Paragraph 35 - The deposit of excavated material from a
borehole or other excavation
What the legislation says:
35. —(1) The deposit of waste consisting of excavated material
from a borehole or other excavation made for the purpose of mineral
exploration if–
(a) it is deposited in or on land at the place where it is
excavated; and
(b) the total quantity of waste so deposited during any period
of 24 months does not exceed 45,000 cubic metres per hectare.
(2) Sub paragraph (1) only applies if–
(a) the drilling of the borehole or the making of any other
excavation is development which is permitted by Class 53 or 54 of
Schedule 1 to the Town and Country Planning (General Permitted
Development) (Scotland) Order 1992; and
(b) the conditions subject to which the development is permitted
are observed. (3) Expressions used in this paragraph which are also
used in the Town and Country Planning (General Permitted
Development) (Scotland ) Order 1992 shall have the same meaning as
in that Order.
Registration Requirements:
Needs to be registered with SEPA but no fee is required.
This exemption can be registered online.
However, establishments and undertakings can still use the paper
form should they wish. This form should be sent to the Registrar at
your local SEPA area office (addresses are given on the form)
The following questions and answers are provided to help you
further understand this exemption:
Q. How long will the registration last? Will it require
renewal at any time?
A. The registration of this exemption is not time limited
but it can be de-registered by SEPA if it is not managed properly
and no longer fulfills the criteria requirements of the exemption
or if the activities cause pollution or harm to health. If the
activity does comply with the exemption criteria the registration
will not have to be renewed except where there is a significant
change to the activity.