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Some activities involving waste materials are exempt from licensing if they meet the requirements detailed in Regulation 17 of the Waste Management Licensing Regulations 1994, as amended by the Waste Management Licensing Amendment (Scotland) Regulations 2003 (the “Regulations”). Although an activity may be exempt from waste management licensing, it is still subject to statutory controls to prevent environmental pollution and harm to human health.
The controls under Regulation 18 relate to registration of exempt activities. The controls under Regulation 17 relate to certain conditions being met in order for the activity to be exempt, which includes the requirement that the activity must not endanger human health or harm the environment by:
- presenting a risk to water, air, soil, plants or animals;
- causing nuisance through noise or odours; or
- adversely affecting the countryside or places of special interest.
It is an offence to carry out an exempt activity without it being registered or to carry out an activity in breach of registration obligations.
Registration:
Only “Establishments or Undertakings” (i.e. sole trader, company, partnership, authority, society, trust, club, charity or other organisation) are required to register. Private individuals and householders do not have to register.
Paragraphs 1, 2, 3, 4, 5, 6, 8(1), 11, 13, 14, 15, 16, 17, 18, 20, 21, 22, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 43, 44 and 48 are termed “Simple Exemptions” by SEPA. These activities must be registered with SEPA before they commence however there is no fee for registration. The registration lasts as long as you are carrying out the activity. These exemptions can now be registered online.
Activities carried out under Paragraphs 7, 8(2), 9, 10, 12, 19, 42, 45, 46 and 47 are termed “Complex Exemptions” by SEPA. These activities must also be registered with SEPA before they commence. A registration fee must be paid. These registrations last for 12 months and can be renewed by submitting a renewal form and renewal fee to SEPA.
Paragraphs 7, 8(2), 9, 10, 12, 19, 42, 46 and 47 must be registered at least 21 days before the activity is to be carried out using a standard SEPA registration form. Copies of the form can be obtained from your local SEPA office or downloaded from this web site using the links below. SEPA Guidance Notes are also available to assist with completion of the form.
When SEPA receives a registration form, it will determine whether or not the activity should be registered. Within 21 days you will receive either confirmation of the registration or notice that the registration has been refused. It should be noted that SEPA can now remove the activity from the Register where it breaches the legal requirements; in such circumstances it would be an offence to continue to carry on the activity.
Notification / Registration Forms
 Simple Exemption Notification Form (172k) (Note online registration is available but you can still use the paper form if you wish)
WMX-FM7 - Form to register or renew a paragraph 7 exemption (224k)
WMX-FM8(2) - Form to register or renew a paragraph 8(2) exemption (130k)
WMX-FM9 - Form to register or renew a paragraph 9 exemption (219k)
WMX-FM10 - Form to register or renew a paragraph 10 exemption (123k)
WMX-FM12 - Form to register or renew a paragraph 12 exemption (204k)
WMX-FM12small - Form to register or renew a paragraph 12 exemption (94k) (for small scale composting at business or education facilities)
WMX-FM19 - Form to register or renew a paragraph 19 exemption (166k)
WMX-FM42 - Form to register or renew a paragraph 42 exemption (119k)
WMX-FM45 - Form to register or renew a paragraph 45 exemption (138k)
WMX-FM46 - Form to register or renew a paragraph 46 exemption (111k)
WMX-FM47 - Form to register or renew a paragraph 47 exemption (122k)
Guidance
 WMX-TG7 - Technical Guidance Note for Paragraph 7 exemptions (77k)
WMX-TG8 - Technical Guidance Note for Paragraph 8 exemptions (52k)
WMX-TG9 - Technical Guidance Note for Paragraph 9 exemptions (78k)
WMX-TG19 - Technical Guidance Note for Paragraph 19 exemptions (53k)
WMX-TG43+48 - Technical Guidance Note for Paragraph 43 and 48 exemptions (21.5k)
WMX-TG47 - Technical Guidance Note for Paragraph 47 exemptions (53k)
Technical Guidance for Paragraphs 45 and 46 is provided at the end of the registration forms. There is currently no guidance for Paragraphs 10, 12 or 42 exemptions as these are thought to be self explanatory.
