Environmental Authorisations (Scotland) Regulations 2018: ​Proposed Standard Conditions for Registration level activities
1.2.3. Acting as a broker or dealer of waste
Standard conditions
Below is the list of core and activity-specific standard conditions for acting as a broker or dealer of waste.
- The authorisation reference must be:
a. included in any advertisement for waste brokering services; and
b. provided to any person that waste is transferred from, or to.
- Records must be kept of any person:
a. for whom transfer or receipt of waste has been arranged; and
b. from whom waste has been bought or sold.
- All information recorded, kept or submitted to SEPA in accordance with a condition of this authorisation must be:
a. true and accurate;
b. kept for a minimum of six years; and
c. provided to SEPA upon request.
Interpretation of terms
| Term | Interpretation |
|---|---|
| Authorisation reference | The unique authorisation reference allocated to this authorisation. |
| Broker | Any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste. |
| Dealer | Any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste. |
| Waste | Has the same meaning as in section 75 of The Environmental Protection Act 1990. |
Rationale
This activity will apply to acting as a broker or dealer of waste. Brokers and dealers can play an important role in deciding how waste is managed and by whom.
Brokers and dealers will continue to have to comply with the Duty of Care for waste, contained in Section 34 of the Environmental Protection Act 1990. The duties in Section 34 are not replicated as conditions within this authorisation, however, compliance with them can be considered by SEPA when assessing whether a person is fit and proper to hold this registration.
The standard conditions in this registration will help to ensure that waste collection services are carried out by an authorised person, and that this is demonstrated to customers when a broker or dealer is advertising services.