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ANNEX B

DIRECTIONS ISSUED BY SCOTTISH MINISTERS TO THE SCOTTISH ENVIRONMENT PROTECTION AGENCY UNDER:

• the Environmental Protection Act 1990
• the Environment Act 1995
• the Pollution Prevention and Control (Scotland) Regulations 2000

These Directions are reproduced on the following pages.

THE ENVIRONMENTAL PROTECTION ACT 1990 AND THE ENVIRONMENT ACT 1995

The Waste Incineration Directive (Scotland) Direction 2003

The Scottish Ministers, in exercise of the powers conferred on them by section 7(1) and (2)(b) of the Environmental Protection Act 1990( ^a) and section 40(2) of the Environment Act 1995( ⁷) and of all other powers in that behalf, hereby give the Scottish Environment Protection Agency the following direction:-

Citation, commencement and extent

1.-(1) This direction may be cited as the Waste Incineration Directive (Scotland) Direction 2003 and shall come into force on 1st April 2003.

(2) This direction extends to Scotland only.

Interpretation

2.-(1) In this direction-

"the Waste Incineration Directive" means Directive 2000/76/ EC of the European Parliament and of the Council of 4th December 2000 on the incineration of waste( ⁸);

"the 2000 Regulations" means the Pollution Prevention and Control (Scotland) Regulations 2000( ⁹);

"the 2003 Regulations" means the Waste Incineration (Scotland) Regulations 2003( ¹⁰); and

" SEPA" means the Scottish Environment Protection Agency.

(2) Words and expressions in this direction which are also used in the 2003 Regulations shall have the same meaning as they have in those Regulations.

3.SEPA shall, on or before 31st December 2004, include as a condition in the authorisation (other than an authorisation of an activity mentioned in Section 5.1 of Part 1 of Schedule 1 to the 2000 Regulations) or, as the case may be, the permit of any existing waste incineration installation or mobile plant a requirement that the operator of such an installation or mobile plant make an application in respect of that installation or plant under regulation 3 of the 2003 Regulations.

This direction is subscribed as follows:-

It is signed by………….[signed Don McGillivray]

SEPA Sponsorship and Waste Unit

Scottish Executive

Environment and Rural Affairs Department at Edinburgh

On …………………….1 April 2003

Before this witness:

Signature of witness:…..[signed Richard Robertson]

Full name of witness: ……………………………………………………….

Address of Witness: SEERAD, the Scottish Executive, Victoria Quay, Edinburgh.

ENVIRONMENTAL PROTECTION ACT 1990

The Environmental Protection Act (Waste Incineration Directive) (Scotland) Directions 2003

The Scottish Ministers, in exercise of the powers conferred by sections 7(1), (2)(b), (3), 10(6) and 161(5) of the Environmental Protection Act 1990( ¹¹) and of all other powers enabling them in that behalf, hereby give the Scottish Environment Protection Agency the following directions with respect to the carrying out of its functions under Part I of that Act-

Citation, commencement and extent

1.-(1) These directions may be cited as the Environmental Protection Act (Waste Incineration Directive) (Scotland) Directions 2003 and shall come into force on 1 April 2003.

(2) These directions extend to Scotland only.

Interpretation

2.-(1) In these directions-

"the 1990 Act" means the Environment Protection Act 1990;

"authorisation" means an authorisation granted under section 6 or a variation or modification of such an authorisation granted for the purposes of sections 10 and 11 of the 1990 Act;

" SEPA" means the Scottish Environment Protection Agency; and

"the Waste Incineration Directive" means Directive 2000/76/ EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste( ¹²).

(2) Words and expressions used in these directions which are also used in the 1990 Act shall have the same meaning as they have in that Act.

Conditions in authorisations

3.-(1) SEPA shall take the steps necessary to ensure that any authorisation issued by it in respect of an application made to it under regulation 3(2)(a) of the Waste Incineration (Scotland) Regulations 2003( ¹³) shall include such conditions as it considers necessary to give effect to the provisions of the Waste Incineration Directive set out in the Schedule to these directions.

(2) In any case where sub-paragraph (1) above applies, the provisions of the following directions shall not apply-

(a) the Municipal Waste Incineration (Scotland) Directions 1991; and

(b) the Hazardous Waste Incineration Direction (Scotland) 1998.

These directions are subscribed as follows:

They are signed by ……….[signed Don McGillivray]

SEPA Sponsorship and Waste Unit

Scottish Executive

Environmental and Rural Affairs Department at Edinburgh

On ….………………………..1 April 2003

Before this witness

Signature of witness ……….[signed Richard Robertson]

Full name of witness ……………………………………………..

Address of witness: SEERAD, the Scottish Executive, Victoria Quay, Edinburgh.

