LegalizeThe Waste Management Licensing (Scotland) Regulations 2011
Made: 16th March 2011
Coming into force: 27th March 2011
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Citation, commencement and extent
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Interpretation
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Relevant Offences
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Notice of Appeal
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Time limit for making an appeal
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Reports of hearings
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Notification of determination
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Particulars to be entered in public registers
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Information to be excluded or removed from a register
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Mobile plant
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Conditions of site licences: treatment of WEEE
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Conditions of site licences: treatment and storage of batteries
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Conditions of site licences: incineration of waste industrial and automotive batteries
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Health at work
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Waste oils
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Exclusion of activities under other control regimes from waste management licensing
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Exemptions from waste management licensing
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Exemptions from waste management licensing
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Exempt activities: registration requirement
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Register of exempt activities
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Register of exempt activities: registration of information
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Register of exempt activities: removal of information
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Register of exempt activities: requirements in respect of recovery and storage of scrap metal or waste motor vehicles
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Annual requirements in respect of recovery and storage of scrap metal or waste motor vehicles
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Register of exempt activities: requirements in respect of recovery and storage of scrap metal or waste motor vehicles
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Annual requirements in respect of certain exempt activities
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Annual requirements in respect of WEEE
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Registration obligations
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Waste Framework Directive
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Registration of brokers and dealers
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Savings
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Revocation and consequential amendments
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SCHEDULE 1 — ACTIVITIES EXEMPT FROM WASTE MANAGEMENT LICENSING
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SCHEDULE 2 — ASSESSMENT OF BENEFIT TO AGRICULTURE OR ECOLOGICAL IMPROVEMENT
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SCHEDULE 3 — PLANS AND DOCUMENTS REQUIRED FOR REGISTRATION
| Paragraph Number of Exempt activity in Schedule 1 | Plans and documents required | Plans and documents required | Plans and documents required |
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| 7, 8, 9, 10, 12, 19, 42, 46, 47,49, 50 and 51 | A plan of each place at which the exempt activity is to be carried on showing— | A plan of each place at which the exempt activity is to be carried on showing— | A plan of each place at which the exempt activity is to be carried on showing— |
| (a) | the boundaries of that place; and | the boundaries of that place; and | |
| (b) | the locations within that place at which the exempt activity is to be carried on. | the locations within that place at which the exempt activity is to be carried on. | |
| 7 | 1. The notice shall include the following particulars— | 1. The notice shall include the following particulars— | 1. The notice shall include the following particulars— |
| (a) | the establishment or undertaking's name, address and telephone number, and, if applicable, its fax number and email address; | the establishment or undertaking's name, address and telephone number, and, if applicable, its fax number and email address; | |
| (b) | a description of the waste to be used, its physical form and the process from which it arose; | a description of the waste to be used, its physical form and the process from which it arose; | |
| (c) | a description of where and how the waste will be stored pending the use; | a description of where and how the waste will be stored pending the use; | |
| (d) | a description of the land which is to be treated with the waste, including its location as identified by reference to a map and a six figure Ordnance Survey grid reference, and its area, the area available for the treatment, the soil, crops grown or to be grown in the soil and all wastes used to treat the land in the previous six months; | a description of the land which is to be treated with the waste, including its location as identified by reference to a map and a six figure Ordnance Survey grid reference, and its area, the area available for the treatment, the soil, crops grown or to be grown in the soil and all wastes used to treat the land in the previous six months; | |
| (e) | the method and intended date of treatment, the quantities of waste to be used and the rate of application; | the method and intended date of treatment, the quantities of waste to be used and the rate of application; | |
| (f) | details of the benefit to agriculture or ecological improvement to be expected from the treatment, including any analysis of the waste or the soil, and management plans; | details of the benefit to agriculture or ecological improvement to be expected from the treatment, including any analysis of the waste or the soil, and management plans; | |
| (g) | the location of any part of the water environment within 15 metres of the land on which the waste is to be used; and | the location of any part of the water environment within 15 metres of the land on which the waste is to be used; and | |
| (h) | the intended start and completion date of the storage or treatment | the intended start and completion date of the storage or treatment | |
| 2. The notice shall be accompanied by the following documents— | 2. The notice shall be accompanied by the following documents— | 2. The notice shall be accompanied by the following documents— | |
| (a) | an analysis of the wastes to be used and the soil which is to be treated with them; | an analysis of the wastes to be used and the soil which is to be treated with them; | |
