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 (Scotland) Regulations 2011 (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 19 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, 27*, 28, 29, 30,
31, 32, 33, 34, 35, 36*, 37*,
38, 39, 40*, 41*, 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).* where waste is
stored at the place of production, does not involve recovery or
disposal of waste, or where the activity is being carried out by an
individual rather than an establishment or undertaking, it does not
have to be registered.
Activities carried out under Paragraphs 7, 8(2), 9, 10, 12, 19,
42, 45, 46, 47, 49, 50 and 51 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, 47, 49, 50 and
51 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
| Form |
Description |
File |
| WMX-FM7 |
Form to register or renew a paragraph 7 exemption |
 363k |
| WMX-FM8(2) |
Form to register or renew a paragraph 8(2) exemption |
191k |
| WMX-FM9 |
Form to register or renew a paragraph 9 exemption |
314k |
| WMX-FM10 |
Form to register or renew a paragraph 10 exemption |
190k |
| WMX-FM12 |
Form to register or renew a paragraph 12 exemption |
307k |
| WMX-FM12small |
Form to register or renew a paragraph 12 exemption
(for small scale composting at business or education
facilities) |
142k |
| WMX-FM19 |
Form to register or renew a paragraph 19 exemption |
241k |
| WMX-FM42 |
Form to register or renew a paragraph 42 exemption |
177k |
| WMX-FM45 |
Form to register or renew a paragraph 45 exemption
Note: For Paragraph 45 renewals, please also fill
out: |
137k |
| |
Annual Return
Form for Exempt Activities (Word version) OR |
193k |
| |
Annual Return
Form for Exempt Activities (PDF version) |
 173k |
| WMX-FM46 |
Form to register or renew a paragraph 46 exemption |
166k |
| WMX-FM47 |
Form to register or renew a paragraph 47 exemption |
182k |
| WMX-FM49 |
Form to register or renew a paragraph 49 exemption |
157k |
| WMX-FM50 |
Form to register or renew a paragraph 50 exemption |
284k |
| WMX-FM51 |
Form to register or renew a paragraph 51 exemption |
207k |
Guidance
| Document |
Description |
File |
| WMX-TG7 |
Technical Guidance Note for Paragraph 7 exemptions |
135k |
| WMX-TG8 |
Technical Guidance Note for Paragraph 8 exemptions |
93k |
| WMX-TG9 |
Technical Guidance Note for Paragraph 9 exemptions |
111k |
| WMX-TG12 |
Technical Guidance Note for Paragraph 12 exemptions |
90k |
| WMX-TG19 |
Technical Guidance Note for Paragraph 19 exemptions |
99k |
| WMX-TG43+48 |
Technical Guidance Note for Paragraph 43 and 48 exemptions |
21k |
| WMX-TG47 |
Technical Guidance Note for Paragraph 47 exemptions |
98k |
| WMX-TG49 |
Technical Guidance Note for Paragraph 49 exemptions |
71k |
| WMX-TG51 |
Technical Guidance Note for Paragraph 51 exemptions |
112k |
Technical Guidance for Paragraphs 45 and 46 is provided at the
end of the registration forms. There is currently no guidance for
Paragraphs 10 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
(283k)
- 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 screening of
specified wastes
- 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
- Paragragh 49 - The treatment of
waste organophosphate sheep dip
- Paragraph 50 - The mixing of pig or
poultry ash for treatment of land
- Paragraph 51 - The anaerobic
digestion of agricultural or distillery waste
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.