Environmental guidance for your business in Northern Ireland & Scotland

Waste

This page provides links to the full text of key pieces of Waste environmental legislation that may affect your business in Scotland. The websites hosting the legislation may list amendments separately.

Recently added legislation can be found at the foot of the page.

If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.

Environmental management systems and environmental reports

Animal By-Products (Enforcement) (Scotland) Regulations 2013 SS1 307

Enforces EU Animal By Products Regulation 106/2009. Sets out rules for dealing with animal by-products not intended for human consumption, including disposal and use, placing on the market, and prohibitions on feeding.Places requirements on operators. Revokes 2011 regulations, SSI 171

The Animal By-Products (Miscellaneous Amendments) (Scotland) Regulations 2015

Amends the 2013 regulations and prevents fish waste from being sent to landfill in remote areas.

Batteries and Accumulators (Placing on the Market) (Amendment) Regulations 2012 SI 1139

Amend 2008/2164 by inserting a new regulation to give effect to the requirement for capacity labelling and the enforcement of this.

The Batteries and Accumulators (Placing on the Market) (Amendment) Regulations 2015

Amends the 2008 regulations by removing the exemption for button cells containing up to 2% Mercury, by removing the exemption for power tool batteries containing cadmium, and makes changes to the wording surrounding the removal of batteries from equipment.

Control of Pollution Act 1974 40 Part III

Sets out local councils' duty to inspect and exercise powers concerning noise abatement zones, and the process for dealing with excess noise and noise from construction sites.

Control of Pollution (Amendment) Act 1989 c.14

Requires carriers of controlled waste to register with the Environment Agency or SEPA and outlines the penalties (including seizure and disposal) for vehicles shown to have been used for illegal waste disposal.

Controlled Waste Regulations 1992 SI 588

Defines household, industrial and commercial waste for waste management licensing purposes.

Controlled Waste (Amendment) Regulations 1993 SI 566

Amends 1992/588 in relation to scrap metal.

Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 SI 1624

Details the system for seizing vehicles used in the commission of waste offences. Establishes a registration system for carriers of controlled waste and provides for the seizure of vehicles used in waste offences.

The Environmental Protection (Duty of Care) (Scotland) Regulations 2014 SSI 4

Requires a transfer note to be signed by the transferor and transferee of waste, specifies information to be included and requires copies to be kept for two years. Includes the use of SIC codes. Enables the use of electronic waste transfer notes. These regulations revoke the Environmental Protection (Duty of Care) Regulations 1991.

End-of-Life Vehicles Regulations 2003 SI 2635

Requires vehicle producers to set up collection, treatment and disposal systems to make sure that components in vehicles can be recovered, reused and recycled at the end of their life.

End-of-Life Vehicles (Amendment) Regulations 2010 SI 1094

Amends 2003/2635 by changing the basis on which exemptions from the restrictions on use of heavy metals in vehicle components are identified. Also provides powers of entry and inspection for the enforcement authorities.

End-of-Life Vehicles (Storage & Treatment) (Scotland) Regulations 2003 SSI 593

Requires certain conditions to be met for site licences covering keeping and treating waste motor vehicles.

End-of-Life Vehicles (Producer Responsibility) Regulations 2005 SI 263

Requires vehicle producers to register and declare responsibility for vehicles they place on the market and apply for approval of their system of collecting vehicles.

End-of-Life Vehicles (Producer Responsibility) (Amendment) Regulations 2010 SI 1095

Amends 2005/263 by making changes to requirements for reporting details of reuse, recycling and recovery rates.

Environment Act 1995

Establishes the Environment Agency and SEPA as the regulatory bodies for contaminated land, control of pollution, conservation or enhancement of the environment and fisheries.

Environmental Protection Act 1990

Establishes in England, Scotland and Wales the structure and authority for waste management and control of emissions into the environment.

EU Regulations 592/2014 amending EU142/2011 as regards the use of animal by-products and derived products as a fuel in combustion plants

Amends EU 142/2011, implementing EC 1069/2009 laying down health rules regarding animal by-products and products not intended for human consumption, as regards the use of animal by-products and derived products as a fuel in combustion plants.

EU Regulation laying down health rules as regards animal by-products and derived products not intended for human consumption 1069/2009

Sets the framework for legal controls on animal by-products.