| (b) | an assessment of the risk of pollution caused by the use; | an assessment of the risk of pollution caused by the use; | |
| (c) | a certificate describing how the treatment will result in benefit to agriculture or ecological improvement, which shall be prepared by or based on advice from a person who, in the opinion of the appropriate registration authority, has appropriate technical or professional expertise. | a certificate describing how the treatment will result in benefit to agriculture or ecological improvement, which shall be prepared by or based on advice from a person who, in the opinion of the appropriate registration authority, has appropriate technical or professional expertise. | |
| 3. Wastes shall be analysed in relation to the following parameters— | 3. Wastes shall be analysed in relation to the following parameters— | 3. Wastes shall be analysed in relation to the following parameters— | |
| (a) | percentage dry solids content; | percentage dry solids content; | |
| (b) | pH; | pH; | |
| (c) | conductivity (mS); | conductivity (mS); | |
| (d) | total content of major nutrients and readily plant available ammonium-nitrogen with the results to be expressed on a fresh weight basis; | total content of major nutrients and readily plant available ammonium-nitrogen with the results to be expressed on a fresh weight basis; | |
| (e) | biochemical oxygen demand and chemical oxygen demand; | biochemical oxygen demand and chemical oxygen demand; | |
| (f) | where the appropriate registration authority considers this to be appropriate, in relation to the types of waste whose codes are listed in the first column of Table 22, the parameters indicated in the remaining columns of the Table; and | where the appropriate registration authority considers this to be appropriate, in relation to the types of waste whose codes are listed in the first column of Table 22, the parameters indicated in the remaining columns of the Table; and | |
| (g) | such other parameters as the appropriate registration authority considers appropriate. | such other parameters as the appropriate registration authority considers appropriate. | |
| 8(2) | The notice shall include the following particulars— | The notice shall include the following particulars— | The notice shall include the following particulars— |
| (a) | the name, address and telephone number and, if applicable, the fax number and e-mail address of the establishment or undertaking that is to store or use the sludge and the establishment or undertaking supplying it; | the name, address and telephone number and, if applicable, the fax number and e-mail address of the establishment or undertaking that is to store or use the sludge and the establishment or undertaking supplying it; | |
| (b) | the quantity of sludge to be stored or used and its origin; | the quantity of sludge to be stored or used and its origin; | |
| (c) | how that sludge has been treated; | how that sludge has been treated; | |
| (d) | the location in which the sludge is to be stored or spread, including a description of any container or lagoon to be used; | the location in which the sludge is to be stored or spread, including a description of any container or lagoon to be used; | |
| (e) | the locations of any buildings, public rights of way, abstraction points or surface waters above Ordnance Datum which are situated within 400 metres of the boundaries of that place | the locations of any buildings, public rights of way, abstraction points or surface waters above Ordnance Datum which are situated within 400 metres of the boundaries of that place | |
| (f) | where sludge is to be used for treatment of the land, the notice shall be accompanied by a certificate describing how the activity will result in ecological improvement or as the case may be, enhancement of the growth of crops, which shall be prepared by or based on advice from a person who, in the opinion of the appropriate registration authority, has appropriate technical or professional expertise. | where sludge is to be used for treatment of the land, the notice shall be accompanied by a certificate describing how the activity will result in ecological improvement or as the case may be, enhancement of the growth of crops, which shall be prepared by or based on advice from a person who, in the opinion of the appropriate registration authority, has appropriate technical or professional expertise. | |
| 9 | 1. The notice shall include the following particulars— | 1. The notice shall include the following particulars— | 1. The notice shall include the following particulars— |
| (a) | the establishment or undertaking's name, address and telephone number and, if applicable, its fax number and email address | the establishment or undertaking's name, address and telephone number and, if applicable, its fax number and email address | |
| (b) | where less than 2,500 cubic metres of waste are to be used, a description of the treatment, the type and quantity of waste to be used and the location of the treatment; | where less than 2,500 cubic metres of waste are to be used, a description of the treatment, the type and quantity of waste to be used and the location of the treatment; | |
| (c) | where 2,500 or more cubic metres of waste are to be used— | where 2,500 or more cubic metres of waste are to be used— | |
| (i) | the total quantity of waste to be used; | ||
| (ii) | the type of waste to be used, identified by reference to the descriptions in the second column of Table 3; | ||
| (iii) | the location of the land where the waste is to be used or stored, identified by reference to a map and a six figure Ordnance Survey grid reference, including the name, address, telephone number and, if applicable, the fax number and email address of the landowner | ||
| (iv) | a plan of the use with cross-sections showing the proposed levels of the land affected by the treatment; | ||
| (v) | the intended start and completion date of the use or storage. | ||
| 2. Where any of the wastes listed in Part II of Table 3 is to be used, the notice shall be accompanied by a certificate describing how the activity will result in benefit to agriculture or ecological improvement, which shall be prepared by or based on advice from a person who, in the opinion of the appropriate registration authority, has appropriate technical or professional expertise. | 2. Where any of the wastes listed in Part II of Table 3 is to be used, the notice shall be accompanied by a certificate describing how the activity will result in benefit to agriculture or ecological improvement, which shall be prepared by or based on advice from a person who, in the opinion of the appropriate registration authority, has appropriate technical or professional expertise. | 2. Where any of the wastes listed in Part II of Table 3 is to be used, the notice shall be accompanied by a certificate describing how the activity will result in benefit to agriculture or ecological improvement, which shall be prepared by or based on advice from a person who, in the opinion of the appropriate registration authority, has appropriate technical or professional expertise. | |
| 10 | The notice shall include the following particulars— | The notice shall include the following particulars— | The notice shall include the following particulars— |
