Biodegradable municipal waste landfill ban
Legislation context
The Waste (Scotland) Regulations 2012 set out a number of provisions which help Scotland move toward the objectives and targets set out in the Scotland’s Zero Waste Plan and help transition toward a circular economy. These provisions include a ban on biodegradable municipal waste going to landfill from the 31 December 2025 which is implemented by amending the Landfill (Scotland) Regulations 2003. The purpose of this ban is to:
- reduce waste landfilled by directing residual waste to alternative treatment;
- extract remaining resource value from the residual waste stream;
- reduce greenhouse gas emissions from landfilling biodegradable waste.
To help all stakeholders prepare for the ban, SEPA, in collaboration with industry and local authority representatives have produced a guidance document on Biodegradable Municipal Waste landfill ban. The guidance helps stakeholders understand what is classed as biodegradable municipal waste, how to decide if your waste is biodegradable municipal waste, what treatment options are available and how the ban will be implemented.
Temporary enforcement approach
Work to end the landfilling of biodegradable municipal waste has reduced levels to the lowest seen since our records began. However, not all required treatment capacity and logistics will be in place by the end of this year. Additional energy-from-waste facilities are being built and are expected to begin operating between 2026 and 2027 alongside ongoing efforts to reduce, reuse and recycle more waste.
To support a transition, SEPA has published a temporary regulatory position statement (TRPS) on the Ban on Landfilling Biodegradable Municipal Waste. Where its conditions are met, SEPA will not enforce the ban for up to two years. This approach is intended to maintain environmental protection and minimise whole-system greenhouse gas emissions during the current capacity gap, for example by avoiding long-distance haulage or export. Operators should continue to prioritise waste prevention, reuse, recycling and available non-landfill treatment, and keep the records required by the TRPS.
The landfill ban will take full effect from 1 January 2028.
For detailed requirements, including the evidence needed to rely on the TRPS, please view:
- the BMW landfill ban temporary regulatory position statement
- the BMW landfill ban notification form for operators
Other sources of information
If you have any questions or enquiries regarding the ban, please contact us.