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The Environmental Regulation (Relevant Offences) (Scotland) Order 2014

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The Environmental Protection Act 1990

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2.  An offence under any of the following provisions of the Environmental Protection Act 1990(1)—

(a)section 33(6) (unauthorised or harmful depositing, treatment or disposal etc. of waste; breaching conditions of a waste management licence)(2);

(b)section 59(5) (failure to comply with a notice requiring removal of waste);

(c)section 63(2) (offences in relation to depositing waste other than controlled waste);

(d)section 78M(1) (failure to comply with a remediation notice)(3).

(2)

Section 33 was relevantly amended by S.S.I. 2009/247 and S.S.I. 2011/226.

(3)

Section 78M was inserted by section 57 of the Environment Act 1995 (c.25) and extended by regulation 2 of S.S.I. 2007/179 so that it has effect in relation to harm or, subject to an exception in regulation 2(2), pollution of the water environment, so far as attributable to radioactivity possessed by any substance.

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