| (a) | the establishment or undertaking's name, address and telephone number and, if applicable, its fax number and e-mail address; | the establishment or undertaking's name, address and telephone number and, if applicable, its fax number and e-mail address; | |
| (b) | a description of the proposed activity | a description of the proposed activity | |
| (c) | a plan showing the location and specifications of any such impermeable pavements or drainage systems as are mentioned in paragraph 10. | a plan showing the location and specifications of any such impermeable pavements or drainage systems as are mentioned in paragraph 10. | |
| 12 where the activities involve more than 10 tonnes of waste per year | The notice shall include the following particulars— | The notice shall include the following particulars— | The notice shall include the following particulars— |
| (a) | the establishment or undertaking's name, address and telephone number and, if applicable, its fax number and e-mail address; | the establishment or undertaking's name, address and telephone number and, if applicable, its fax number and e-mail address; | |
| (b) | the plan accompanying the notice given to the appropriate registration authority shall show locations of any buildings, public rights of way, abstraction points or surface waters above Ordnance Datum which are situated within 250 metres of the boundaries of the place; | the plan accompanying the notice given to the appropriate registration authority shall show locations of any buildings, public rights of way, abstraction points or surface waters above Ordnance Datum which are situated within 250 metres of the boundaries of the place; | |
| (c) | the quantities and types of waste to be composted, identified by reference to the descriptions in the second column of Table 6, and the expected duration of the composting; | the quantities and types of waste to be composted, identified by reference to the descriptions in the second column of Table 6, and the expected duration of the composting; | |
| (d) | where containment is to be provided as referred to in Table 7, the method of containment. | where containment is to be provided as referred to in Table 7, the method of containment. | |
| 19 | The notice shall include the following particulars— | The notice shall include the following particulars— | The notice shall include the following particulars— |
| (a) | the establishment or undertaking's name, address and telephone number, and, if applicable, its fax number and email address; | the establishment or undertaking's name, address and telephone number, and, if applicable, its fax number and email address; | |
| (b) | where less than 2,500 cubic metres of waste are to be stored or used, a description of the use, the type and quantity of waste to be stored or used and the location of the use; | where less than 2,500 cubic metres of waste are to be stored or used, a description of the use, the type and quantity of waste to be stored or used and the location of the use; | |
| (c) | where 2,500 cubic metres or more of waste are to be used for relevant work— | where 2,500 cubic metres or more of waste are to be used for relevant work— | |
| (i) | the total quantity of waste to be stored or used: | ||
| (ii) | the type of waste to be stored or used, identified by reference to the descriptions in the second column of Table 11; | ||
| (iii) | the location of the land where the waste is to be stored or used, identified by reference to a map and a six figure Ordnance Survey grid reference, including the name, address, telephone number and, if applicable, the fax number and email address of the landowner; | ||
| (iv) | a plan of the use, with cross-sections showing the proposed final levels of the land affected by the use; and | ||
| (v) | the intended start and completion date of the storage or use. | ||
| 42 | The notice shall include the following particulars— | The notice shall include the following particulars— | The notice shall include the following particulars— |
| (a) | the establishment or undertaking's name, address and telephone number and, if applicable, its fax number and e-mail address; | the establishment or undertaking's name, address and telephone number and, if applicable, its fax number and e-mail address; | |
| (b) | a description of the proposed activity; and | a description of the proposed activity; and | |
| (c) | a description of how the biobed will be built and operated, based on principles which, in the opinion of the appropriate registration authority apply appropriate technical or professional expertise. | a description of how the biobed will be built and operated, based on principles which, in the opinion of the appropriate registration authority apply appropriate technical or professional expertise. | |
| 47 | The notice shall include the following particulars— | The notice shall include the following particulars— | The notice shall include the following particulars— |
| (a) | the establishment or undertaking's name, address and telephone number and, if applicable, its fax number and e-mail address; and | the establishment or undertaking's name, address and telephone number and, if applicable, its fax number and e-mail address; and | |
| (b) | a description of the proposed activity. | a description of the proposed activity. | |
| 49 | The notice shall include or be accompanied by the following particulars— | The notice shall include or be accompanied by the following particulars— | The notice shall include or be accompanied by the following particulars— |
| (a) | the establishment or undertaking's name, address and telephone number and, if applicable, its fax number and e-mail address; | the establishment or undertaking's name, address and telephone number and, if applicable, its fax number and e-mail address; | |
| (b) | a description of the enzyme preparation proposed to be applied. | a description of the enzyme preparation proposed to be applied. | |
| 50 | 1. The notice shall include or be accompanied by the following particulars— | 1. The notice shall include or be accompanied by the following particulars— | 1. The notice shall include or be accompanied by the following particulars— |
| (a) | the establishment or undertaking's name, address and telephone number and, if applicable, its fax number and e-mail address; | the establishment or undertaking's name, address and telephone number and, if applicable, its fax number and e-mail address; | |
| (b) | a description of where and how the waste will be stored pending its use; | a description of where and how the waste will be stored pending its use; | |
| (c) | a description of the land to be treated with the waste, including its location as identified by reference to a map and a six figure Ordnance Survey grid reference, and its area, the area available for treatment, the soil, crops grown or to be grown in the soil and all wastes used to treat the land in the previous six months; | a description of the land to be treated with the waste, including its location as identified by reference to a map and a six figure Ordnance Survey grid reference, and its area, the area available for treatment, the soil, crops grown or to be grown in the soil and all wastes used to treat the land in the previous six months; | |
