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() 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();
"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() 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 .......................................................
SEPA Sponsorship and Waste Unit
Scottish Executive
Environmental and Rural Affairs Department at Edinburgh
On .................................................... 2003
Before this witness
Signature of witness ..........................................................
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.