In 2012, the Scottish parliament passed the Waste (Scotland) Regulations 2012, which included a ban on biodegradable municipal waste (BMW) going to landfill.
The ban was expected to take effect from January 2021, prompting industry fears that an extra 1m tonnes of BMW could be landfilled in England.
The revised EU Waste Framework Directive was transposed into Scottish law by: These Regulations will amend:The Waste (Scotland) Regulations 2012 (SSI 2012/148)
22 May 2012
Commentary
2013-01-23T00:00:00.000Z Regulation 3 revoked by the Pollution Prevention and Control (Scotland) Regulations 2012 from 7 January 2013
Compliance Dates
17/05/2012 Comes into force for Scotland only (see Regulation 1)
Legal Outline
Date from
Obligated
Obligation
Provision
In force
persons who collect and transport controlled wastes
keep separate all separately collected wastes
Section 34(2I) and (2J)
In force
persons who produce or manage controlled waste
take reasonable steps to ensure that high quality waste is available for recycling and to prevent any other person contravening that duty
Section 34(2L)
In force
local authorities
promote the separate collection and recycling of waste
Section 45C
1 January 2014
local authorities
provide receptacles for the separate collection of dry recyclable waste, under specified circumstances
Section 45C
1 January 2014
persons who produce controlled waste, other than occupiers of domestic properties
ensure the separate collection of dry recyclable waste (metals, plastics, paper, card and glass) and food waste of more than 50kg/week
Sections 34(2E) and (2J)
1 January 2016
local authorities
provide receptacles for the separate collection of food waste, under specified circumstances
Section 45C
1 January 2016
persons who control or manage a food business
ensure the separate collection of food waste of more than 5kg/week
Section 34(2F) to (2H)
1 January 2016
persons who produce food waste other than on domestic properties or in a rural area
ensure that the waste is not deposited in a drain or sewer
Section 34 (2E) and (2J)
Date from
Obligated
Obligation
Provision
1 July 2012
SEPA
ensure that any permit granted or varied attaches such conditions to ensure that, where practicable, waste (including non-ferrous metals and hard plastics) is not burnt
Regulation 9B
1 January 2014
SEPA
ensure that any permit granted or varied attaches such conditions as to ensure that separately collected wastes are neither mixed with other wastes or materials where doing so would hamper further recycling, or burnt if capable of being recycled
Regulation 9A
Date from
Obligated
Obligation
Provision
1 January 2014
operator of a landfill
not accept separately collected waste
Regulation 11(1)(fb)
1 January 2021
operator of a landfill
not accept biodegradable municipal waste
Regulation 11(1)(fc)
Date from
Obligated
Obligation
Provision
In force
Persons engaged in exempt activities for the purposes of SSI 2011/228
ensure that separately collected wastes are not mixed with other wastes or materials where doing so would hamper further recycling.
Regulation 17(4A)
1 January 2014
SEPA
require that a waste management licence, granted or varied by the waste regulation authority, must include such conditions necessary to ensure that separately collected wastes are not mixed with other wastes or materials, where doing so would hamper further recycling, among other things
Regulation 13A Characteristics
Subject
Waste Source
OPSI (Office of Public Sector Information) Affected Sectors
Accommodation and Catering, Cross-sector, Food Products, Beverages And Tobacco, Metal, Offices, Real Estate and Public Administration, Plastics, Public Sector, Recycling, Rubber And Plastic Products, Waste and Cleaning
However, following a government-commissioned market report which highlighted the lack of readiness in both the private and public sector, this has been pushed back.
The environment secretary Roseanna Cunningham, announced the deferral yesterday, emphasising that progress towards a ban by 2025 at the latest must be maintained in line with recommendations from the Committee on Climate Change (CCC).
In a letter sent to industry, she said the scottish landfill tax would be increased to provide a “further incentive” to reach compliance with the ban as soon as possible.
She added that a “centrally coordinated intervention” to help local authorities procure solutions for the remaining tonnage of waste would also help provide “the necessary contract length” to support investment.