EU Regulation on Shipments of Waste 1013/2006

Establishes procedures and control regimes for shipping waste depending on its origin, destination and route, and the type of waste and treatment that will be applied.

The Landfill (Scotland) Amendment Regulations 2013 No222

These Regulations further transpose Council Directive 1999/31/EC on the landfill of waste as regards specific criteria for the storage of metallic mercury considered as waste.

Landfill (Scotland) Regulations 2003 SSI 235

Make changes to the waste control regime to cover agricultural waste. Classifies landfill sites, details the permits needed to create and operate a landfill site, and the requirements for care after site closure.

Landfill (Scotland) Amendment Regulations 2003 SSI 343

Amends 2003/235 to clarify the definition of waste and enable the prosecution of Scottish Partnerships or partners of a Scottish Partnership committing an offence under 2003/235.

The Landfill Tax (Scotland) Act 2014

This new legislation gives Scotland the framework to collect and manage the Scottish Landfill Tax (SLfT) and to operate the Scottish Landfill Communities Fund (SLCF). This comes into force on 1 April 2015

Management of Extractive Waste (Scotland) 2010 SSI 60

Implements the Mining Waste Directive 2006/21/EC in Scotland through the planning system. It requires planning permission for extractive waste areas and waste facilities and additional requirements for category A (high risk) waste facilities.

Packaging (Essential Requirements) Regulations 2015

Sets out requirements for packaging which apply to packaging producers, sellers and distributors, including enforcement, offences and penalties. Implements the packaging and packaging waste directive, including the requirement for member states to reduce consumption of lightweight plastic carrier bags. Revokes the 2003 Regulations as amended.

Packaging Waste Directive 2013/2/EU
The changes amend Annex 1 of the Packaging Waste Directive 94/62/EC and seek to clarify what is packaging and what is not.

Producer Responsibility Obligations (Packaging Waste) Regulations 2007 SI 871

Requires producers to recover and recycle packaging waste to achieve EU targets.

Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2008 SI 413

Amends 2007/871 to increase the recovery and recycling targets for 2008, 2009 and 2010 (the recycling target for paper/board and wood are unchanged).

Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010 SI 2849

Amends 2007/871, establishing waste recovery and recycling targets for 2011 and 2012 and making other technical changes.

The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2012 SI 2012 No. 3082

Amends schedule 2 of 2007/871, to include new waste packaging recovery and recycling targets for the years 2012 to 2017 and a new set of targets for waste glass packaging for recycling by re-melt for the years 2013-2017.

Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2013 (SI 2013/1857)

These Regulations amend the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (S.I. 2007/871).They substitute an amended formula for the calculation of the amount of glass packaging waste that a producer must recycle by re-melt. The amended formula ensures that the glass re-melt target is applied to a producer’s glass recycling obligation.

Producer Responsibility Obligations (Packaging waste) (Miscellaneous Amendments) Regulations 2016 SR 241

Amend Producer Responsibility Obligations (Packaging Waste) Regulations 2007/871. Make producer responsibility more efficient by reducing the regulatory burden on businesses.

Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2016

These Regulations establish new recycling targets for plastic for 2016 to 2020 and for glass for 2018 to 2020. The target for recycling by re-melt for 2016 and 2017 is continued for 2018 to 2020. The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2014(a) are revoked.

Special Waste Regulations 1996 SI 972

Provides a definition of 'special waste' in Scotland, to cover all hazardous waste, and regulates waste carriers by requiring them to complete and keep consignment notes.

Special Waste (Amendment) Regulations 1996 SI 2019

Amends 1996/972 by defining special waste in Scotland, to cover all hazardous waste, and regulates waste carriers by requiring them to complete and keep consignment notes.

Special Waste (Amendment) Regulations 1997 SI 251

Amends 1996/972 to revise the qualifications and experience required to deal with special waste.

Special Waste (Scotland) Regulations 1997 SI 257

Establishes that managers of specified waste facilities operated by local councils who meet certain criteria should be treated as technically competent for special waste facilities.

Special Waste Amendment (Scotland) Regulations 2004 SSI 112

Amends the 2004 regulations, defines special waste and sets out controls on labelling, packaging and separating it. Requires consignment notes to be used when special waste is transferred and producers to keep registers of documents for at least 3 years.

Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008 SI 3087

Establishes a system of authorisation and approval for shipping radioactive waste and spent nuclear fuel between member states and into and out of the EU.

Transfrontier Shipment of Waste Regulations 2007 SI 1711

Sets out rules for shipping waste, including within the European Community and importing and exporting to and from countries outside the EC.

Transfrontier Shipment of Waste (Amendment) Regulations 2008 SI 9

Amends 2007/1711 by introducing new penalties for failing to provide proper documentation when exporting waste for recovery.

Transfrontier Shipment of Waste (Amendment) Regulations 2014 SI 861

Amends the Transfrontier Shipment of Waste Regulations 2007 to redefine the competent authorities and transfer some of the responsibilities from the Secretary of State to the Environment Agency, SEPA, DOENI; and Environment Agency to Natural Resources Wales. Provide a power for HMRC to disclose information to competant authorities for enforcement purposes; allow Border Force to stop and detain waste for up to five working days in prescribed circumstances. Make changes to the fees for notification of waste shipments starting or finishing in Northern Ireland.

Waste Batteries and Accumulators Regulations 2009 SI 890

Establishes a legal framework and schemes for collecting, treating and recycling portable, industrial and vehicle batteries. Applies to all types of batteries except when used for military and space equipment.

Waste Batteries (Scotland) Regulations 2009 SSI 247

Amends the Pollution Prevention and Control (Scotland) Regulations 2000/323 to ban incinerating waste industrial and automotive batteries. Amends the Landfill (Scotland) Regulations 2003/235 to ban waste industrial and automotive batteries from landfills.

The Waste Batteries and Accumulators (Amendment) Regulations 2015

Make minor amendments to the 2009 regulations; the removal of the requirement to provide operational plans, removal of the requirement to submit independent audit reports, and allows an “approved person” to delegate the responsibility for signing off reports.

Waste Electrical and Electronic Equipment Regulations 2013 SI 3113

Aim to combat the rapid growth of waste electronic and electrical equipment (WEEE) and its impact on the environment due to its hazardous content. Measures are established for its treatment, reuse, recovery and recycling. From 1 January 2019, the scope of EEE covered by the Regulations changes, incorporating a wider range of products.

The Waste Electrical and Electronic Equipment (Amendment) Regulations SI 2015 No 1968

Amends the 2013 Regulations by adjusting some of the financial obligations of producers and producer compliance schemes. Clarifies the meaning of “WEEE from private households” and the meaning of certain regulations.

Waste Information (Scotland) Regulations 2010 SSI 435

Requires businesses to provide waste data returns to the Scottish Environment Protection Agency upon request.

Waste Management Licensing (Scotland) Regulations 2011 SSI 228

Adds new exemptions. Consolidates the Waste Management Licensing Regulations 1994 and amendments. Removes need for licence holders to have a certificate of technical competence.Requires businesses carrying their own waste to register as Professional Carriers and Transporters of Waste.

Waste Management Regulations 1996 SI 634

Exempts certain activities relating to scrap metal and waste motor vehicles from waste management licensing. Also increases the registration fee and the annual fee for exemption.

Waste (Scotland) Regulations 2005 SSI 22

Amends the Environmental Protection Act 1990 to extend controlled waste to cover mine, quarry and agricultural waste.Categorises mine and quarry waste as industrial and agricultural waste as commercial.

Waste (Scotland) Regulations 2011 SSI 226

Enables the partial suspension, revocation, transfer and surrender of site licences, and allows licences held by the same person to be consolidated if they cover the same site or more than one mobile plant.

Waste (Scotland) Regulations 2012

The regulations introduce a number of important new requirements including the segregation of materials such as glass, metal, plastics, paper and card for recycling. It also introduces the requirement for food businesses to present food waste for collection and a ban on sending segregated materials for incineration or to landfill. Waste contractors must provide services that enable high quality recycling.

The Waste Management Licensing (Scotland) Amendment Regulations 2016

Removes waste tyres from the list of materials that can be treated for recovery or reuse under a paragraph 11 exemption. Also removes tyres from the list of waste types that can be stored under a paragraph 17 exemption.