Individual Paragraph Details:
The details of each paragraph can be found by clicking on the links below: You may also find the following tool useful:
Paragraph 1 - The use of waste glass in glass manufacture and production
Paragraph 2 - Operation of a scrap metal furnace
Paragraph 3 - Burning of waste as a fuel
Paragraph 4 - Cleaning, washing, spraying or coating of waste packaging and containers
Paragraph 5 - Burning waste as a fuel in an appliance & recovery of fuel from waste vegetable oils
Paragraph 6 - Burning waste oil as a fuel in specified engines
Paragraph 7 - The treatment of land for agricultural benefit or ecological improvement
Paragraph 8 - The storage and spreading of sludge
Paragraph 9 - The reclamation or improvement of land
Paragraph 10 - Reception and treatment of specified waste at a Water Treatment Works
Paragraph 11 - Baling, sorting, shredding etc. of specified wastes
Paragraph 12 - Composting
Paragraph 13 - Manufacture of specified goods from specified wastes
Paragraph 14 - The manufacture of finished goods & repair/refurbishment of waste goods
Paragraph 15 - Beneficial use of waste without further treatment
Paragraph 16 - The use of baled tyres in engineered works
Paragraph 17 - Storage of specified wastes in a secure place
Paragraph 18 - Secure storage of specified wastes on any premises
Paragraph 19 - Waste for construction and other "relevant work"
Paragraph 20 - Cleaning waste textiles for recovery
Paragraph 21 - Chipping etc waste plant matter
Paragraph 22 - Recovery of silver
Paragraph 23 - The recovery of animal by product wastes
Paragraph 24 - Size reduction of bricks, tiles or concrete
Paragraph 25 - The deposit of dredging wastes
Paragraph 26 - The recovery/disposal of waste at the place of production as part of the production process
Paragraph 27 - Baling, compacting, crushing or shredding waste at the place it was produced
Paragraph 28 - The use of autoclaves to sterilise waste
Paragraph 29 - The disposal of waste at the place of production by burning in an incinerator
Paragraph 30 - Burning plant tissue waste on land in the open
Paragraph 31 - Discharge of sanitary waste from a passenger train
Paragraph 32 - Burial of sanitary waste from a removable receptacle
Paragraph 33 - Keeping or deposit of peat excavation waste
Paragraph 34 - Keeping or deposit of spent railway ballast
Paragraph 35 - The deposit of excavated material from a borehole or other excavation
Paragraph 36 - Temporary storage of specified waste at a harbour
Paragraph 37 - Burial of a dead domestic pet
Paragraph 38 - The deposit or storage of samples of waste for testing or analysis
Paragraph 39 - Secure Storage of medical, nursing or veterinary wastes
Paragraph 40 - Secure storage of non-liquid waste other than at the place of production
Paragraph 41 - Temporary storage of waste at the place of production
Paragraph 42 - The disposal of waste pesticide solutions or washings in a lined biobed
Paragraph 43 - Crushing of waste gas discharge lamps
Paragraph 44 - Heating metal in an authorised furnace
Paragraph 45 - The recovery of scrap metal or the dismantling of motor vehicles
Paragraph 46 - The burning of plant tissue or wood at a dock
Paragraph 47 - Repair and/or refurbishment of WEEE
Paragraph 48 - The storage of WEEE pending recovery elsewhere
For full details of regulatory requirements, reference should be made to the relevant Regulations, available from The Stationary Office. The following links provide access to the relevant Regulations:
A general information leaflet has been published by SEPA, which can be downloaded here (in pdf format) or sent to you by our Publications Department at Corporate Office.
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