The Environmental Authorisations (Scotland) Regulations 2018

[^key-ae09a92e731f1e4321ef5947a2cc23d6]: Reg. 69(1)(la) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(3), 34 (with sch. 23)

[^key-afa971174aa7031e9768bf66385eb112]: Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(h) (with reg. 1(5), sch. 23)

[^key-b0938d49370376fdb21507cad3b1edf2]: Words in sch. 1 para. 8(2) omitted (1.11.2025) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 35(e)(ii) (with sch. 23)

[^key-b1510b4860b4b3f1c5e440bf6c8bb79c]: Words in sch. 4 para. 4(d) substituted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 38(a)(iii)(aa) (with sch. 23)

[^key-b26c57f40970c0bcd2846f38af096b80]: Sch. 28 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 19 (with sch. 23)

[^key-b48a23a8cc97a5b2eeebb1c983c62fea]: Words in reg. 62(5)(a) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(3), 30(c) (with sch. 23)

[^key-b4d6c8d5952b1f800bd3ac2f51f24251]: Word in reg. 59 substituted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(3), 28(2) (with sch. 23)

[^key-b5342d2483beb89e04cc6fed6e298e73]: Words in sch. 4 para. 4(d) substituted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 38(a)(iii)(bb) (with sch. 23)

[^key-b66facb6cb21c95a2fe5c9179bf0c046]: Sch. 15 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 6 (with sch. 23)

[^key-b79983aadbbc36c50d1eee0cdfd21586]: Sch. 1 para. 4 renumbered as sch. 1 para. 4(1) (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 35(c)(i) (with sch. 23)

[^key-b8977b2c8970237db03b4ba2e4d7b461]: word Sch. 8 Pt. 6 Table 4 substituted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 39(p)(vi) (with sch. 23)

[^key-b92625570db929389ce05859fa90f160]: Words in reg. 28(1) substituted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(3), 15 (with sch. 23)

[^key-ba1567c59af08cfe20d5de305045cd53]: Sch. 1 para. 25 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 35(o) (with sch. 23)

[^key-baa80c27adcf658fbe523bb8ff29741d]: Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(b) (with reg. 1(5), sch. 23)

[^key-bc4be77ce963224aedcd9d311e838151]: Words in sch. 9 Pt. 2 para. 1 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 40(i)(xv) (with sch. 23)

[^key-bcf8a31b584243fb3d0a579187e0dd72]: Words in sch. 8 para. 4(1) renumbered (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 39(d)(i)(cc) (with sch. 23)

[^key-be4487675772937773c0eeba1bd8db27]: Words in sch. 9 Pt. 1 table substituted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 40(g)(i)(aa) (with sch. 23)

[^key-bf2f950f319de6cca242580f0c1910f6]: Words in reg. 51(1) substituted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(3), 23(a) (with sch. 23)

[^key-bf60c313e86952dd55ea5f2df58304dd]: Words in sch. 3 Table 1 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 37(a)(ii) (with sch. 23)

[^key-c2410a5338edf5e1c1a813b602adbd01]: Reg. 60(5) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(3), 29(c) (with sch. 23)

[^key-c782c7f223f0d9f15a797309948cdfae]: Words in reg. 38(3) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(3), 20(a) (with sch. 23)

[^key-c9484ee0a8264b2dbf7a9298046ae4a5]: Reg. 41(1A) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(3), 21 (with sch. 23)

[^key-cb2e54f98107eebd42846e3db44be3aa]: Sch. 8 para. 26(4)(a) substituted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 39(m)(iii) (with sch. 23)

[^key-cc097f707249942a62a008964d1043e1]: Words in sch. 1 para. 7(3)(b) substituted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 35(d)(i) (with sch. 23)

[^key-cec5310e0b6b13e29bd50d53819dea0b]: Reg. 67(2)(aa) inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 33(b) (with sch. 23)

[^key-cfc434c4c810cc4da4915d4c898d5f41]: Sch. 1 para. 16(3) inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 35(j)(iii) (with sch. 23)

[^key-d082d13be9f1654e7958e51c08a97f5b]: Words in sch. 8 para. 3 omitted (1.11.2025) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 39(c) (with sch. 23)

[^key-d0a54378b1baccd6265a0610988bfe43]: Word in sch. 2 para. 3(3)(b) omitted (1.6.2025) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(3), 36(b)(ii) (with sch. 23)

[^key-d245d9bcb5b9372d8892274d088ddd79]: Words in sch. 3 Table 1 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 37(a)(vi) (with sch. 23)

