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Proposals to improve waste handling

26/01/2004

Proposals for bringing non-mineral wastes from mines and quarries, and farm wastes within the regulations covering all other waste in Scotland were published today.

Deputy Minister for Environment and Rural Development Allan Wilson welcomed the publication of Executive proposals to further tighten controls on the handling of such waste.

The proposals also make it an offence to treat, keep or dispose of household wastes in a manner likely to cause pollution of the environment or harm to human health. The great majority of householders, who hand over their waste to the local authority, will not be affected by this change.

Mr Wilson said:

"These proposals to extend the controlled waste regime are part of the Executive's policy of improving Scotland's waste management record. They are evidence of our determination to ensure effective protection of public health and the environment.

"This will result in all waste being handled and treated with the same degree of care. At the same time householders will be in no doubt as to their duty to have their wastes taken away for proper treatment, usually by the council.

"I would like to thank representatives of the farming and landowning communities for their constructive engagement in drawing up this paper.

"I believe our proposals will achieve strengthened protection for the environment."

The consultation paper Farm Wastes and Non-Mineral Wastes from Mines and Quarries was published today. The consultation period ends on 19 March. Copies are available from Ruth Campbell, on 0131 244 0397, and the document will shortly be posted on the Executive website.

The proposals are to extend the controlled waste regime prescribed by the Environmental Protection Act 1990 to non-mineral wastes from mines and quarries, and to farm wastes. These wastes were specifically exempted in the original legislation. The Scottish Executive has already brought these wastes under landfill legislation in the Landfill (Scotland) Amendment Regulations 2003, and has published a consultation paper (Safer Special Waste) on the regulation of hazardous wastes from these activities. These proposals now complete work to bring these wastes within the standard regulatory framework.

The consultation paper also proposes to amend the regulatory framework for household wastes to make treating, keeping or disposing of these wastes in a manner likely to cause pollution of the environment or harm to human health an offence. Improper disposal of waste by a householder would be a form of fly-tipping. Maximum penalties for fly-tipping include unlimited fines on conviction on indictment. On the more usual summary conviction the maximum penalty is £20,000, which the Executive is now proposing to double in the Antisocial Behaviour etc (Scotland) Bill. The householder can avoid committing this offence simply by disposing of wastes to the local authority in the usual manner.

The consultation paper was drawn up with the assistance of a Working Group consisting of representatives of the Scottish Executive, SEPA, NFU Scotland, the Crofters' Commission and the Scottish Landowners' Forum.

Page updated: Saturday, July 17, 2004