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FURTHER DEVELOPMENT OF WASTE REGULATION
23. The Executive is considering making various changes to the waste regime to ensure better regulation, which is more consistent with that provided in other regimes designed to avoid harm to the environment or human health.
24. One example is the system of arrangements which have been established, following the Water Environment and Water Services (Scotland) Act 2003, for the protection of the water environment. The waste management system must be made compatible with this.
25. The Scottish Executive will also be giving further consideration to the fit of the waste management licensing system with PPC permitting.
26. It is possible that changes could be made to the waste regime which would improve regulation. It may be that administrative procedures could be simplified in such a way that Community law (and above all the Community-wide definition of waste) could still be observed. More up-to-guidance relating to this definition could be given.
27. Changes need not be restricted to administrative procedures. While any change to primary legislation is not under consideration, changes could be made to secondary legislation which would, for example, simplify the current arrangement for demonstrating that an operator is a "fit and proper person". Another possibility, which may be possible through administrative change or change to secondary legislation, could be to develop a kind of generic, simplified licence for some low-impact waste operations. A generic licence would have most of its conditions standardised, and therefore would represent a simpler application process entailing a lower regulatory effort.
28. We would be interested in views on the above issues. In particular, we would be interested in suggestions on:-
What administrative changes would be useful and compatible with legal obligations?
What changes to secondary legislation, compatible with Community law, would improve regulation of waste?
How might arrangements to demonstrate that an applicant is a "fit and proper person" be simplified?
What might be the conditions of a "generic" licence for a low-impact activities, and what are the kinds of low-impact activities which might benefit?
29. Another possibility would be to amend the current exemptions. This paper is not deliberately seeking suggestions for amendments to the exemptions currently in force. In particular, those governing the recovery of organic waste have received considerable attention in the last three years already.
30. However, if any suggestions for changes to Schedule 3 are made in response to this paper, they will be considered - particularly if supported by adequate documentation demonstrating how the objective of avoiding harm to human health or the environment can be upheld.
31. It is likely that the issues described above will be the subject of a further, considerably more detailed, consultation paper. Response now will help inform the content of such a paper.
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