[^key-d2b160cc88b8a7aa94e830916058e167]: Reg. 3(2A)(2B) inserted (1.6.2025 for specified purposes, 1.11.2025 in so far as not already in force) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2)(4)(b), 6(b) (with reg. 1(5), sch. 23)

[^key-d3773c7b6eb7d7a2a9e8153169b01792]: Words in sch. 1 para. 18(b) omitted (1.11.2025) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 35(k) (with sch. 23)

[^key-d397c23180f138c82dce555d0aa25109]: Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(i) (with reg. 1(5), sch. 23)

[^key-d3a4ca321b27f85bfb9f90565e23f04e]: Words in sch. 8 para. 4(1) inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 39(d)(i)(aa) (with sch. 23)

[^key-d5af2576de7888cb2a2fcfb15d8bef2f]: Sch. 1 paras. 20-22 omitted (1.11.2025) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 35(m) (with sch. 23)

[^key-d5c984471250372dcc6f87f96624eaad]: Words in sch. 9 Pt. 2 para. 1 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 40(i)(ii) (with sch. 23)

[^key-d8d1af25f273fcc7d906a2c9472bd2c2]: Word in reg. 52(2) substituted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(3), 24 (with sch. 23)

[^key-d9b88e485e63d32d42ad46146c3651d5]: Words in sch. 8 para. 26(2) inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 39(m)(ii) (with sch. 23)

[^key-d9cf66ac9616aa438854693863677c17]: Words in reg. 30(c)(ii) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(3), 16 (with sch. 23)

[^key-dab8b3434234edd798511d2006c5abb3]: Words in sch. 9 Pt. 2 para. 1 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 40(i)(vi) (with sch. 23)

[^key-dc0cee4090b66b8b94ef4ed69d045853]: Sch. 1 para. 12(1)(c) omitted (1.11.2025) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 35(f) (with sch. 23)

[^key-df86922b524d7cbce5e17c0279c49c9c]: Word in sch. 8 para. 23(c)(vii) inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 39(l) (with sch. 23)

[^key-e142ec00f913e668454e7e4f21653604]: Word in sch. 4 para. 24 substituted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 38(b) (with sch. 23)

[^key-e16645d14ef5e1929c071a9ac88f8065]: Words in sch. 9 Pt. 2 para. 2(1)(c) substituted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 40(j) (with sch. 23)

[^key-e23f2ccbba7a3979d30b1bc174288607]: Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(a) (with reg. 1(5), sch. 23)

[^key-e530e5a9c441829b16de4b8f54903bec]: Word in sch. 8 para. 13(b) inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 39(g) (with sch. 23)

[^key-e606ea4743699d24abe93a27bb1a58d4]: Words in sch. 3 Table 1 substituted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 37(a)(iv) (with sch. 23)

[^key-e8b2aa32451f6c0591a1339d8ba6db2c]: Word in reg. 67(2)(a) omitted (1.11.2025) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 33(a) (with sch. 23)

[^key-ec6acf44964dcf3049eef3cc2f9c7431]: Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(c) (with reg. 1(5), sch. 23)

[^key-ec714f181fc54c7e4ecef42287051ad2]: Words in sch. 4 para. 4(c) omitted (1.11.2025) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 38(a)(ii) (with sch. 23)

[^key-ec7e5240caee7dc92e93e85459e7a5db]: Sch. 9 Pt. 3 Table 3 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 40(l)(ii) (with sch. 23)

[^key-eced02f679d6d662f9032efc22de9c3d]: Words in sch. 9 Pt. 2 para. 1 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 40(i)(vii) (with sch. 23)

[^key-edfbf98c13a167c8b5d217dc1797abf0]: Sch. 25 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 16 (with sch. 23)

[^key-f050363f172f1e8a5f861ad3c04b98ff]: Words in sch. 9 Pt. 2 para. 1 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 40(i)(xvii) (with sch. 23)

[^key-f0995899963567f59f36ed10ac17ba25]: Words in reg. 2(1) inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(d) (with reg. 1(5), sch. 23)

[^key-f14448ca278f1abf3037324ad271ee4b]: Words in reg. 2(1) substituted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(4)(a), 4(1)(q) (with reg. 1(5), sch. 23)

[^key-f1504a194b49b5a3a31dbb972e6cd47d]: Words in sch. 8 para. 5 omitted (1.11.2025) by virtue of The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 39(e) (with sch. 23)

[^key-f17f79a709184ba2819f66ab7201c55a]: Words in Sch. 8 Pt. 6 Table 4 substituted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 39(p)(iv) (with sch. 23)

[^key-f359ea83891c641bfdcb10c91692908b]: Reg. 10(1) substituted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 10(a) (with sch. 23)