| (d) | the intended dates of treatment, the quantities of waste to be used and the rate of application; | the intended dates of treatment, the quantities of waste to be used and the rate of application; | |
| (e) | details of the benefit to agriculture or ecological improvement to be expected from the treatment, including any analysis of the waste or the soil, and management plans; and | details of the benefit to agriculture or ecological improvement to be expected from the treatment, including any analysis of the waste or the soil, and management plans; and | |
| (f) | the location of any part of the water environment within 15 metres of the land on which the waste is to be used. | the location of any part of the water environment within 15 metres of the land on which the waste is to be used. | |
| 2. The notice shall be accompanied by the following documents— | 2. The notice shall be accompanied by the following documents— | 2. The notice shall be accompanied by the following documents— | |
| (a) | an analysis of the soil to be treated; | an analysis of the soil to be treated; | |
| (b) | an assessment of the risk of pollution caused by the treatment; | an assessment of the risk of pollution caused by the treatment; | |
| (c) | a certificate describing how the treatment will result in benefit to agriculture or ecological improvement, which shall be prepared by or based on advice from a person who, in the opinion of the appropriate registration authority, has appropriate technical or professional expertise. | a certificate describing how the treatment will result in benefit to agriculture or ecological improvement, which shall be prepared by or based on advice from a person who, in the opinion of the appropriate registration authority, has appropriate technical or professional expertise. | |
| 3. The waste shall be analysed in relation to the following parameters— | 3. The waste shall be analysed in relation to the following parameters— | 3. The waste shall be analysed in relation to the following parameters— | |
| (a) | percentage dry solids content; | percentage dry solids content; | |
| (b) | pH; | pH; | |
| (c) | conductivity (mS); | conductivity (mS); | |
| (d) | total content of major nutrients and readily plant available ammonium-nitrogen with the results to be expressed on a fresh weight basis; | total content of major nutrients and readily plant available ammonium-nitrogen with the results to be expressed on a fresh weight basis; | |
| (e) | biochemical oxygen demand and chemical oxygen demand; | biochemical oxygen demand and chemical oxygen demand; | |
| (f) | where the appropriate registration authority considers this to be appropriate, in relation to the types of waste whose codes are listed in the first column of Table 22, the parameters indicated in the remaining columns of the Table; and | where the appropriate registration authority considers this to be appropriate, in relation to the types of waste whose codes are listed in the first column of Table 22, the parameters indicated in the remaining columns of the Table; and | |
| (g) | such other parameters as the appropriate registration authority considers appropriate. | such other parameters as the appropriate registration authority considers appropriate. | |
| 51 | 1. The notice shall include the following particulars— | 1. The notice shall include the following particulars— | 1. The notice shall include the following particulars— |
| (a) | the establishment or undertaking's name, address and telephone number and, if applicable, its fax number and e-mail address; | the establishment or undertaking's name, address and telephone number and, if applicable, its fax number and e-mail address; | |
| (b) | The quantities and types of waste to be digested. | The quantities and types of waste to be digested. | |
| 2. | The plan accompanying the notice given to the appropriate registration authority shall show locations of any buildings, public rights of way, abstraction points or surface waters above Ordnance Datum which are situated within 250 metres of the boundaries of the place. | The plan accompanying the notice given to the appropriate registration authority shall show locations of any buildings, public rights of way, abstraction points or surface waters above Ordnance Datum which are situated within 250 metres of the boundaries of the place. | |
| ¹ ie. Substances prescribed in Schedule 6 to the 1991 Regulations. | ¹ ie. Substances prescribed in Schedule 6 to the 1991 Regulations. | ¹ ie. Substances prescribed in Schedule 6 to the 1991 Regulations. | ¹ ie. Substances prescribed in Schedule 6 to the 1991 Regulations. |
| --- | --- | --- | --- |
| Parameter | Parameter | Parameter | |
| Codes referred to in European Waste Catalogue | Neutralising Value | Micro-biology | Oils & Fats |
| 03 03 11, | X | ||
| 03 03 99 | |||
| 02 01 99, | X | ||
| 03 01 01, | |||
| 03 01 05, | |||
| 03 03 01, | |||
| 17 05 04, | |||
| 20 02 02 | |||
| 02 02 03 | X | X | |
| 02 03, 02 04, | X | X | |
| 02 05, 02 06, | |||
| 02 07 | |||
| 03 03 09, | X | ||
| 10 13 | |||
| 04, 10 01 | |||
| 99 | |||
| 02 01 03, | X | ||
| 02 04 01, | |||
| 19 05 03, | |||
| 20 02 01 | |||
| 04 02 10, | |||
| 04 02 15, | |||
| 04 02 20, | |||
| 04 02 21, | |||
| 04 02 22 | |||
| 04 01 07 | X | ||
| 17 05 06, | |||
| 19 06 03, | |||
| 19 06 04, | |||
| 19 06 05, | |||
| 19 06 06 | |||
| 07 07 12 | X | X | X |
| 19 09 02 | X | X | |
| 06 01 99 | X |
SCHEDULE 4 — WASTE FRAMEWORK DIRECTIVE
PART 1 — GENERAL
Interpretation of Schedule 4
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duties of the waste regulation authority
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duties of planning authorities
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duties of other competent authorities
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Meaning of “competent authority” etc.
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relevant objectives
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exceptions to duties
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Matters to be covered by permits
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Modification of provisions relating to development plans
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Modifications of Part I of the 1990 Act
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Modifications of Part II of the 1990 Act
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Registration of professional collectors and transporters of waste
12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duty to carry out appropriate periodic inspections
13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Record keeping
14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART II — WASTE DISPOSAL OPERATIONS
NB. This Part of this Schedule is intended to list disposal operations such as they occur in practice. In accordance with Article 13 of the Directive waste must be disposed of without endangering human health and without the use of processes or methods likely to harm the environment.
