ENVIRONMENTAL campaigners have branded the Scottish Government’s incinerator ban as “worthless” and urged the Climate Action Secretary to intervene ahead of a new waste burner nearing approval.
Three incinerators have opened since the ban was announced in 2022, but those already in the planning system before that date can still go ahead, if given approval by the environmental regulator.
The Oldhall Energy Recovery Facility in Irvine, North Ayrshire, was given planning permission in 2020, but must be granted a permit by the Scottish Environment Protection Agency (Sepa) before it can begin operating.
Activists and local campaigners wrote to Cabinet Secretary for Climate Action and Energy Gillian Martin urging her to instruct Sepa to refuse to grant the permit as a public consultation on the site is due to close.
“People are concerned about the impact that the incinerator will have on local health, its contribution to climate breakdown, and how the incinerator will make it harder for Scotland to develop a circular economy,” the letter, seen by The National, reads.
It adds that “the case against the Oldhall incinerator is so clear and well supported by residents, the Scottish Government is failing in its duty to protect the people from the damage this incinerator will do if allowed to start operating”.
Friends of the Earth (FoE) Scotland and Irvine Without Incinerators have urged Martin to intervene as a public consultation on the new waste burner closes on Monday.
They say over 1600 people have responded to the consultation objecting to the plans.
Veronika Liebscher, Irvine Without Incinerators member, said: “We are firmly opposed to this waste incinerator on both health and environmental grounds. "We continue to make strenuous efforts to ensure that this plant is not granted permission to operate.”
Kim Pratt, FoE Scotland’s senior circular economy campaigner, said: “The Scottish Government’s supposed ban on incinerators is so riddled with loopholes that it is worthless. Despite accepting the warnings of an independent expert review, Ministers have done nothing to stop the explosion in incineration capacity.
“Ministers are failing to use their powers to stop waste companies building these monster facilities in the face of fierce local opposition.
“Incinerators produce huge amounts of climate pollution and demand thousands of tonnes of waste each day, critically undermining the need to shift to a more circular economy where materials are reused and recycled.”
Shlomo Dowen, national coordinator of the United Kingdom Without Incineration Network (UKWIN), added: “We can do better than burning our valuable resources. Instead of allowing further incinerator expansion, the Scottish Government should make clear their commitment to ever-decreasing levels of waste.”
Martin has the ability to direct Sepa to refuse the permit under Pollution Prevention and Control (Scotland) Regulations 2012.
“By refusing to use these powers when the case against the Oldhall incinerator is so clear and local opposition so strong, the Scottish Government is failing to protect the people of Scotland from the harm this incinerator will do if allowed to start operating,” the letter adds.
In response to the calls, Martin told The National: “We continue to show significant progress in our overall waste reduction and recycling rates.
“As we transition to a circular economy, we will still need an appropriate way to manage our unavoidable and unrecyclable waste.
“In the short-term, incineration has a role to play in reducing the amount of waste going to landfill.”
A spokesperson Oldhall Energy Recovery Facility said the site will "provide a safe and cost-effective way to treat approximately 185,000 tonnes of waste a year while generating enough electricity to power 30,000 homes".
"The facility will support the Scottish Government’s landfill ban and will allow waste to be treated locally rather than transported hundreds of miles away," they added.
"The Oldhall ERF will only treat waste after recyclable materials have been removed. It will be built to the highest technical standards and will comply with all the requirements set out in the draft Sepa environmental permit."
The East Tullos incinerator in Aberdeen was shut down in June 2025 because of 1800 outstanding defects. It was reopened two months later.
East Tullos opened after the ban was brought in.
The Beddington incinerator, serving four London councils and which operates under a similar permit to those issued to Scottish incinerators, broke air pollution limits 916 times.
There could be 17 incinerators in operation by 2028 if all plans with permission are built.
The ban was brought in following an expert review highlighting how the country was in danger of having more incineration capacity than there was waste to burn if all incinerators in the pipeline were built.
