Legislation
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This section details legislation which has environmental relevance to the Services we provide as a Council. Further Legislation and information can be obtained from Netregs.
Legislation Topic
Air / Chemical / Energy / Land / Waste
A1
An Act to consolidate the Clean Air Acts 1956 and 1968 and certain related enactments, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.
Covers prohibition of dark smoke, smoke control areas,
Applicable to all furnaces, and all industrial and trade premises.
A2
Establishes tax for various commodities
Applicable to Landfill Tax
A3
Pollution Prevention and Control Act 1999
Pollution Prevention and Control (Scotland) Regulations 2000, SSI 323
Pollution Prevention and Control (Scotland) (Amendment) Regulations 2003, SSI 146
Pollution Prevention and Control (Scotland) Amendment Regulations 2004, SSI 110
An Act to make provision for implementing Council Directive 96/61/EC and for otherwise preventing and controlling pollution; to make provision about certain expired or expiring disposal or waste management licences; and for connected purposes. Provides for the regulation of polluting activities
Applicable to all waste management sites and polluting activities.
A4
Air Quality Limit Values (Scotland) Regulations 2003, SSI 428
Establish limit values and targets for ambient air quality
Environmental Health Monitor and Report.
A5
Notification of Cooling Towers and Evaporative Condensers Regulations 1992, SI 2225
Requirement to notify cooling towers and Evaporative condensers
C1
Requires planning consent for storage of hazardous substance
Planning enforcement
C2
Carriage of Dangerous Goods by Road Regulations 1996, SI 2095
Carriage of Dangerous Goods (Amendment) Regulations 1998, SI 2885
Regulations governing the carriage of goods by roads
Applicable to services assigning or transporting dangerous goods.
E1
Building Standards (Scotland) Regulations 1990, SI 2179
Building Standards (Scotland) Amendment Regulations 2001, SSI 320
Building Standards and Procedure Amendment (Scotland) Regulations 1999, SSI 173
Sets out building control standards.
Applicable to Building Control and building design and construction
L1
Establishes SEPA and its regulatory powers
Applicable to all services with a potential impact on the environment.
L2
Regulatory powers relating to Land, Water and Air. establishes duty to collect and dispose of household and commercial waste, places duties with regard to Litter and other controls
Applicable to all services with a potential impact on the environment.
L3
plus Amendment 2009, SSI 7 Regulation of the production, collection and disposal of animal by products
Relevant to waste services.
L4
Contaminated Land (Scotland) Regulations 2000, SI 178
Contaminated Land (Scotland) Regulations 2005, SSI 658
Regulation for the classification and remediation of contaminated land.
Relevant to Environmental Health.
L5
plus Amendment 2003, SSI 343 Set out the controls and regulations for implementing the Landfill directive
Relevant to Waste Services
W1
Registration of Waste Carriers
Local Auhtority is exempt, but contractors used to carry waste must be registered with SEPA
W2
Enabling Act establishing requirements for national waste strategy, National air Quality, establishing SEPA, flooding etc.
Applicable to the work of Environmental Health, Planning and others
W3
Provides for the control and enforcement of waste, establishes local authority duties with regard to waste, deals with public nuisances .
Applicable to the duty to collect and dispose of household waste
W4
Establishes duties in relation to the diversion of biodegradable waste from landfill
Applicable to Waste Management Services.
W5
plus Amendment 2009, SSI 7 Requires registration of premises dealing with animal by products.
Applicable to Gremista Landfill and Energy Recovery Plant
W6
plus Amendment 1993, SI 566 Provides definitions for household commercial and industrial waste
Applicable to the Cleansing and Waste service
W7
Environmental Protection (Duty of Care) Regulations 1991, SI 2839
plus Amendment 2003, SSI 533 Requirement for duty of care by producer, carrier and disposer of waste
Applicable to all industrial and commercial producers of waste
W8
plus Amendment 2003, SSI 343 Establishes criteria for Landfill operation and control and acceptance of wastes
Applicable to Landfill operations
W9
The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 SI 871
plus Amendment 2008, SI 413
plus Amendment 2005, SSI 271 Establishes obligations on producers and manufacturers to recycle packaging and for reprocessors
Applicable to the Energy Recovery Plant packaging waste
W10
Special Waste Regulations 1996, SI 972
Special Waste (Amendment) Regulations 1996, SI 2019
Special Waste (Amendment) Regulations 1997, SI 251
Special Waste Amendment (Scotland) Regulations 2004, SSI 112
Establishes criteria for determining, shipping and disposing of special waste
Relevant to all producers carriers and disposers of special waste
W11
plus Amendment 2008, SI 9 Regulates shipping of waste overseas
Relevant to export of recyclate
W12
Regulates waste incineration in line with waste incineration directive.
Applicable to waste strategy and Energy Recovery Plant
W13
plus Amendment 1995, SI 288 plus Amendment 1995, SI 1950 plus Amendment 1996, SI 1279 plus Amendment 1997, SI 2203 plus Amendment 1998, SI 606 plus Amendment 2003, SSI 171 plus Amendment 2004, SSI 275 plus Amendment 2006, SSI 128 plus Amendment 2006, SSI 541 plus Amendment 2007, SSI 172 Regulates management and licensing of waste facilities
Waste Services landfill, treatment, transfer of waste
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