[^key-f41af6ec58900102f43852c3baa52a3e]: Sch. 8 para. 19: dash inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 39(j)(i) (with sch. 23)

[^key-f506fd9de3df3f92944a3d7a6ae00396]: Words in sch. 1 para. 15(5)(b) substituted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 35(i)(iii) (with sch. 23)

[^key-f6373f6acd2af12a42981a804c084005]: Words in sch. 8 para. 27(1) inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 39(n) (with sch. 23)

[^key-f77cea730a974822158b0f986c2c4eba]: Word in sch. 3 Table 1 substituted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 37(a)(iii) (with sch. 23)

[^key-f7ceebae1673a2405325128428b94585]: Sch. 6 para. 12 revoked (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 21 para. 2 (with sch. 23)

[^key-f870b0936ea92cfbf62c130170b75ddf]: Words in Sch. 8 Pt. 6 Table 4 substituted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 39(p)(v) (with sch. 23)

[^key-f8ce0d05eb868d8872f9bdd379a34d1f]: Word in sch. 9 Pt. 1 table inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 40(f)(ii) (with sch. 23)

[^key-f927e913c6ebfbaaffd1e61a0fa75d14]: Words in Sch. 8 Pt. 6 Table 4 substituted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 39(p)(ii) (with sch. 23)

[^key-fa98ba1c70858ae6effe53a5f58e9e0a]: Words in sch. 8 para. 4(1) inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 39(d)(i)(bb) (with sch. 23)

[^key-fa9a336fedc6798e9a217dcccb225923]: Word in sch. 8 para. 36(1) inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 39(o)(i) (with sch. 23)

[^key-fad34bb293a6442f6d4f357f8a860016]: Words in sch. 8 para. 4(1) inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 39(d)(i)(dd) (with sch. 23)

[^key-faeb8631db422b6d1947b6b2700c8433]: words Sch. 8 Pt. 6 Table 4 substituted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 39(p)(ix) (with sch. 23)

[^key-faee07c23a178fe9064d502702c5119a]: Word in reg. 5(2)(c) substituted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(3), 8(a) (with sch. 23)

[^key-fb77ecc230f943c8fe0a7fb43f964a7c]: Reg. 31 substituted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(3), 17 (with sch. 23)

[^key-fcdab055bad6f50c7cf4271195b90143]: Words in sch. 9 Pt. 2 para. 1 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 40(i) (with sch. 23)

[^key-fe292c74fafb4dbdeadb6bb20c0a646c]: Sch. 9 Pt. 1 Chs. 2-4 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), regs. 1(2), 40(h) (with sch. 23)

[^key-fe6f9a4ba873500a80b59fd9387737e6]: Sch. 18 inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(4)(d)(ii), sch. 9 (with reg. 1(5), sch. 23)

[^M_F_48048619-fb9a-4717-f531-1773e738efeb]: Words in reg. 37(2)(a) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 15(3); 2020 c. 1, Sch. 5 para. 1(1)

Interpretation: technical schedule Interpretation: technical schedule

SCHEDULE 11 — WASTE MANAGEMENT ACTIVITIES

PART 1 — Scope

Scope

1

• (1) This schedule applies to all waste management activities,

• (2) Paragraph 2 applies for the interpretation of—

• (a) this schedule,

• (b) schedule 9,

• (c) schedules 12 -18,

• (d) schedule 22, and

• (e) the definition of waste management activity.

2

• (1) “Waste management activity” includes, but is not limited to—

• (a) landfill activities,

• (b) incineration or co-incineration of solid and liquid waste at a waste incineration or co-incineration plant,

• (c) recovery of waste by application to land for the purpose of soil improvement,

• (d) management of the following types of waste—

• (i) waste motor vehicles,

• (ii) waste electrical and electronic equipment,

• (iii) batteries.

• (2) “Waste management activity” does not include—

• (a) the transport of waste between different places within the same premises,

• (b) the operation of an extractive waste area or waste facility as defined in regulation 2 of the Management of Extractive Waste (Scotland) Regulations 2010.

PART2 — Amendments to common framework provisions

Duty on SEPA: waste hierarchy

3

• (1) SEPA must take the waste hierarchy aim into account when carrying out a relevant function contained in sub-paragraph (5) to the extent that the function relates to a waste management activity.

• (2) The waste hierarchy aim is that all appropriate measures are taken to apply the following waste hierarchy in the manner set out in sub-paragraph (3)—

• (a) waste prevention,

• (b) preparing for re-use,

• (c) recycling,

• (d) other recovery, including energy recovery,

• (e) disposal.