SCHEDULE

Article 3(1)

1. Subject to paragraph 2 below, for the purposes of Article 3(1) of these directions, the relevant provisions of the Waste Incineration Directive are as follows:-

(a) Article 4(3) to 4(5);

(b) Article 5;

(c) Article 6;

(d) Article 7(1) to (4);

(e) Article 8(1) to (7);

(f) Article 9;

(g) Article 10;

(h) Article 11, but excluding Article 11(1), 11(7)(f) and 11(13); and Article 11(2)(c) shall be read as if there were added after the word "furans" the words "dioxin-like polychlorinated biphenyls and poly-cyclic aromatic hydrocarbons";

(i) That part of Article 12(2) which relates to the provision of annual reports by the operator;

(j) Article 13; and

(k) Annexes I to VI save that the references in Annex V to exemptions which "may" be authorised by the competent authority shall be construed as references to exemptions which "shall" be so authorised.

2. The following provisions apply for the purposes of interpreting the provisions of the Waste Incineration Directive referred to in paragraph 1 above:-

(a) references in those Articles or Annexes to the "competent authorities" shall be construed as references to SEPA.

(b) words and expressions used in those Articles or Annexes shall have the meaning given to them in the Waste Incineration Directive except for the term "operator" which shall have the same meaning as it has in the Pollution Prevention and Control (Scotland) Regulations 2000( ¹⁴).

POLLUTION PREVENTION AND CONTROL (SCOTLAND) REGULATIONS 2000

Pollution Prevention and Control (Waste Incineration Directive) (Scotland) Directions 2003

The Scottish Ministers, in exercise of the powers conferred upon them by regulation 9(2) of the Pollution Prevention and Control (Scotland) Regulations 2000( ¹⁵) and of all other powers enabling them in that behalf, hereby give the Scottish Environment Protection Agency the following directions with respect to the carrying out of its functions under those Regulations:-

Citation, commencement and extent

1.-(1) These directions may be cited as the Pollution Prevention and Control (Waste Incineration Directive) (Scotland) Directions 2003 and shall come into force on 1 April 2003.

(2) These directions extend to Scotland only.

Interpretation

2.-(1) In these directions-

"the Waste Incineration Directive" means Directive 2000/76/ EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste( ¹⁶);

"the 2000 Regulations" means the Pollution Prevention and Control (Scotland) Regulations 2000; and

" SEPA" means the Scottish Environment Protection Agency.

(2) Words and expressions used in these directions which are also used in the 2000 Regulations or the Waste Incineration (Scotland) Regulations 2003( ¹⁷) shall have the same meaning as they have in those Regulations.

Conditions in permits

3.-(1) Subject to paragraph (2) below, SEPA shall take the steps necessary to ensure that the permits of waste incineration installations shall include such conditions as it considers necessary to give effect to the provisions of the Waste Incineration Directive set out in the Schedule to these directions.

(2) Unless SEPA and the operator agree otherwise, sub-paragraph (1) above shall not apply to any permit relating to an existing waste incineration installation or mobile plant before 28 December 2004.

These directions are subscribed as follows:

They are signed by………[signed Don McGillivray]

SEPA Sponsorship and Waste Unit

Scottish Executive

Environmental and Rural Affairs Department at Edinburgh

On ….……………………1 April 2003

Before this witness

Signature of witness…….[signed Richard Robertson]

Full name of witness ………………………………………………….

Address of witness: SEERAD, the Scottish Executive, Victoria Quay, Edinburgh.

SCHEDULE

Article 3(1)

1. Subject to paragraph 2 below, for the purposes of Article 3(1) of these directions, the relevant provisions of the Waste Incineration Directive are as follows:-

(a) Article 4(3) to 4(5);

(b) Article 5;

(c) Article 6;

(d) Article 7(1) to (4);

(e) Article 8(1) to (7);

(f) Article 9;

(g) Article 10;

(h) Article 11 but excluding Article 11(1), 11(7)(f) and 11(13); and Article 11(2)(c) shall be read as if there were added after the word "furans" the words "dioxin-like polychlorinated biphenyls and poly-cyclic aromatic hydrocarbons";

(i) that part of Article 12(2) which relates to the provision of annual reports by the operator;

(j) Article 13; and

(k) Annexes I to VI save that the references in Annex V to exemptions which "may" be authorised by the competent authority shall be construed as references to exemptions which "shall" be so authorised.

2. The following provisions apply for the purposes of interpreting the provisions of the Waste Incineration Directive referred to in paragraph 1 above:-

(a) references in those Articles or Annexes to the "competent authorities" shall be construed as references to SEPA; and

(b) words and expressions used in those Articles or Annexes shall have the meaning given to them in the Waste Incineration Directive except for the term "operator" which shall have the same meaning as it has in the 2000 Regulations.

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