| [^f01039]Operation Code | Description |
|---|---|
| (1) The operations listed in this Part of this Schedule are listed in accordance with Annex I of the Directive. | (1) The operations listed in this Part of this Schedule are listed in accordance with Annex I of the Directive. |
| D1 | Deposit into or onto land (e.g. landfill etc.). |
| D2 | Land treatment (e.g. biodegradation of liquid or sludge discards in soils, etc.). |
| D3 | Deep injection (e.g. injection of pumpable discards into wells, salt domes or naturally occurring repositories, etc.). |
| D4 | Surface impoundment (e.g. placement of liquid or sludge discards into pits, ponds or lagoons, etc.). |
| D5 | Specially engineered landfill (e.g. placement into lined discrete cells which are capped and isolated from one another and the environment, etc.). |
| D6 | Release into a water body except seas/oceans. |
| D7 | Release into seas/oceans including sea-bed insertion. |
| D8 | Biological treatment not listed elsewhere in this Part of this Schedule which results in final compounds or mixtures which are discarded by means of any of the operations listed as D1 to D12 in this Part of this Schedule. |
| D9 | Physico-chemical treatment not listed elsewhere in this Part of this Schedule which results in final compounds or mixtures which are discarded by means of any of the operations listed as D1 to D12 in this Part of this Schedule (e.g. evaporation drying, calcination, etc.). |
| D10 | Incineration on land. |
| D11 | Incineration at sea. |
| D12 | Permanent storage (emplacement of containers in a mine, etc.). |
| D13 | Blending or mixing of waste prior to submission to any of the operations listed as D1 to D12 in this Part of this Schedule. If there is no other D code appropriate, this may include preliminary operations prior to disposal, including pre-processing such as sorting, crushing, compacting, pelletising, drying, shredding, conditioning or separating prior to submission to any of operations D1 to D12. |
| D14 | Repackaging of waste prior to submission to any of the operations listed as D1 to D13 in this Part of this Schedule. |
| D15 | Storage of waste pending any of the operations listed as D1 to D14 in this Part of this Schedule, but excluding preliminary storage referred to in Article 3(10) of the Directive, pending collection, on the site where the waste is produced. |
PART III — WASTE RECOVERY OPERATIONS
NB. This part of this Schedule is intended to list recovery operations as they occur in practice. In accordance with Article 13 of the Directive waste must be recovered without endangering human health and without the use of processes or methods likely to harm the environment.
| [^f01040]Operation Code | Description |
|---|---|
| (1) The operations listed in this Part of this Schedule are listed in accordance with Annex II of the Directive. | (1) The operations listed in this Part of this Schedule are listed in accordance with Annex II of the Directive. |
| R1 | Use principally as a fuel or other means to generate energy. |
| This includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency is equal to or greater than (i) 0.60 for installations in operation and permitted in accordance with applicable Community legislation before 1st January 2009; or (ii) 0.65 for other installations. Energy efficiency is calculated according to the formula contained in AnnexII of the Directive. | |
| R2 | Solvent reclamation/regeneration. |
| R3 | Recycling/reclamation of organic substances which are not used as solvents (including composting and other biological transformation processes). This includes gasification and pyrolysis using the components as chemicals. |
| R4 | Recycling/reclamation of metals and metal compounds. |
| R5 | Recycling/reclamation of other inorganic materials. This includes soil cleaning resulting in recovery of the soil and recycling of inorganic construction materials. |
| R6 | Regeneration of acids or bases. |
| R7 | Recovery of components used for pollution abatement. |
| R8 | Recovery of components from catalysts. |
| R9 | Oil re-refining or other reuses of oil. |
| R10 | Land treatment resulting in benefit to agriculture or ecological improvement. |
| R11 | Use of wastes obtained from any of the operations listed as R1 to R10 in this Part of this Schedule. |
| R12 | Exchange of wastes for submission to any of the operations listed as R1 to R11 in this Part of this Schedule. |
| If there is no other R code appropriate, this may include preliminary operations prior to recovery including pre-processing such as dismantling, sorting, crushing, compacting, pelletising, drying, shredding, conditioning, repackaging, separating, blending or mixing prior to submission to any of operations R1 to R11. | |
| R13 | Storage of wastes pending any of the operations listed as R1 to R12 in this Part of this Schedule, excluding preliminary storage referred to in Article 3(10) of the Directive, pending collection, on the site where the waste is produced. |
SCHEDULE 5 — REGISTRATION OF BROKERS AND DEALERS
Interpretation
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Registers
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applications for registration
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Registration as a broker or dealer and amendment of entries
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation of registration
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeals
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duration of registration
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cessation of registration
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 6 — Consequential Amendments
The Deposits in the Sea (Exemption) Order 1985
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Controlled Waste Regulations 1992
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Special Waste Regulations 1996
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Waste Management (Miscellaneous Provisions) Regulations 1997
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Waste Incineration (Scotland) Regulations 2003
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Rural Development Contracts (Land Managers Options) (Scotland) Regulations 2008
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Chemicals (Hazard Information and Packaging for Supply) Regulations 2009
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signed
RICHARD LOCHHEAD — A member of the Scottish Executive — 2011-03-16
Explanatory note
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Footnotes
[^f00001]: 1999 c.24, as relevantly amended by the Antisocial Behaviour etc. (Scotland) Act 2004 asp 8, schedule 2 Part1 paragraph5. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46), as read with section 5(3) of the 1999 Act. Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (O.J. L 312, 22.11.2008, p.3) was designated for the purposes of paragraph 20(2)(c) of Schedule 1 to the 1999 Act by S.S.I. 2010/131.
[^f00002]: 1972 c.68, as relevantly amended by the Scotland Act 1998 (c.46) Schedule 8 paragraph 15(3); the Legislative and Regulatory Reform Act 2006 (c.51) Part 3 sections 27(1) and (2) and 28 and the European Union Amendment Act 2008 (c.7) Schedule 1 Part 1. The functions conferred on the Minister of the Crown under section 2(2) of the 1972 Act, so far as exercisable within devolved competence, were transferred to the Scottish Ministers by section 53 of the Scotland Act.
[^f00003]: O.J. L 30, 31.1.2009, p.16, as amended by Commission Regulations 992/2009/EC (O.J. L 278, 23.10.2009, p.7) and 360/2010/EU (O.J. L 106, 28.4.2010, p.1) and by Council Regulation 1250/2009/EC (O.J. L 338, 19.12.2009, p.1).
