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As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
The Environmental Protection (Duty of Care) (Scotland) Regulations 2014 require businesses and individuals to take measures to ensure that their waste is managed responsibly and does not harm the environment or human health. The regulations apply to anyone who produces, carries, keeps, disposes of, or manages controlled waste in Scotland.
The regulations place a duty of care on waste holders to take all reasonable steps to ensure that their waste is properly managed, from its initial production to its final disposal or recovery. This includes ensuring that waste is stored securely, labeled correctly, and transported by authorized carriers. Waste holders must also keep records of their waste management activities and provide them to the relevant authorities upon request.
The regulations aim to encourage waste reduction, reuse, and recycling, and to prevent illegal dumping and fly-tipping of waste. Failure to comply with the duty of care requirements can result in fines, legal action, or revocation of waste management licenses.
The Environmental Protection (Duty of Care) (Scotland) Regulations 2014 require waste holders to maintain records of their waste management activities, including the type and quantity of waste produced, transferred, recovered or disposed of, the destination of the waste, and the person or company responsible for handling the waste at each stage.
These records must be kept for at least two years and must be made available to the relevant authorities upon request. The regulations also require waste holders to obtain and keep copies of transfer notes and consignment notes for each waste transfer, including the date of transfer, the waste carrier's details, and a description of the waste.
In addition, waste holders must ensure that their waste is correctly classified and labeled according to its properties, hazards, and appropriate waste codes. They must also provide clear instructions to waste carriers and treatment facilities regarding the handling, transport, and disposal of the waste.
Evidence of compliance with these requirements may be requested by environmental regulators or other relevant authorities during inspections or audits. Failure to maintain adequate records or comply with the duty of care requirements can result in penalties and legal action.
The Environmental Protection (Duty of Care) (Scotland) Regulations 2014 apply to anyone who produces, imports, carries, keeps, treats or disposes of controlled waste in Scotland. The regulations require those involved in waste management activities to take all reasonable steps to ensure that waste is managed properly and safely.
However, there are some exemptions to the regulations, including:
1. Household waste: The regulations do not apply to waste produced by households, provided that it is not mixed with commercial or industrial waste.
2. Agricultural waste: Certain agricultural wastes are exempt from the regulations, such as waste from the production or preparation of food for animals on a farm, and waste from the maintenance of farm buildings, yards and equipment.
3. Mines and quarries: Waste produced by mining or quarrying operations is exempt from the regulations, as long as it is managed in accordance with relevant legislation.
4. Hazardous waste: Some hazardous waste is exempt from the regulations, such as waste generated by the armed forces, explosives, and radioactive waste.
It is important to note that even if waste is exempt from the duty of care regulations, it still must be managed safely and in accordance with other relevant legislation.
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Including our quarterly legal compliance updates that are a great resource for evidence for your ISO audits.