• (3) The waste hierarchy is to be applied in a way which—

• (a) delivers the best overall environmental outcome,

• (b) takes account of—

• (i) the environmental principles of precaution and sustainability,

• (ii) technical feasibility,

• (iii) economic viability,

• (iv) the protection of resources, including reducing overall impacts of resource use and improving efficiency of such use,

• (v) the overall environmental, human health and social impacts.

• (4) The waste hierarchy may be departed from for particular types of waste where justified in order to ensure the best overall environmental outcome is delivered, and by reference to—

• (i) the measures available to the authorised person in the circumstances,

• (ii) the overall impact of the generation and management of such types of waste.

• (5) The relevant functions are—

• (a) specification of permit conditions under regulation 22(1)(c), (3) and (4),

• (b) determination and revision of standard conditions under regulation 33.

Duty on SEPA: inspections

4

• (1) SEPA must carry out appropriate periodic inspections in relation to waste management activities authorised under these Regulations.

• (2) Inspections concerning the collection and transport of waste must cover the origin, nature, quantity and destination of the waste collected and transported.

Authorisations: waste treatment

5

• (1) SEPA must only authorise waste treatment activities by permit or registration unless paragraph (2) applies.

• (2) This sub-paragraph applies to the authorisation of the following waste treatment activities—

• (a) disposal of a person’s own non-hazardous waste at the place of production,

• (b) recovery of waste.

• (3) SEPA must ensure that a permit or registration for waste treatment activities includes conditions specifying—

• (a) the types and quantities of waste that may be treated,

• (b) for each type of activity authorised, technical and any other requirements relevant to the site concerned,

• (c) the safety and precautionary measures to be taken,

• (d) the treatment method to be used for each type of operation,

• (e) such monitoring and control operations as SEPA considers necessary,

• (f) such closure and after-care provisions as SEPA considers necessary.

• (4) SEPA must refuse an application for an authorisation for the treatment of waste if SEPA considers that the intended method of treatment would give rise to significant environmental harm.

Authorisations: record-keeping

6

• (1) SEPA must ensure that the authorisations in sub-paragraph (2) include such conditions as it considers appropriate to ensure that records of the following are kept—

• (a) the quantity, nature and origin of waste,

• (b) the quantity of products and materials resulting from preparing for re-use, recycling and other recovery operations,

• (c) where SEPA considers it to be relevant, the destination, frequency of collection, mode of transport and treatment method anticipated in respect of the waste.

• (2) The authorisations are—

• (a) permits and registrations for the treatment of waste,

• (b) authorisations which authorise the collection or transportation of hazardous waste,

• (c) authorisations for brokers and dealers of hazardous waste.

• (3) Records must be kept for—

• (a) 12 months by authorised persons who transport hazardous waste, and in relation to permits and authorisations for waste treatment under paragraph 5 of this schedule,

• (b) 3 years in relation to all other authorisations for hazardous waste.

SCHEDULE18 — RECOVERY OF WASTE BY APPLICATION TO LAND FOR THE PURPOSE OF SOIL IMPROVEMENT

PART1 — Scope and interpretation

Scope

1

• (1) This schedule applies to—

• (a) the recovery of waste by application to land for the purpose of soil improvement,

• (b) the temporary storage of waste at the place where it is to be used for the purpose in head (a).

• (2) Paragraphs 2 and 3 apply for the interpretation of—

• (a) this schedule,

• (b) the definition of recovery of waste by application to land for the purpose of soil improvement.

2

• (1) In this schedule “soil improvement” means any one or more of the following—

• (a) provision of required plant nutrients to the soil,

• (b) provision of organic matter to the soil,

• (c) improvement of the chemical properties of the soil,

• (d) improvement of the physical properties of the soil,

• (e) reduction of any soil moisture deficit,

for the purpose of enhancing plant growth.

• (2) “Soil improvement” does not include the creation of new soils as part of the restoration of former industrial land.

3

For the purposes of this schedule, waste is applied to the land where it is added to the land by—

• (a) spreading it on the surface of the land,

• (b) injecting it into the land,

• (c) placing it below the surface of the land,

• (d) mixing it with the surface layers of the land.

