Handling of waste: amendment to legislation: consultation

Closes 2 Sep 2019

Opened 5 Aug 2019


The version of section 57 of the Environmental Protection Act 1990 (EPA 1990) that applies in Scotland enables Scottish Ministers to, by notice in writing, direct the holder of any waste management licence to accept and keep, or accept and treat or dispose of, controlled waste at specified places, and on specified terms. It also enables Ministers to direct a person keeping controlled waste to deliver that waste to a specified person, and for the waste holder to pay reasonable costs to the specified person for the treatment or disposal of the waste. If the costs are not paid, there is a discretion to Ministers to pay them. Section 58 of that Act enables Ministers to direct local authorities to accept and treat or dispose of waste.

Sections 57 and 58 have not been substantially amended since they came into force. The current provisions which apply in Scotland are set out in full in the Annex to this consultation. They are of the nature of a failsafe power to ensure that waste is appropriately treated or disposed of in circumstances where the normal regulatory powers fall short or have been exhausted.

We have no record of the current provisions being exercised since devolution as the regulatory and enforcement powers of the Scottish Environment Protection Agency (SEPA) have been relied on to deal with any issues arising.

Read the consultation paper. 

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  • People of Scotland


  • Economy
  • Environment and Climate Change