Activities exempt from Waste Management Licensing
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 (see registration forms
below).
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
Guidance
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:
- Exemption
Guide by Waste Type
(161k
Excel)
- 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
(610k) or sent to you by our
Publications Department at Corporate
Office.