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The Pollution Prevention and Control (Scotland) Regulations 2012
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The Pollution Prevention and Control (Scotland) Regulations 2012, PART 1 is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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PART 1SPUBLIC GENERAL ACTS
The Environmental Protection Act 1990S
1.—(1) The 1990 Act is amended in accordance with sub-paragraphs (2) to (5).
(2) In section 6 (authorisations: general provisions), for subsections (6A) and (6B) substitute—
“(6A) Subsection (6) does not require a review of the conditions of an authorisation to be carried out if the prescribed process covered by the authorisation is—
(a)a Part A activity,
(b)a Part B activity,
(c)a solvent emission activity, or
(d)carried out using mobile plant.
(6B) In subsection (6A), “Part A activity”, “Part B activity”, “solvent emission activity” and “mobile plant” have the meanings given in the Pollution Prevention and Control (Scotland) Regulations 2012.”.
(3) In section 34(1) (duty of care etc. as respects waste), for paragraph (aa) substitute—
“(aa)to prevent a contravention by any other person of regulation 11 of the Pollution Prevention and Control (Scotland) Regulations 2012, or of a condition of a permit granted under those Regulations;”.
(4) In section 35(11A)(waste management licences: general), for “license” substitute “ licence ”.
(5) In section 78YB (2C) (interaction of this Part with other enactments), for the definition of “enforcement action” substitute—
““enforcement action” means action under regulation 55 (SEPA: enforcement notices) or regulation 57(2) (SEPA: power to prevent or remedy pollution) of the Pollution Prevention and Control (Scotland) Regulations 2012.”.
The Environment Act 1995S
2.—(1) The 1995 Act is amended in accordance with sub-paragraph (2).
(2) In Schedule 20 (delegation of appellate functions of the Secretary of State), for paragraph 4(3)(d) substitute—
“(d)regulation 66 of the Pollution Prevention and Control (Scotland) Regulations 2012, or”.
The Antisocial Behaviour etc. (Scotland) Act 2004S
3.—(1) The Antisocial Behaviour etc. (Scotland) Act 2004 M1 is amended in accordance with sub-paragraph (2).
(2) In Schedule 2, omit paragraph 7 (the Pollution Prevention and Control (Scotland) Regulations 2000 (S.S.I. 2000323)).
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