 2 enables– S

(a) [F6 Scotland to move towards the aim of becoming] self-sufficient in waste disposal [F7 and in the recovery of the municipal waste referred to in paragraph 2,] F8 ... taking into account geographical circumstances or the need for specialised installations for certain types of waste; and

(b) waste to be disposed of [F9 , and the municipal waste referred to in paragraph 2 to be recovered,] in one of the nearest appropriate installations, by means of the most appropriate methods and technologies in order to ensure a high level of protection for the environment and public health.

Textual Amendments

F6 Words in sch. para. 3(a) substituted (31.12.2020) by virtue of The Environment (EU Exit) (Scotland) (Amendment etc.) (No. 2) Regulations 2019 (S.S.I. 2019/436), regs. 1, 4(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in sch. para. 3(a) inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(8)(a)

F8 Words in sch. para. 3(a) omitted (31.12.2020) by virtue of The Environment (EU Exit) (Scotland) (Amendment etc.) (No. 2) Regulations 2019 (S.S.I. 2019/436), regs. 1, 4(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in sch. para. 3(b) inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(8)(b)

4.  Encouraging the prevention or reduction of waste production and its harmfulness, in particular by– S

(a) the development of clean technologies more sparing in their use of natural resources;

[F10 (aa) reducing the quantity of waste produced through the re-use of products or the extension of their life spans;]

(b) the technical development and marketing of products designed so as to make no contribution or to make the smallest possible contribution, by the nature of their manufacture, use or final disposal, to increasing the amount of harmfulness of waste and pollution hazards; and

(c) the development of appropriate techniques for the final disposal of dangerous substances contained in waste destined for recovery.

Textual Amendments

F10 Sch. para. 4(aa) inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(9)

[F11 4A.   Promoting the F12 ... preparation of products for re-use [F13 activities], in particular and where appropriate by—

(a) encouraging the establishment of and supporting [F14 preparation for] re-use and repair networks;

[F15 (aa) encouraging and facilitating, where compatible with proper waste management, the access of preparing for re-use and repair networks to waste held by collection schemes or facilities that can be prepared for re-use but is not destined for preparing for re-use by those schemes or facilities,]

(b) use of economic incentives;

(c) use of procurement criteria; and

(d) use of quantitative objectives.

Textual Amendments

F11 Sch. paras. 4A, 4B inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(10)

F12 Words in sch. 1 para. 4A omitted (4.12.2020) by virtue of The Waste (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/314), regs. 1(1), 5(6)(b)(i)

F13 Word in sch. 1 para. 4A inserted (4.12.2020) by The Waste (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/314), regs. 1(1), 5(6)(b)(ii)

F14 Words in sch. 1 para. 4A(a) inserted (4.12.2020) by The Waste (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/314), regs. 1(1), 5(6)(b)(iii)

F15 Sch. 1 para. 4A(aa) inserted (4.12.2020) by The Waste (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/314), regs. 1(1), 5(6)(b)(iv)

4B.   Encouraging—

(a) the separate collection of bio-waste with a view to its composting and digestion;

(b) the treatment of bio-waste in a way that fulfils a high level of environmental protection; and

(c) the use of environmentally safe materials produced from bio-waste.]

Textual Amendments

F11 Sch. paras. 4A, 4B inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 5(10)

5.  Encouraging– S

(a) the recovery of waste by means of recycling, reuse or reclamation or any other process with a view to extracting secondary raw materials; and

(b) the use of waste as a source of energy.

(a)

Regulation 3(3)(zaa)

[F16 SCHEDULE 2 S Waste prevention measures

Textual Amendments

F16 Sch. 2 inserted (4.12.2020) by The Waste (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/314), regs. 1(1), 5(7)

1.   The waste prevention measures referred to in regulation 3(3)(zaa) are measures to— S

(a) promote and support sustainable production and consumption models,

(b) encourage the design, manufacturing and use of products that are resource-efficient, durable (including in terms of life span and absence of planned obsolescence), reparable, re-usable and upgradable,

(c) target products containing critical raw materials to prevent those materials from becoming waste,

(d) encourage the re-use of products and the setting up of systems promoting repair and re-use activities, including in particular for—

(i) electrical and electronic equipment,

(ii) textiles,

(iii) furniture,

(iv) packaging, and

(v) construction materials and products,

(e) encourage, as appropriate and without prejudice to intellectual property rights, the availability of spare parts, instruction manuals, technical information, or other instruments, equipment or software enabling the repair and re-use of products without compromising their quality and safety,

(f) reduce waste generation in processes related to industrial production, extraction of minerals, manufacturing, construction and demolition, taking into account best available techniques,

(g) reduce the generation of food waste in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services as well as in households,

(h) encourage food donation and other redistribution for human consumption, prioritising human use over animal feed and the reprocessing into non-food products,

(i) promote the reduction of the content of hazardous substances in materials and products,

(j) reduce the generation of waste, in particular waste that is not suitable for preparing for re-use or recycling,

(k) identify products that are the main sources of littering and take appropriate measures to prevent and reduce litter from such products,

(l) aim to halt the generation of marine litter,

(m) develop and support information campaigns to raise awareness about waste prevention and littering,

(n) promote selective demolition in order to enable removal and safe handling of hazardous substances and facilitate re-use and high-quality recycling by selective removal of materials, and to ensure the establishment of sorting systems for construction and demolition waste at least for wood, mineral fractions (concrete, bricks, tiles and ceramics, stones), metal, glass, plastic and plaster.]