The Waste Management Licensing (Scotland) Regulations 2011

Relevant objectives S

6.—(1) For the purposes of this Schedule, the following objectives are the relevant objectives in relation to waste management—

(a) ensuring that waste is managed without endangering human health and without using processes or methods which could harm the environment and in particular without—

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

(ii) causing nuisance through noise or odours; or

(iii) adversely affecting the countryside or places of special interest;

(b) where necessary to facilitate or improve [F1 preparing for re-use, recycling or other recovery operations], ensuring that different types of waste are collected separately and are not mixed with other waste or other material with different properties; and

(c) implementing any plan made under the plan-making provisions.

(2) Applying the following waste hierarchy in the manner set out in sub-paragraph (3) is a relevant objective in relation to waste prevention, preparation for re-use and management—

(a) waste prevention;

(b) preparing for re-use;

(c) recycling;

(d) other recovery, including energy recovery;

(e) disposal.

(3) The hierarchy is to be applied 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.

(4) The following additional objectives are relevant objectives in relation to the recovery and disposal of waste—

(a) establishing an integrated and adequate network of waste disposal installations and installations for the recovery of all mixed municipal waste which includes waste collected from private households, taking into account best available techniques;

(b) ensuring that the network referred to at paragraph (a) enables—

(i) the [F2 European Union] as a whole to become self-sufficient in waste disposal, and in the recovery of the municipal waste referred to in paragraph (a), and the Member States individually to move towards that aim, taking into account geographical circumstances or the need for specialised installations for certain types of waste; and

(ii) waste to be disposed of, and the municipal waste referred to in paragraph (a) 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.

(5) The following further objectives are relevant objectives in relation to functions under the plan-making provisions—

(a) encouraging the prevention or reduction of waste production and its harmfulness, in particular by—

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

(ii) reducing the quantity of waste produced through the re-use of products or the extension of their life spans;

(iii) 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 or harmfulness of waste and pollution hazards; and

(iv) the development of appropriate techniques for the final disposal of dangerous substances contained in waste destined for recovery; and

(b) encouraging—

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

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

Textual Amendments

F1 Words in sch. 4 para. 6(1)(b) substituted (4.12.2020) by The Waste (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/314), regs. 1(1), 7(4)(b)

F2 Word in sch. 4 para. 6 substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6