Scottish Statutory Instruments
Exiting The European Union
Environmental Protection
Made
2nd September 2019
Laid before the Scottish Parliament
4th September 2019
Coming into force in accordance with regulation 1
Marginal Citations
M11972 c.68. Section 2(2) was amended by paragraph 15(3) of schedule 8 of the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by section 3(3) and Part 1 of schedule 1 of the European Union (Amendment) Act 2008 (c.7). The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.
1.—(1) These Regulations may be cited as the Management of Extractive Waste (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019.
(2) These Regulations come into force on 30 October 2019, apart from Part 3 which comes into force on exit day.
2. The Management of Extractive Waste (Scotland) Regulations 2010 M3 are amended in accordance with regulations 3 to 6.
Commencement Information
Marginal Citations
3. In regulation 2(1) (interpretation)—
(a)in the definition of “Category A waste facility”—
(i)for “Directive 96/82/EC” to “dangerous substances” substitute “ Directive 2012/18/EU ”, and
(ii)for paragraph (c) substitute—
“(c)which contains substances or mixtures classified as hazardous under Regulation (EC) No 1272/2008 above a certain threshold;”,
(b)for the definition of “dangerous substance” substitute—
““dangerous substance” means a substance or mixture which is hazardous within the meaning of Regulation (EC) No 1272/2008,”
(c)omit the definition of “Directive 67/548/EEC”,
(d)omit the definition of “Directive 76/464/EEC”,
(e)omit the definition of “Directive 80/68/EEC”,
(f)omit the definition of “Directive 1999/45/EC”
(g)after the definition of “Directive 2008/98/EC”, insert—
““Directive 2012/18/EU” means Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC M4;”, and
(h)after the definition of “receiving body of water” insert—
““Regulation (EC) No 1272/2008” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 M5;”.
4. In regulation 22(1)(c) (construction and management: duties of operator), for “Directives 76/464/EEC, 80/68/EEC and 2000/60/EC” substitute “ Directive 2000/60/EC ”.
5. In regulation 23 (prevention of water status deterioration, air and soil pollution)—
(a)in paragraph (2) for “Directives 76/464/EEC, 80/68/EEC and 2000/60/EC” substitute “ Directive 2000/60/EC ”, and
(b)in paragraph (3) for “Directives 76/464/EEC, 80/68/EEC and 2000/60/EC” substitute “ Directive 2000/60/EC ”.
6. In regulation 27 (after-closure procedures: duties of operator) for “Directives 76/464/EEC, 80/68/EEC and 2000/60/EC” substitute “ Directive 2000/60/EC ”.
7. The Management of Extractive Waste (Scotland) Regulations 2010 M6 are amended in accordance with regulations 8 to 18.
Commencement Information
I7Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
8.—(1) In regulation 2 (interpretation)—
(2) in paragraph (1)—
(a)before the definition of “the 1997 Act”, insert—
““the 1996 Regulations” means the Special Waste Regulations 1996 M7,”,
(b)for the definition of “best available techniques” substitute—
““best available techniques” is as defined 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 M8,”,
(c)in the definition of “Directive 2000/60/EC”, at the end insert “ , as it had effect immediately before [F1IP completion day] ”,
(d)in the definition of “Directive 2008/98/EC”, at the end insert “ , as it had effect immediately before [F2IP completion day] ”,
(e)in the definition of “Directive 2012/18/EU”, at the end insert “ , as it had effect immediately before [F3IP completion day] ”,
(f)after the definition of “Directive 2012/18/EU”, insert—
““European Waste Catalogue” is as defined in regulation 1(4) of the 1996 Regulations;”
(g)in the definition of “Regulation (EC) No 1272/2008”, at the end insert “ , as it had effect immediately before [F4IP completion day] ”, and
(h)in the definition of “unpolluted soil”, before “EU” insert “ retained ”.
(3) In paragraph (2)—
(a)omit “and in Directive 2006/21/EC on the management of waste from extractive industries”,
(b)for “that Directive” substitute “ Directive 2006/21/EC on the management of waste from extractive industries M9 as it had effect immediately before [F5IP completion day] ”.
