Scottish waste legislation

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.

Waste legislation for Scotland controls the generation, transportation and disposal of waste within the European Union and the shipment of waste into and out of the EU. It covers controlled waste, duty of care, registration of carriers and brokers, waste management licensing, landfill, hazardous waste, producer responsibility, packaging waste, end-of-life vehicles, waste electrical and electronic equipment (WEEE) and the transfrontier shipment of waste.

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.

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

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 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.

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 2003 SI 1941
Sets out essential requirements for packaging which apply to packaging producers, sellers and distributors, including enforcement, offences and penalties.

Packaging (Essential Requirements) (Amendment) Regulations 2004 SI 1188
Amends 2003/1491 to update the definition of packaging.

Packaging (Essential Requirements) (Amendment) Regulations 2006 SI 1492
Amends 2003/1941 by substituting a new definition of 'packaging' and making indefinite the conditions for a derogation for glass packaging in relation to heavy metal concentration levels.

Packaging (Essential Requirements) (Amendment) Regulations 2009 SI 1504
Amends 2003/1941 by removing 4th March 2009 expiry date for the derogation
(permission to carry out an otherwise banned activity) on maximum heavy metal concentration levels for plastic crates or pallets.

The Packaging (Essential Requirements) (Amendment) Regulations 2013 SI 2212
These Regulations amend the 2003 Regulations and implement the definition of packaging provided in the revised Packaging Directive 2013/2/EU

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.

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.

Waste Batteries and Accumulators Regulations 2009 SI 890 (Adobe PDF – 275.8KB)
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.

Waste Electrical and Electronic Equipment Regulations 2006 SI 3289
Aims to reduce the amount of WEEE sent to landfill. Requires producers of electrical and electronic equipment to register and cover the costs of collecting, treating, recovering and disposing of equipment when it reaches the end of its life.

Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 SI 2957
Amends 2006/3289 by improving the Producer Compliance Scheme approval process and reducing the administrative burden on business by simplifying the data reporting requirements and the evidence system.

Waste
Electrical and Electronic Equipment (AmendmentN)(No2) Regulations 2009 SI 3216
Corrects a defect in 2009/2957 by requiring producers of electrical and electronic equipment for domestic use to report details quarterly, and annually for all other EEE.

Waste Electrical and Electronic Equipment (Amendment) Regulations 2010 SI 1155
Amends 2006/3289 replacing 'dangerous substance or preparation' with 'dangerous substance or mixture' and (as from 1 December 2010 and 1 June 2015) substitutes new definitions of 'dangerous substance or mixture'.

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.

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 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.

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 .