[^f00004]: O.J. L 300, 14.11.2009, p. 1.
[^f00005]: 1990 c.43, as relevantly amended by the Natural Heritage (Scotland) Act 1991 (c.28) Schedule 2 paragraph 10(2); the Local Government etc. (Scotland) Act 1994 (c.39) Schedule 13 paragraph 167(6) and Schedule 14 paragraph 1; the Environment Act 1995 (c.25) Schedule 19 paragraph 4(1), Schedule 22 paragraphs 64, 66(2), 68(3)(b), 72, 76, 77, 83, 86 and 88 and Schedule 24 paragraph 1; the Waste Minimisation Act 1998 (c.44) section 1; the Water Industry (Scotland) Act 2002 (asp 3) Schedule 7 paragraph 20(2) and (3); the Nature Conservation (Scotland) Act 2004 (asp 6) schedule 7 paragraph 7; S.S.I.2000/323 Schedule 10 Part 1 paragraph 3(3) and (4); 2000/430 article 2; 2002/83 article 2; 2003/173 article 2; 2005/324 article 2 and 2009/247 regulation 3.
[^f00006]: S.I. 1991/472, as relevantly amended by S.I. 1992/614 Schedule 1 paragraph 9(a); S.I. 1993/2405 regulation 2(1); S.I.1994/1271 Schedule 1 Part II paragraphs 3, 4 and 5(a) and Schedule 3 paragraphs 8 to 11 and S.I. 1995/3247 Schedule1 Part 1 paragraph 3.
[^f00007]: S.I. 1994/1056, as relevantly amended by S.S.I. 2003/171 regulation 9 and 2004/275 regulation 9(a).
[^f00008]: 1995 c.25, as relevantly amended by S.S.I. 2000/323 Schedule 10(1) paragraph 5(4) and S.S.I. 2006/181 Schedule 1(IV) paragraph 8(5).
[^f00009]: S.S.I. 2000/323, as relevantly amended by S.S.I. 2003/146 regulations 5, 15(a)(ii) and (iii), 16(a) and (b) and 17(c)(ii); 2003/170 regulation 9; 2003/235 Schedule 6 paragraph 3(4) and (11); 2004/26 regulation 13; 2005/101 regulation 5 and 2005/340 regulations 4, 9(a) and (b) and 11(a).
[^f00010]: 2003 asp 3, as relevantly amended by S.S.I. 2005/348 Part 1 regulation 3(2).
[^f00011]: S.S.I. 2003/235, as relevantly amended by the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) schedule 2(2) paragraph 8; S.S.I. 2003/343 regulation 4 and S.S.I. 2010/60, Part 1 regulation 3(4).
[^f00012]: S.S.I. 2005/348, to which there are amendments not relevant to these Regulations.
[^f00013]: 1948 c.45, to which there are amendments not relevant to these Regulations.
[^f00014]: O.J. L 266, 26.9.2006, p.1, as amended by Directive 2008/103/EC (O.J. L 327, 5.12.2008, p.7).
[^f00015]: O.J. L 312, 22.11.2008, p.3.
[^f00016]: 1974 c. 40, as relevantly amended by the Criminal Procedure (Scotland) Act 1975 (c.21) section 289B(1), 289F and 289G; the 1995 Act Schedule 19 paragraph 1(3) and S.S.I. 2006/181 Schedule 1 Part 1 paragraph 1.
[^f00017]: O.J. L 226, 6.9.2000, p.3, as amended by Commission Decisions 2001/118/EC (O.J. L 47, 16.2.2001, p.1) and 2001/119/EC (O.J. L 47, 16.2.2001, p.32) and by Council Decision 2001/573/EC (O.J. L 203, 28.7.2001, p.18).
[^f00018]: 1994 c.39, as relevantly amended by the 1995 Act Schedule 22 paragraph 232(1).
[^f00019]: 1997 c.8, as relevantly amended by the Transport Act 2000 (c.38) Schedule 5 paragraph 11; the Planning etc. (Scotland) Act 2006 (asp 17) Part 10 section 54(10); S.I. 2000/2040 Schedule 1 Part 1 paragraph 20; S.I. 2001/1149 Schedule 1 Part 1 paragraphs 113(2) to (4); S.S.I. 2006/243 article 4(10) and S.I. 2006/1157 Schedule 1 paragraph 1.
[^f00020]: S.I. 1996/972, to which there are amendments not relevant to these Regulations.
[^f00021]: 1993 c. 12, as relevantly amended by the Radioactive Substances Act 1993 Amendment (Scotland) Regulations 2011.
[^f00022]: S.S.I. 2003/593.
[^f00023]: O.J. L 37, 13.2.2003, p.24.
[^f00024]: O.J. L 345, 31.12.2003, p.106.
[^f00025]: 1982 c.45, to which there are amendments not relevant to these Regulations.
[^f00026]: 1978 c.3, as relevantly amended by the Criminal Procedure (Scotland) Act 1975 (c.21) section 289E; the Roads (Scotland) Act 1984 (c.54) section 157(2) and Schedule 9 paragraph 78(2) and the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40) Schedule 4 paragraph 15.
[^f00027]: 1985 c.48, as relevantly amended by the 1990 Act section 146(4).
[^f00028]: 1989 c.14, as relevantly amended by the 1990 Act Schedule 15 paragraph 31(2).
[^f00029]: 1993 c.11, to which there are amendments not relevant to these Regulations.
[^f00030]: S.I. 2006/3289, as relevantly amended by S.I. 2007/3454 Schedule 1 paragraph 28.