Textual Amendments
F1Words in reg. 8(2)(c) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 3(2)
F2Words in reg. 8(2)(d) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 3(2)
F3Words in reg. 8(2)(e) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 3(2)
F4Words in reg. 8(2)(g) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 3(2)
F5Words in reg. 8(3)(b) substituted (31.12.2020 immediately before IP completion day) by The Town and Country Planning, Management of Extractive Waste and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/310), regs. 1, 3(2)
Commencement Information
I8Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
M7S.I. 1996/972. Relevant amending instruments are S.S.I. 2004/112, S.S.I. 2011/226, and S.S.I. 2019/26.
M8OJ L 70, 08.03.2012 p.1 as amended by the Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations S.I. 2018/1407.
M9OJ L 102, 11.4.2006, p.15.
9. In regulation 5(3)(b) (transitional provisions), for “or EU legislation” substitute “ legislation or retained direct EU legislation ”.
Commencement Information
I9Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
10. In regulation 11(1)(j) (waste management plan) for “Directive 2000/60/EC” substitute “ the Water Environment and Water Services (Scotland) Act 2003 M10 and the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013 M11 ”.
Commencement Information
I10Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
11. In regulation 12 (consultations before consideration of applications)—
(a)in paragraph (2) for “or EU legislation” substitute “ legislation or retained direct EU legislation ”,
(b)in paragraph (3) for “another” substitute “ a ”, and
(c)in paragraph (4) for “another” substitute “ a ”.
Commencement Information
I11Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
12. In regulation 13 (decision by planning authority)—
(a)in paragraph (1) for “or EU legislation” substitute “ legislation or retained direct EU legislation ”, and
(b)in paragraph (5) for “or EU legislation” substitute “ legislation or retained direct EU legislation ”.
Commencement Information
I12Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
13. In regulation 14(b) (mandatory conditions: general) for “and EU legislation” substitute “ legislation or retained direct EU legislation ”.
Commencement Information
I13Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
14. In regulation 21 (co-operation with other member states)—
(a)in the heading omit “other”, and
(b)in paragraph (1) for “another” substitute “ a ”.
Commencement Information
I14Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
15. In regulation 22(1)(c) (construction and management: duties of operator) omit “EU or”.
Commencement Information
I15Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
16. In regulation 23 (prevention of water status deterioration, air and soil pollution) for paragraph (4)(b) substitute—
“(b)compliance with retained direct EU legislation.”.
Commencement Information
I16Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
17. In schedule 1 (waste management plan: objectives) for “at Community level” in each place where it appears substitute “ in retained direct EU legislation ”.
Commencement Information
I17Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
18. In schedule 2 (waste characterisation) for paragraph (b) substitute—
“(b)a description of the waste using—
(i)the classification of waste according to the European Waste Catalogue with particular regard to its hazardous characteristics;
(ii)a reference to the notice published or provided by the Scottish Ministers in relation to a determination made by them under regulation 2ZA, 2ZB or 2ZC of the 1996 Regulations;
(iii)evidence that in relation to Wales, England or Northern Ireland the waste is for the time being subject to a determination, made in a manner prescribed in regulation 2ZB(3) of the 1996 Regulations, that it is hazardous;
(iv)evidence that in relation to Wales, England or Northern Ireland the waste is for the time being subject to a determination, made in a manner prescribed in section 2ZC(4) of the 1996 Regulations, that it is non-hazardous;”.
Commencement Information
I18Reg. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
KEVIN STEWART
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 (c.68) and paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c.16). These Regulations make amendments to legislation concerning the management of extractive waste. The amendments update out of date references to EU instruments which are no longer in force. The amendments also address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(d) and (g) of that Act) arising from the withdrawal of the United Kingdom from the European Union.
Part 2 makes amendments to the Management of Extractive Waste (Scotland) Regulations 2010. The amendments made ensure that references to the relevant European Union Directives are amended to replace out of date reference to EU law with either equivalent text or references to current EU instruments. References to EU instruments which are no longer in force are removed and, where appropriate, references to repealed EU instruments are replaced with references to current EU equivalents.
Part 3 makes amendments to the Management of Extractive Waste (Scotland) Regulations 2010 to remedy deficiencies arising from the withdrawal of the United Kingdom from the European Union by updating, replacing or removing EU references, including references to EU instruments, which will become redundant or will no longer be appropriate after exit day.
No Business and Regulatory Impact Assessment has been prepared in relation to these Regulations, as no impact upon business, charities or voluntary bodies is foreseen.