Interpretation: general

4

In this schedule—

• “agriculture” means the growing of all types of commercial food crops, including for stock-rearing purposes and related expressions are to be construed accordingly,

• “conventionally treated sewage sludge” means sewage sludge which—has been treated in a process which has been demonstrated to be capable of achieving at least a 99% reduction (a 2 log₁₀ reduction) in pathogens, andcontains no more than 100, 000 Escherichia coli per gram dry solids,

• “enhanced treated sewage sludge” means sewage sludge which—has been treated—in a process which has been demonstrated to have achieved at least a 99.9999% reduction (a 6 log₁₀ reduction) in pathogens, orwhere before treatment the sewage sludge had a mean concentration of less than 10⁸Escherichia coli per gram dry solids, in a process which has achieved the requirements in sub-paragraphs (b) and (c),contains no more than 1000 Escherichia coli per gram dry solids, andis free from Salmonella,

• “plant” means living plants and the following living parts of plants—seeds,fruits,vegetables,tubers, corns, bulbs, rhizomes, roots, rootstocks, stolons,shoots, stems, runners,flowers,trees,leaves, foliage,live pollen and spores,buds, budwood, cutting, scions, grafts,

• “septic tank sludge” means residual sludge from septic tanks and other similar installations for the treatment of sewage,

• “sewage sludge” means residual sludge from sewage treatment works,

• “treated sewage sludge” means sewage sludge which has undergone biological, chemical or heat treatment, or any other appropriate process so as significantly to reduce its fermentability and the health hazards resulting from its use.

PART2 — Amendments to common framework provisions

Authorisations: general

5

SEPA must ensure that an authorisation for recovery of waste by application to land for the purpose of soil improvement includes such conditions as it considers appropriate to ensure that—

• (a) waste applied to land has not been mixed with any material which does not itself provide soil improvement,

• (b) application of waste does not impair the quality of the soil, surface water and groundwater,

• (c) nutrient needs of plants are taken into account,

• (d) waste is not applied to any land where the application would result in the total nitrogen contained in waste applied in any 12 month period exceeding a rate of 250 kilograms per hectare,

• (e) waste is not applied in such amounts that the crop requirement for nitrogen is exceeded,

• (f) waste is not applied in excess of the amount required to maintain the soil phosphorus status at acceptable agronomic levels,

• (g) waste must not be applied to land where—

• (i) the pH value of the soil is less than 5 unless the exception in head (ii) applies,

• (ii) this head applies where the waste to be applied has a liming value to increase the pH of the soil to 5 or above,

• (h) the application of the waste to the land will not cause soil pH to fall below 5 even temporarily.

Authorisation conditions: soil concentrations

6

• (1) SEPA must, subject to sub-paragraph (2) ensure that an authorisation for recovery of waste by application to land for the purpose of soil improvement includes such conditions as it considers appropriate to ensure that—

• (a) no waste is applied to any land for the improvement of the soil where the concentration in the soil of any of the potentially toxic elements listed in column 1 of Table 1 exceeds the limit specified in column 2 with reference to the specified pH values,

• (b) where the limit referred to in sub-paragraph (a) is not exceeded at the time of application, it must not be exceeded as a result of the application of waste,

• (c) no waste is applied to land for the improvement of soil where the average rate of addition to the land by means of the waste of any of the potentially toxic elements listed in column 1 of Table 1 exceeds the limit specified in column 3.

• (2) SEPA may grant an exemption to the limit specified in column 2 of Table 1 for cadmium so as to allow the application of enhanced treated sewage sludge to land where the following conditions are met—

• (a) the naturally-occurring levels of cadmium in the soil exceed the limit set out in column 2 of Table 1,

• (b) the land is located on an island,

• (c) the land is grassland.

• (3) In this paragraph, “grassland” means land on which the vegetation consists predominantly of grass species.

PTE	Maximum permissible concentration of PTE in soil (mg/kg dry solid)				Maximum permissible annual rate of PTE addition (kg//ha)
	pH5.0 - <5.5	pH5.5 - <6.0	pH6.0 – 7.0	pH (1)>7.0
Copper	80	100	135	200	7.5
Nickel	50	60	75	110	3
Cadmium	0.5	0.5	1	1.5	0.15
	pH5.0 and above
Zinc	200				15
Lead	300				15
Mercury	1				0.1

Authorisation conditions: sewage sludge

7

SEPA must ensure that an authorisation for recovery of waste by application to agricultural land for the purpose of soil improvement includes such conditions as it considers appropriate to ensure—

• (a) no sewage sludge other than conventionally treated sewage sludge or enhanced treated sewage sludge is to be applied to any land for the improvement of soil,

• (b) no sewage sludge, other than enhanced treated sewage sludge is to be applied to any land used for the growing and harvesting of fruit or horticultural crops,

• (c) no fruit crops, salad crops, vegetable crops or horticultural crops, other than fruit trees, are growing or being harvested in the soil at the time of application of sewage sludge,

• (d) conventionally treated sewage sludge must be deep injected or ploughed down when applied to land to be used for grazing.

