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Climate Bill to create new powers over waste in Scotland

A bill which could pave the way for a radical change of waste management law in Scotland has been published today (December 5) by the Scottish Government.

The Climate Change Bill is expected to help the Scottish Government to achieve its goal of Zero Waste
The Climate Change Bill is expected to help the Scottish Government to achieve its goal of Zero Waste
The Climate Change Bill sets out how Scotland can cut emissions up to 2050 and includes powers for ministers to introduce secondary legislation governing waste.

If passed, it could place more responsibility on businesses, by allowing legislation which would require them to provide recycling facilities where there is a local market, provide more waste data and procure more recyclate.

Other provisions include powers for ministers to set up a statutory deposit and return scheme, and impose requirements on retailers to reduce packaging and charge for carrier bags.

The announcement follows a consultation launched in July (see letsrecycle.com story) which revealed that support was greatest for waste prevention and management plans and mandatory data returns, and least for action on carrier bags.

The Scottish Government explained that it was possible that voluntary action would achieve some of the goals for such legislation, in which case further action would be “unnecessary”.

Explaining the waste provisions, laid out in part five of chapter four of the bill, the Scottish Government said: “This chapter of the Bill sets out measures aimed at improving waste and recycling. These will help Scotland move towards a “zero waste” society.

“'Zero waste' is about reducing the unnecessary use of raw materials, sustainable design of products, preventing waste, and recovering values from products and materials when they reach the end of their lives through recycling, composting and energy recovery,” it added.

Bill

The Climate Change Bill, which is still to be debated by MSPs, gives ministers powers to make regulations in seven areas:

Waste prevention and management plans

– to give powers to ministers to create laws imposing a duty on businesses and public bodies to prepare formal waste prevention and management plans.

Waste data returns

– to give powers to ministers to create laws requiring businesses and public bodies to provide information to SEPA about the waste that they produce.

Deposit of recyclable waste

– to give powers to ministers to create laws requiring recycling receptacles to be provided by businesses including offices and supermarkets, providing there is a capacity to recycle it and a market for the material.

Procurement of recyclate

– to give powers for ministers to create laws requiring businesses and public bodies to specify a minimum recycled content in certain procurement contracts.

Reduction of packaging

– to give powers to ministers to create laws setting binding targets for overall reductions in packaging, with the duty falling primarily on retailers, as well as the requirement to provide data about the amount of packaging used.

Desposit and return schemes

– to give powers to ministers to create laws setting up statutory deposit and return schemes whereby food packaging, particularly drinks bottles, may be returned to retailers against repayment of a deposit notionally included in the purchase price of the product. These would require retailers to include a specified deposit on the price of the product.

Charges for carrier bags

– to give powers to ministers to make regulations to require retailers to charge for carrier bags.

However, in this area, the Scottish Government said it wanted to continue working with retailers on a voluntary basis and that it saw legislation in this area as “a last resort”.

Parliament 

The Scottish Climate Change Bill now has to go through the Scottish Parliament before it can become law, expected in 2009.

 

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