Some activities involving waste materials are exempt from licensing if they meet the requirements detailed in Regulation 17 of the Waste Management Licensing (Scotland) Regulations 2011 (the “Regulations”). Although an activity may be exempt from waste management licensing, it is still subject to statutory controls to prevent environmental pollution and harm to human health.
The controls under Regulation 19 relate to registration of exempt activities. The controls under Regulation 17 relate to certain conditions being met in order for the activity to be exempt, which includes the requirement that the activity must not endanger human health or harm the environment by:
- presenting a risk to water, air, soil, plants or animals;
- causing nuisance through noise or odours; or
- adversely affecting the countryside or places of special interest.
It is an offence to carry out an exempt activity without it being registered or to carry out an activity in breach of registration obligations.
Although many of these exemptions are relatively simple and easy to apply for they can often be useful for companies wishing to try out a new activity, provide an interim measure while an application is pending and / or cover a temporary activity.
If you require any further information on which exemptions will suite your business please do not hesitate to contact us.