Pollution Prevention and Control (Scotland) Regulations 2012 (SSI 2012/360)

Sets out a system to control pollution from any installation or mobile plant carrying out specified activities through permits, inspections and control of emissions. Covers the inclusion of best available techniques (BAT) and standard rules in permits. Replaces (revokes) previous PPC legislation and The Waste Incineration (Scotland) Regulations 2003 .

The Waste (Recyclate Quality) (Scotland) Regulations 2015 SSI 101

Requires the holder of a Waste Management Licence to comply with the Materials Recovery Code. Also a PPC permit for the running of a waste recovery facility must contain a requirement to comply with the Materials Recovery Code.

The Waste (Meaning of Hazardous Waste and European Waste Catalogue) (Miscellaneous Amendments) (Scotland) Regulations 2015.

Amend a number of pieces of legislation to bring into effect the changes introduced by Commission Decision 2014/955/EU amending Decision 2000/532/EC on the list of waste. Introduces amendments to the list of wastes in the European Waste Catalogue. The changes come into effect on 1 June 2015.

Recently Added Legislation

2014

The Environmental Protection (Duty of Care) (Scotland) Regulations 2014 SSI 4

Requires a transfer note to be signed by the transferor and transferee of waste, specifies information to be included and requires copies to be kept for two years. Includes the use of SIC codes. Enables the use of electronic waste transfer notes. These regulations revoke the Environmental Protection (Duty of Care) Regulations 1991.

Transfrontier Shipment of Waste (Amendment) Regulations 2014 SI 861 Came into force: 1st May 2014 Amends the Transfrontier Shipment of Waste Regulations 2007 to redefine the competent authorities and transfer some of the responsibilities from the Secretary of State to the Environment Agency, SEPA, DOENI; and Environment Agency to Natural Resources Wales. Provide a power for HMRC to disclose information to competant authorities for enforcement purposes; allow Border Force to stop and detain waste for up to five working days in prescribed circumstances. Makes changes to the fees for notification of waste shipments starting or finishing in Northern Ireland.

EU Regulations 592/2014 amending EU142/2011 as regards the use of animal by-products and derived products as a fuel in combustion plants Came in to force: 24th June 2014

Amends EU 142/2011, implementing EC 1069/2009 laying down health rules regarding animal by-products and products not intended for human consumption, as regards the use of animal by-products and derived products as a fuel in combustion plants.

Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2016

These Regulations establish new recycling targets for plastic for 2016 to 2020 and for glass for 2018 to 2020. The target for recycling by re-melt for 2016 and 2017 is continued for 2018 to 2020. The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2014(a) are revoked.

The Landfill Tax (Scotland) Act 2014

This new legislation gives Scotland the framework to collect and manage the Scottish Landfill Tax (SLfT) and to operate the Scottish Landfill Communities Fund (SLCF). This comes into force on 1 April 2015

2015

The Batteries and Accumulators (Placing on the Market) (Amendment) Regulations 2015

Amends the 2008 regulations by removing the exemption for button cells containing up to 2% Mercury, by removing the exemption for power tool batteries containing cadmium, and makes changes to the wording surrounding the removal of batteries from equipment.

The Waste (Recyclate Quality) (Scotland) Regulations 2015 SSI 101

Requires the holder of a Waste Management Licence to comply with the Materials Recovery Code. Also a PPC permit for the running of a waste recovery facility must contain a requirement to comply with the Materials Recovery Code.

The Waste (Meaning of Hazardous Waste and European Waste Catalogue) (Miscellaneous Amendments) (Scotland) Regulations 2015.

Amend a number of pieces of legislation to bring into effect the changes introduced by Commission Decision 2014/955/EU amending Decision 2000/532/EC on the list of waste. Introduces amendments to the list of wastes in the European Waste Catalogue. The changes come into effect on 1 June 2015.

Packaging (Essential Requirements) Regulations 2015 Sets out requirements for packaging which apply to packaging producers, sellers and distributors, including enforcement, offences and penalties. Implements the packaging and packaging waste directive, including the requirement for member states to reduce consumption of lightweight plastic carrier bags. Revokes the 2003 Regulations as amended.