[^f00031]: S.I. 2007/1711, as relevantly amended by S.I. 2008/9 regulations 4 and 5 and S.I. 2010/265 Part 3 regulation 8.
[^f00032]: S.I. 2008/3257, as relevantly amended by S.I. 2010/897 regulation 2(13) and (15).
[^f00033]: S.I. 2009/890.
[^f00034]: S.S.I. 2009/266.
[^f00035]: 2010 asp 5.
[^f00036]: S.I.1992/588, as relevantly amended by S.I.1994/1056 regulation24(2) and by S.I.1996/972 regulation24.
[^f00037]: 1974 c.37, to which there are amendments not relevant to these Regulations.
[^f00038]: O.J. L 20, 26.1.1980, p.43.
[^f00039]: O J. L 372, 27.12.2006, p.19.
[^f00040]: O.J. L 327, 22.12.2000, p.1, as amended by Directive 2008/105/EC (O.J. L 348, 24.12.2008, p.84). This Directive was designated for the purposes of paragraph 20(2)(c) of Schedule 1 to the 1999 Act by S.S.I. 2010/131.
[^f00041]: S.S.I. 2003/411, as relevantly amended by S.S.I. 2009/7 regulation 2(2).
[^f00042]: S.I. 1989/1263, as relevantly amended by S.I. 1996/593 Schedule 2 paragraph 5(4) and 1996/973 Schedule 1 paragraph9(4).
[^f00043]: ISBN no. 978 0 580 50349 8.
[^f00044]: 1958 c.24, to which there are amendments not relevant to these Regulations.
[^f00045]: 1968 c.47, as relevantly amended by the 2003 Act Part 2 section 33(1).
[^f00046]: S.S.I. 2005/613, to which there are amendments not relevant to these Regulations.
[^f00047]: S.I. 1992/223, as relevantly amended by S.I. 1994/2586 article 2 and S.I. 1994/1442 article 2.
[^f00048]: S.I. 2003/1809, to which there are amendments not relevant to these Regulations.
[^f00049]: S.I. 1987/37, to which there are amendments not relevant to these Regulations.
[^f00050]: 2001 asp 8, as relevantly amended by the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) Part 6 section 29; the Adoption and Children (Scotland) Act 2007 (asp 4) Part 1 Chapter 1 section 7; the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) Part 4 section 82(1) and by S.S.I. 2010/21 Schedule 1 paragraph 6(2).
[^f00051]: S.S.I. 2003/593.
[^f00052]: S.I. 2005/2517, to which there are amendments not relevant to these Regulations.
[^f00053]: S.S.I. 2008/298, as amended by S.S.I. 2008/394 and S.S.I. 2009/447.
[^f00054]: 1997 c.8, as relevantly amended by the 2003 Act Part 1 Chapter 3 section 24(2); the Planning and Compulsory Purchase Act 2004 (c.5) Schedule 7 paragraph 20(2); the Planning etc. (Scotland) Act 2006 (asp 17) Part 1 section 1, Part 2 section 2 and Part 3 sections 3(1), 17, 19(1) and 22(3); S.S.I. 1999/1 Part II (11) section 47(1); the Transport and Works (Scotland) Act 2007 (asp 8) Part 1 section 15(1); S.S.I. 2003/341 regulations 2 and 5; S.S.I. 2006/243 article 4(5) and (12)(b) and S.S.I.2007/268 articles 8(2) and 14.
[^f00055]: O.J. L 24, 29.1.2008, p.8.
[^f00056]: S.S.I. 2007/251.
[^f00057]: 1997 c.9, to which there are amendments not relevant to these Regulations.
[^f00058]: 2009 asp 12.
[^f00059]: S.I. 1991/1624, as relevantly amended by S.I. 1992/588 regulation 10(1); S.I. 1994/1056 regulation 23(2) and (4); S.I.1998/605 regulation 2(2)(a) and S.S.I. 2005/22 regulation 4.
[^f00060]: 2006 c.46, to which there are amendments not relevant to these Regulations.
[^f00061]: S.I. 1985/1699, as relevantly amended by S.I. 1994/1056 regulation 21(3).
[^f00062]: S.I. 1991/1624, as relevantly amended by S.I. 1994/1056 regulation 23(4).
[^f00063]: S.I. 1992/588, as relevantly amended by S.I. 1994/1056 regulation 24(2) and by S.I. 1996/972 regulation 24.
[^f00064]: S.I. 1997/351.
[^f00065]: S.S.I. 2003/170.
[^f00066]: S.I. 2004/99.
[^f00067]: S.S.I. 2008/100.
[^f00068]: S.S.I. 2008/159.
[^f00069]: S.S.I. 2008/298.
[^f00070]: S.I. 2009/716.
Savings
Revocation and consequential amendments
NB. This Part of this Schedule is intended to list disposal operations such as they occur in practice. Waste must be disposed of without endangering human health and without the use of processes or methods likely to harm the environment.
