Scotland pushes landfill ban back to 2025

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 Waste (Scotland) Regulations 2012 (SSI 2012/148)

Document Status: In force/Current

Scope: Scotland, UK

Key Dates SHOW

Commentary:

2013-01-23T00:00:00.000Z Regulation 3 revoked by the Pollution Prevention and Control (Scotland) Regulations 2012 from 7 January 2013

Compliance:

17/05/2012 Comes into force for Scotland only (see Regulation 1)

Legal Status SHOW

These Regulations provide for the collection, transport and treatment of dry recyclable waste and food waste, so as to implement the revised EU Waste Framework Directive 2008/98/EC (particularly Articles 11(1) and 22 on re-use and recycling and bio-waste respectively) and Scotland’s Zero Waste Plan. These measures are achieved through the amendment of existing waste legislation (see Legal Outline). The Regulations come into force on 17 May 2012 and extend to Scotland only (see Regulation 1). They are amended by the Pollution Prevention and Control (Scotland) Regulations 2012 (SSI 2012/360), so as to revoke Regulation 3.

Legal Outline

The revised EU Waste Framework Directive was transposed into Scottish law by:

• the Waste Management Licensing (Scotland) Regulations 2011 (SSI 2011/228); and
• the Waste (Scotland) Regulations 2011 (SSI 2011/226).

These Regulations will amend:

• the Environmental Protection Act 1990, so as to impose the following obligations:

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)

• the Pollution Prevention and Control (Scotland) Regulations 2000 (SSI 2000/323, as previously amended), so as to

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

• the Landfill (Scotland) Regulations 2003 (SSI 2003/235, as previously amended), where the following obligations will apply

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)

• the Waste Management Licensing (Scotland) Regulations 2011, so as to

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

For a complete overview:

View ENDS Summary

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.