The Waste Batteries and Accumulators (Amendment) Regulations 2015

Make minor amendments to the 2009 regulations; the removal of the requirement to provide operational plans, removal of the requirement to submit independent audit reports, and allows an “approved person” to delegate the responsibility for signing off reports.

The Animal By-Products (Miscellaneous Amendments) (Scotland) Regulations 2015

Amends the 2013 regulations and prevents fish waste from being sent to landfill in remote areas.

The Waste Electrical and Electronic Equipment (Amendment) Regulations SI 2015 No 1968

Amends the 2013 Regulations by adjusting some of the financial obligations of producers and producer compliance schemes. Clarifies the meaning of “WEEE from private households” and the meaning of certain regulations.

2016

The Waste Management Licensing (Scotland) Amendment Regulations 2016Removes waste tyres from the list of materials that can be treated for recovery or reuse under a paragraph 11 exemption. Also removes tyres from the list of waste types that can be stored under a paragraph 17 exemption.

Producer Responsibility Obligations (Packaging waste) (Miscellaneous Amendments) Regulations 2016 SR 241

Amend Producer Responsibility Obligations (Packaging Waste) Regulations 2007/871. Make producer responsibility more efficient by reducing the regulatory burden on businesses.

Current Legislation

Enforces EU Animal By Products Regulation 106/2009. Sets out rules for dealing with animal by-products not intended for human consumption, including disposal and use, placing on the market, and prohibitions on feeding.Places requirements on operators. Revokes 2011 regulations, SSI 171

Animal By-Products (Enforcement) (Scotland) Regulations 2013 

Whats new on NetRegs

  • December NetRegs Updates

    Did you miss December's NetRegs Update? You can view them here <Scotland Update> <Northern Ireland Update> or visit the updates archive pages on this website.

  • LIFE SMART Waste project news

    The latest LIFE SMART Waste e-newsletter has been published to highlight the project’s progress towards demonstrating innovative ways of understanding, tackling and reducing waste-related crime in Europe. <Read more>

  • SEPA unveils new waste to resources framework

    A new framework for tackling waste has been unveiled by the Scottish Environment Protection Agency (SEPA), focussing on how SEPA will support a circular economy in Scotland.
    One Planet Prosperity – A Waste to Resources Framework

  • Waste – Duty of Care Roles and Responsibilities

    The Northern Ireland Environment Agency has published a short guide to the duty of care responsibilities including advice and information for waste producers, carriers and those accepting, storing and treating waste.

    https://www.daera-ni.gov.uk/publications/waste-duty-care-responsibilities

  • Please let us know your thoughts on our new website

    What do you think about our new and improved website. We want your feedback on what you like, what you don’t like and ways we can continue to improve the website. Follow the link to complete the very short survey: NetRegs website – User feedback

  • NEW guidance on Environmental Management Systems

    We have recently updated and improved our guidance on Environmental Management Systems (EMS). You can find the guidance via the Environmental Topics tab or alternatively select the following link Environmental Management Systems (EMS).

  • Consultation on proposed changes to the packaging recycling business targets

    See NI Future legislation or Scotland Future legislation for details of the Consultation

  • NetRegs SMEnvironment survey 2016

    NetRegs has carried out a survey of environmental awareness among SMEs. There are separate reports for Scotland and Northern Ireland.

  • NIEA Guidance - Greenfield Excavated Matrials in Construction

    NIEA and the CEF have developed a Regulatory Position to promote Sustainable re-use of natural excavated material from Greenfield sites.

    NIEA: Guidance on the Regulation of Greenfield Excavated Materials in Construction and Development

  • New GPP 2 Above Ground Oil Storage

    The replacements for the PPGs are being developed. Now available GPP 2 Above Ground Oil Storage

  • SEPA Consultation on an Intergated Authorisation Framework

    SEPA is asking for your views on the proposals for integrated authorisations.

    Consultation documents

  • GPP 24 Stables, Kennels and Catteries

    NEW GPP 24 now available: Stables, Kennels and Catteries

NetRegs on NetRegs on youTube

View our latest videos & subscribe to our channel.

NetRegs Update Newsletter

Free monthly email newsletter with environmental updates for Northern Ireland and Scotland

Sign up for free today!

Permits

NIEA - Apply online

SEPA - Application forms