| ¹ The operations listed in this Part of this Schedule are listed in accordance with Annex I of the Directive. | ¹ The operations listed in this Part of this Schedule are listed in accordance with Annex I of the Directive. |
|---|---|
| ¹Operation Code | Description |
| D1 | Deposit into or onto land (e.g. landfill etc.). |
| D2 | Land treatment (e.g. biodegradation of liquid or sludge discards in soils, etc.). |
| D3 | Deep injection (e.g. injection of pumpable discards into wells, salt domes or naturally occurring repositories, etc.). |
| D4 | Surface impoundment (e.g. placement of liquid or sludge discards into pits, ponds or lagoons, etc.). |
| D5 | Specially engineered landfill (e.g. placement into lined discrete cells which are capped and isolated from one another and the environment, etc.). |
| D6 | Release into a water body except seas/oceans. |
| D7 | Release into seas/oceans including sea-bed insertion. |
| D8 | Biological treatment not listed elsewhere in this Part of this Schedule which results in final compounds or mixtures which are discarded by means of any of the operations listed as D1 to D12 in this Part of this Schedule. |
| D9 | Physico-chemical treatment not listed elsewhere in this Part of this Schedule which results in final compounds or mixtures which are discarded by means of any of the operations listed as D1 to D12 in this Part of this Schedule (e.g. evaporation drying, calcination, etc.). |
| D10 | Incineration on land. |
| D11 | Incineration at sea. |
| D12 | Permanent storage (emplacement of containers in a mine, etc.). |
| D13 | Blending or mixing of waste prior to submission to any of the operations listed as D1 to D12 in this Part of this Schedule.If there is no other D code appropriate, this may include preliminary operations prior to disposal, including pre-processing such as sorting, crushing, compacting, pelletising, drying, shredding, conditioning or separating prior to submission to any of operations D1 to D12. |
| D14 | Repackaging of waste prior to submission to any of the operations listed as D1 to D13 in this Part of this Schedule. |
| D15 | Storage of waste pending any of the operations listed as D1 to D14 in this Part of this Schedule, but excluding preliminary storage referred to in Article 3(10) of the Directive, pending collection, on the site where the waste is produced. |
NB. This part of this Schedule is intended to list recovery operations as they occur in practice. Waste must be recovered without endangering human health and without the use of processes or methods likely to harm the environment.
| ¹ The operations listed in this Part of this Schedule are listed in accordance with Annex II of the Directive. | ¹ The operations listed in this Part of this Schedule are listed in accordance with Annex II of the Directive. |
|---|---|
| ¹Operation Code | Description |
| R1 | Use principally as a fuel or other means to generate energy. |
| This includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency is equal to or greater than (i) 0.60 for installations in operation and permitted in accordance with applicable EU legislation before 1st January 2009; or (ii) 0.65 for other installations. Energy efficiency is calculated according to the energy efficiency formula and climate correction factor contained in Annex II of the Directive. | |
| R2 | Solvent reclamation/regeneration. |
| R3 | Recycling/reclamation of organic substances which are not used as solvents (including composting and other biological transformation processes). This includes gasification and pyrolysis using the components as chemicals. |
| R4 | Recycling/reclamation of metals and metal compounds. |
| R5 | Recycling/reclamation of other inorganic materials. This includes soil cleaning resulting in recovery of the soil and recycling of inorganic construction materials. |
| R6 | Regeneration of acids or bases. |
| R7 | Recovery of components used for pollution abatement. |
| R8 | Recovery of components from catalysts. |
| R9 | Oil re-refining or other reuses of oil. |
| R10 | Land treatment resulting in benefit to agriculture or ecological improvement. |
| R11 | Use of wastes obtained from any of the operations listed as R1 to R10 in this Part of this Schedule. |
| R12 | Exchange of wastes for submission to any of the operations listed as R1 to R11 in this Part of this Schedule. |
| If there is no other R code appropriate, this may include preliminary operations prior to recovery including pre-processing such as dismantling, sorting, crushing, compacting, pelletising, drying, shredding, conditioning, repackaging, separating, blending or mixing prior to submission to any of operations R1 to R11. | |
| R13 | Storage of wastes pending any of the operations listed as R1 to R12 in this Part of this Schedule, excluding preliminary storage referred to in Article 3(10) of the Directive, pending collection, on the site where the waste is produced. |
Editorial notes
Conditions of waste management licences: separately collected wastes
13A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Health at work
Waste oils
Exclusion of activities under other control regimes from waste management licensing
Exemptions from waste management licensing
Exempt activities: registration requirement
Register of exempt activities
Register of exempt activities: registration of information
Register of exempt activities: removal of information
Register of exempt activities: requirements in respect of recovery and storage of scrap metal or waste motor vehicles
Annual requirements in respect of recovery and storage of scrap metal or waste motor vehicles
Register of exempt activities: requirements in respect of recovery and storage of scrap metal or waste motor vehicles
Annual requirements in respect of certain exempt activities
Annual requirements in respect of WEEE
Registration obligations
Waste Framework Directive
Registration of brokers and dealers
Savings
Revocation and consequential amendments
Conditions of waste management licences: materials facilities
13B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Health at work
Waste oils
Exclusion of activities under other control regimes from waste management licensing
Exemptions from waste management licensing: additional requirement for materials facilities
Exempt activities: registration requirement
Register of exempt activities
Register of exempt activities: registration of information
Register of exempt activities: removal of information
Annual requirements in respect of recovery and storage of scrap metal or waste motor vehicles
Register of exempt activities: requirements in relation to certain exempt activities
Annual requirements in respect of certain exempt activities
Annual requirements in respect of WEEE
Registration obligations
Waste Framework Directive
Registration of brokers and dealers
Savings
Revocation and consequential amendments
17A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exemptions from waste management licensing: controlled activities
Exempt activities: registration requirement
Register of exempt activities
Register of exempt activities: registration of information
Register of exempt activities: removal of information
Annual requirements in respect of recovery and storage of scrap metal or waste motor vehicles
Register of exempt activities: requirements in relation to certain exempt activities
Annual requirements in respect of certain exempt activities
Annual requirements in respect of WEEE
Registration obligations
Waste Framework Directive
Registration of brokers and dealers
Savings
Revocation and consequential amendments
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