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EXECUTIVE SUMMARY
i. The Scottish Executive is consulting on proposals to codify Schedule 3 to the Waste Management Licensing Regulations 1994 (as amended). This Schedule gives details of the various waste management activities which are exempted from the requirements for a full Waste Management Licence.
ii. Some changes are also proposed to the exemptions, to ensure that any exemptions which apply to special (that is, hazardous) wastes should be in accordance with best European practice. The changes we are proposing to make are very minor, since the Regulations had already been amended to ensure that exemptions are not available for the disposal of special waste in circumstances contrary to Community law.
iii. Other than these changes, some consequential amendments are necessary to reflect recent legislation. These are unlikely to have any effect on practitioners.
iv. Apart from these amendments, the purpose of this exercise is to codify, or consolidate legislation which has been considerably amended since it first came into force. The proposed Schedule 3 on which we are consulting is therefore, with these small exceptions, merely a restatement of the existing law in a more accessible form.
v. It follows that the effect of the proposals is almost entirely to make the law more easy to follow. We think it highly unlikely that many parties will notice a regulatory difference.
vi. This paper is the first part of further work to regulate waste in a better, more consistent way. The paper introduces the need to make changes to the waste management licensing regime to take account of the new arrangements for the Scottish water environment. However, it also introduces possibilities for making changes to the way waste is regulated in Scotland, and we would be grateful for comments on the desirability of taking these further.
vii. A brief Regulatory Impact Assessment is appended. Since a codification of this nature does not change the existing law, but merely restates it, it has minimal financial impact. Consequently the only significant matter to be assessed is the changes proposed to exemptions for special waste.
Submission of responses
viii. Responses to this consultation should be received by 17 February 2006. They should be sent, by post to:-
Mr Gary Gray
Waste Regulation Team
Scottish Executive Environment & Rural Affairs Department
Mailpoint 12
Victoria Quay
Edinburgh
EH6 6QQ
or by e-mail to:- waste.team@scotland.gsi.gov.uk
ix. We would be grateful if those responding by e-mail could include their full name and postal address, or that of their organisation, in the body of the e-mail.
Enquiries and further copies
x. An electronic version of this consultation paper may be downloaded from the Scottish Executive's website at www.scotland.gov.uk/consultations/environment. A limited number of hard copies is also available. Requests for further hard copies should be made to 0131-244-0363.
Publicity and openness
xi. The Scottish Executive may wish to publish responses or deposit them in its libraries. If this is done, all responses will be so published or deposited unless the respondent specifically asks for his or her response to be treated as confidential. Confidential responses will still be included in any statistical or summary form which does not identify the source of the views expressed.
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