This content is exclusively provided by FAO / FAOLEX

Waste Management Licensing Amendment (Scotland) Regulations 2004 (S.S.I. No. 275 of 2004).

Type of law
Regulation
Source

Abstract
These Regulations make miscellaneous changes to waste management legislation by amending the Environment Act 1995 (c.25) and the Waste Management Licensing Regulations 1994. Regulation 2 further amends the definition of "environmental licence . Regulations 4 to 22 amend the 1994 Regulations. Regulation 4 broadens the scope of mobile plant prescriptions in regulation 12 of the 1994 Regulations. Regulations 6 to 8 amend regulations 17, 18 and 18A of, and Schedules 3 and 3A to, the 1994 Regulations, which relate to the requirement for registration of activities exempt from waste management licensing, as provided for in Article 11(2) of Directive 75/442/EEC on waste. Regulation 6 amends the list of paragraphs of Schedule 3 referred to in regulation 17(2) of the 1994 Regulations, which relate to the carrying out of the activities with the consent of the occupier of the land, to take account of the exempt activities set out in paragraphs 8, 12, 12A and 46 of that Schedule. Regulation 7 amends regulation 18 of the 1994 Regulations to: (a) take account of the further activities which may be registered as exempt activities, namely activities falling within paragraphs 8, 10, 12, 12A and 46 of Schedule 3 to the 1994 Regulations; (b) specify in relation to paragraph 46 the circumstances in which relevant particulars may be deemed to be entered in the register; (c) make further provision in certain circumstances for the refusal and/or removal of registration for those activities; and (d) impose fines on summary conviction for failure to register any of the exempt activities falling within those paragraphs. Regulation 8 amends regulation 18A of the 1994 Regulations. The registration obligations now extend to exempt activities falling within paragraphs 8, 10, 12, 12A and 46 of Schedule 3 to the 1994 Regulations and include obligations such as the keeping of appropriate records and the content of such records. Regulations 10 to 16 amend paragraphs 7 to 10, 12, 19, 30 of Schedule 3 to the 1994 Regulations. Regulation 10 further amends paragraph 7 of Schedule 3 to the 1994 Regulations to modify the list of wastes which can fall within the exempt activities and to provide for a 50 hectare restriction on the area of land covered by any one exemption. Regulation 11 replaces paragraph 8 of Schedule 3 to the 1994 Regulations to make provision for the storage and spreading of sludge on non-agricultural land if it results in ecological improvement or enhances the growth of certain crops. Regulation 13 replaces paragraph 10 of Schedule 3 to the 1994 Regulations to increase the quantities of sewage sludge which may be treated at a sewage treatment works in reliance on the exemption and to specify the list of wastes which can be used or stored, etc.
Date of text
Entry into force notes
Coming into force on 10 June 2004.
Repealed
No
Source language

English

Legislation Amendment
No