Authorisation conditions: soil sampling

8

SEPA must ensure that an authorisation for the recovery of waste by application to land for the purpose of soil improvement includes such conditions as it considers appropriate to ensure that soil is tested and analysed in accordance with the following conditions—

• (a) soil is tested and analysed—–

• (i) for all the parameters specified in columns (1) and (2) of Table 2 no more than one year prior to the first application to that land,

• (ii) for all subsequent applications, for the parameters and at the frequencies specified in columns (1) and (2) of Table 2,

• (b) for each unit of land (not exceeding 5 hectares) on which waste is to be applied, a representative soil sample is obtained by mixing together 25 core samples, each taken to the depth of the topsoil or 15 centimetres, whichever is deeper,

• (c) soil sampling, handling and testing is conducted in accordance with technical guidance produced by SEPA under regulation 66(2),

• (d) the analysis requisite to ascertain the concentration of metals in samples is carried out following strong acid digestion and the limit of detection for each metal must not exceed 10% of the appropriate limit value set out in Table 1.

Every 5 years	Every 10 years
Soil pH,Extractable P,Extractable K,Soil texture,Extractable Mg (mg/l dw) if claimed to be of benefit,Any PTE (mg/kg dw) that in previous analysis has shown to exceed 90% of the limit.	Total carbon or organic matter,Cadmium,Copper,Mercury,Nickel,Lead,Zinc.

Authorisation conditions: waste sampling

9

SEPA must ensure that an authorisation for the recovery of waste by application to land for the purpose of soil improvement include such conditions as it considers appropriate to ensure that—

• (a) sewage sludge is sampled or tested—

• (i) at intervals of not more than six months, and in any event where changes occur in the characteristics of the wastewater being treated,

• (ii) representative samples of sewage sludge intended to be applied to agricultural land are taken after processing, but prior to delivery to the user,

• (iii) samples are analysed so as to determine—

• (aa) pH value,

• (bb) percentage content of dry matter, organic matter, nitrogen and phosphorus,

• (cc) concentration in milligrams per kilogram of dry matter of chromium and each of the elements listed in column 1 of Table 1 above,

• (b) waste other than sewage sludge produced and supplied for the purpose of application to land is sampled and tested—

• (i) not more than 2 years before application to land,

• (ii) in accordance with SEPA guidance.

Authorisation conditions: records

10

• (1) SEPA must ensure that an authorisation for the recovery of waste by application to land for the purpose of soil improvement includes such conditions as it considers appropriate to ensure that records of the following information are kept and provided to SEPA at such time as SEPA may request—

• (a) the quantities of waste produced, and the quantities supplied for use in agriculture,

• (b) the composition and properties of the soil in relation to the parameters referred to in Table 1,

• (c) the composition and properties of the waste in relation to the parameters referred to in Table 2,

• (d) the type of treatment carried out in relation to any treated sewage sludge,

• (e) the names and addresses of the recipients of the waste and the place where the waste is to be applied to land.

• (2) Records of information under sub-paragraph (1) are to be kept for a period of 6 years or as otherwise specified by SEPA.

Interpretation: best available techniques (“BAT”)

2A

• (1) For the purposes of these Regulations—

• “best available techniques (“BAT”)” means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing the basis for emission limit values and other authorisation conditions designed to prevent, and where that is not practicable, to reduce emissions and the impact on the environment as a whole.

• (2) In paragraph (1)—

• (a) “techniques” includes both the technology used and the way in which an installation is designed, built, maintained, operated and decommissioned,

• (b) “available techniques” means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced within the United Kingdom as long as they are reasonably accessible to the operator,

• (c) “best” means most effective in achieving a high general level of protection of the environment as a whole.

Interpretation: regulated activity

Interpretation: regulated activities

Interpretation: authorised person

Interpretation: technical schedule

Prohibition

Responsibility of authorised person

General aims

Pre-application community engagement

1A

• (1) SEPA may require a person who intends to apply for a permit or a variation to an existing permit to consult with members of the public likely to be affected by the proposed activity or variation.

• (2) SEPA may require that person to take such steps as SEPA considers appropriate.

Form of application

Accompanying information

Withdrawing an application

Modifying an application

Notifications relating to certain applications

Further information in respect of an application

Public Consultation: scope

Public consultation requirements

Duty to determine an application

Time limits for determining applications

Extension of determination periods

Calculating the determination period

Variation Notices

Surrender applications

Notice of surrender

Revocation of permits or registrations

Interpretation: satisfactory state

25

• (1) This paragraph applies to a function of the Scottish Ministers in connection with a matter referred to them for determination in compliance of a direction made under paragraph 19(1).

• (2) Where this paragraph applies, the Scottish Ministers may—

• (a) appoint a person to exercise any such function on their behalf, with or without payment,

• (b) refer a matter to a person they may appoint for the purpose, with or without payment.

