Better waste regulation

Managing waste through modern and effective regulation is essential to Scotland’s success both now and for the future. Scotland needs a system of controls over waste that the people and businesses can trust and respect and which will achieve the best possible outcomes for the Scottish environment, wider society and the economy. Economic growth and sustainable production and consumption can go hand in hand but changes need to be made now to the way these controls are applied.

The situation is complex as there are local, regional, national and global issues to consider. We want to help to create an attractive place to do business whilst getting the maximum value and enjoyment from our natural and built environment. This is extremely challenging.

In recent years we have successfully reduced our dependency on landfill disposal by increasing the availability of recycling services and more sustainable treatment technologies. This will continue but much remains to be done if we are to fully realise the benefits. A modern and effective approach to regulation is required to reduce waste production but also to significantly increase the reuse, recycling and sustainable treatment of waste in Scotland.

Investment in new technology and services will help to create the conditions for success, and new jobs and business opportunities will flow from this. A key aspect of this will be to ensure that the legislative system keeps pace and deals with the potential environmental hazards in a proportionate, targeted and customer-focused way.

Legislation on waste was written at a time when Scotland’s principal means of dealing with waste was to landfill it. New policies, practices and technologies have emerged in recent years which mean that the legislative controls could be improved to encourage innovation and ensure that the aims and requirements of the Waste Framework Directive are delivered in their modern context. The Scottish Government and the Scottish Environment Protection Agency (SEPA) wish to simplify the system yet safeguard the high levels of environmental and human health protection.

The Scottish Government and SEPA remain committed to the principles of better regulation. A regime designed around better regulatory principles should:

  • eliminate outdated or unnecessary provisions in legislation;
  • consolidate, streamline or merge regulatory regimes where possible;
  • base regulatory permitting, inspection and enforcement on sound risk principles;
  • ensure where companies break the law that enforcement can be swift and effective;
  • minimise the administrative burdens on companies and regulators wherever possible;
  • empower regulators to enforce regulations in a fair, consistent and proportionate manner;
  • promote best practice and advice to regulated companies wherever possible.