General Principles of Radiological Protection: Optimisation and Dose Limitation

CHAPTER 1 — Radioactive Substances

Column 1	Column 2
Activity	General Binding Rules
1. The management of a category 5 sealed source.	aThe radioactive substances common rules;ba non-metallic category 5 sealed source must only be disposed of in normal refuse;cthe activity of an individual category 5 sealed source disposed of must not exceed 2 × 10⁵ becquerels;dmore than one source must not be disposed of in any 0.1 m³ of normal refuse;ethe total activity of category 5 sealed sources disposed of in normal refuse from premises in a year must not exceed 1 × 10⁷ becquerels;fa metallic category 5 sealed source must only be disposed of by landfill.
2. The management (other than the treatment and disposal), of a smoke detector.	aThe total number of smoke detectors kept on a premises, and not affixed to the premises, must not exceed 500.ba smoke detector must be managed in a manner which prevents the dispersal of radionuclides; c a smoke detector must not be transferred to a person who is not legally entitled to manage it. d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. The management of a tritium source.	aThe radioactive substances common rules;bthe total activity of tritium sources, other than Class B gaseous tritium light devices and Class C gaseous tritium light devices, on a premises must not exceed 5 × 10¹² becquerels;cthe total activity of Class B gaseous tritium light devices and Class C gaseous tritium light devices on a premises must not exceed 3 × 10¹³ becquerels;da tritium source with an activity greater than 2 × 10¹⁰ becquerels must not be disposed of;ea tritium source must only be disposed of in normal refuse;fmore than one tritium source must not be disposed of in any 0.1 m³ of normal refuse;gthe total activity of tritium sources disposed of in normal refuse from a premises in a year must not exceed 1 × 10¹³ becquerels.
4. The management (other than the disposal) of an electrodeposited source.	aThe radioactive substances common rules.
5. The management of a barium eluting source.	aThe radioactive substances common rules;bthe total activity of all barium eluting sources kept on a premises must not exceed 4 × 10⁵ becquerels of Cs-137+;ca ... barium eluting source must only be disposed of in normal refuse;dmore than one barium eluting source must not be disposed of in any 0.1 m³ of normal refuse;
6. The management of a thorium alloy.	aThe radioactive substances common rules;ba thorium alloy must only be disposed of by landfill.
7. The management of a uranium or thorium compound.	aThe radioactive substances common rules;ba uranium or thorium compound which is solid radioactive waste must only be disposed of in normal refuse;cthe total quantity of uranium or thorium in a uranium or thorium compound disposed of from a premises in normal refuse must not exceed 0.5 kilogrammes per week;da uranium or thorium compound which is aqueous radioactive waste must be disposed of to a relevant sewer;ethe total quantity of uranium or thorium in a uranium or thorium compound disposed of from a premises to a relevant sewer must not exceed 0.5 kilogrammes per year.fthe maximum amount of uranium or thorium that can be held on a premises at any time is 5 kilograms.
8. The management of a medical or veterinary radioactive substance.	aThe radioactive substances common rules;ba medical or veterinary radioactive substance must only be—
8. The management of a medical or veterinary radioactive substance.	idisposed of in normal refuse; oriidisposed into—
8. The management of a medical or veterinary radioactive substance.	aaa relevant sewer;bba river, which at the time of any disposal into it of aqueous radioactive waste has a flow rate which is not less than 1m³s⁻¹; orccthe sea;
8. The management of a medical or veterinary radioactive substance.	ca single item of medical or veterinary radioactive waste must not be disposed of in normal refuse if its activity exceeds—
8. The management of a medical or veterinary radioactive substance.	i4 × 10⁵ becquerels for tritium or C-14; orii4 × 10⁴ becquerels for any other radionuclide;
8. The management of a medical or veterinary radioactive substance.	dthe total activity of medical or veterinary radioactive waste disposed of per 0.1 m³ of normal refuse must not exceed—
8. The management of a medical or veterinary radioactive substance.	i4 × 10⁶ becquerels for tritium or C-14; orii4 × 10⁵ becquerels for any other radionuclide;
8. The management of a medical or veterinary radioactive substance.	ethe total activity of medical or veterinary radioactive waste disposed of in normal refuse from a premises in a year must not exceed—
8. The management of a medical or veterinary radioactive substance.	i2 × 10⁹ becquerels for tritium or C-14; orii2 x 10⁸ becquerels for any other radionuclide;
8. The management of a medical or veterinary radioactive substance.	fif the medical or veterinary radioactive waste consists of ... excreta, the total activity of liquid aqueous radioactive waste disposed of from a premises to a relevant sewer in a year must not exceed—
8. The management of a medical or veterinary radioactive substance.	i1 x 10¹⁰ becquerels for Tc-99m; orii5 x 10⁹ becquerels for the sum of all other radionuclides;
8. The management of a medical or veterinary radioactive substance.	gif the medical or veterinary radioactive waste does not consist of ... excreta, the total activity of liquid aqueous radioactive waste disposed of from a premises to a relevant sewer in a year must not exceed—
8. The management of a medical or veterinary radioactive substance.	i1 x 10⁸ becquerels for the sum of the following radionuclides: H-3, C-11, C-14, F-18, P-32, P-33, S-35, Ca-45, Cr-51, Fe-55, Ga-67, Sr-89, Y-90, Tc-99m, In-111, I-123, I-125, I-131, Sm-153, Tl-201; orii1 x 10⁶ becquerels for the sum of all other radionuclides;
8. The management of a medical or veterinary radioactive substance.	hif theradioactive waste does not consist of ... excreta, the concentration of liquid aqueous radioactive waste disposed of from a premises to a relevant sewer must not exceed 100 becquerels per millilitre.ithe maximum amount of a radioactive substance that can be held on a premises at any time is—i1 x 10⁹ becquerels of Tc-99m, andii2 x 10⁸ becquerels of all other radionuclides, no more than 1 x 10⁸ becquerels of which may be radioactive material.
9. The management (other than disposal) of a NORM containing substance.	aThe radioactive substances common rules;bthe total activity of NORM containing substances transferred from a premises in a year to a person for disposal in a landfill must not exceed the value specified in column 3 of Table 1;cthe total activity of NORM containing substances transferred from a premises in a year to a person for incineration must not exceed the value specified in column 4 of Table 1.
10. The disposal of gaseous radioactive waste which contains no radionuclides other than Kr-85.	aThe total amount of gaseous Kr-85 radioactive waste disposed of from premises in a year must not exceed 1 × 10¹¹ becquerels;bgaseous Kr-85 radioactive waste must be adequately dispersed from the building in which it arose so that it does not enter, or re-enter, a building.
	aThe total amount of gaseous Kr-85 radioactive waste disposed of from premises in a year must not exceed 1 × 10¹¹ becquerels;bgaseous Kr-85 radioactive waste must be adequately dispersed from the building in which it arose so that it does not enter, or re-enter, a building.
11. Any other radioactive substances activity, not falling within any other activity description in this schedule, where—	aThe radioactive substances common rules;
athe total activity of a radionuclide does not exceed the value specified in column 3 of Table 2; or	ba solid radioactive substance must only be disposed of in normal refuse;
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 2 of Table 2.	ca single item of radioactive waste must not be disposed of in normal refuse if it exceeds—
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 2 of Table 2.	i4 × 10⁵ becquerels for tritium or C-14; orii4 × 10⁴ becquerels for any other radionuclide;
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 2 of Table 2.	dthe total activity of radioactive substances disposed of per 0.1 m³ of normal refuse must not exceed—
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 2 of Table 2.	i4 × 10⁶ becquerels for tritium or C-14; orii4 × 10⁵ becquerels for any other radionuclide;
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 2 of Table 2.	ean aqueous liquid radioactive substance must only be disposed of into—
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 2 of Table 2.	ia relevant sewer;iia river, which at the time of any disposal into it of aqueous radioactive waste has a flow rate which is not less than 1m³s⁻¹; oriiithe sea;
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 2 of Table 2.	fthe total activity of liquid aqueous radioactive waste disposed of from a premises in a year must not exceed—
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 2 of Table 2.	i1 x 10⁸ becquerels for the sum of the following radionuclides: H-3, C-11, C-14, F-18, P-32, P-33, S-35, Ca-45, Cr-51, Fe-55, Ga-67, Sr-89, Y-90, Tc-99m, In-111, I-123, I-125, I-131, Sm-153, Tl-201 ; orii1 x 10⁶ becquerels for the sum of all other radionuclides;
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 2 of Table 2.	gthe concentration of liquid aqueous radioactive waste disposed of from a premises must not exceed 100 becquerels per millilitre;hgaseous radioactive waste must not be disposed of unless—
bthe concentration of radioactivity of a radionuclide does not exceed the value specified in column 2 of Table 2.	iit consists of fugitive releases from a container; andiiit is dispersed from a building in such a way that it does not enter or re-enter a building.ithe total activity of radioactive waste disposed of in normal refuse in a year must not exceed—i2 x 10⁹ becquerels for tritium or C-14,ii2 x 10⁸ becquerels for any other radionuclide,

CHAPTER 2 — Water