The National Waste Management Plan for Scotland Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the purpose of implementing:

• Article 7 of Directive 2006/12/EC of the European Parliament and of the Council on waste (O.J. No. L 114, 27.04.2006, p.21);

• Article 6 of Council Directive 91/689/EEC on hazardous waste (O.J. No. L 377, 31.12.1991, p. 20) as amended by Council Directive 94/31/EC (O.J. No. L 168, 02.07.1994, p.28), Corrigendum to Directive 91/689/EC (O.J. No. L 23, 30.01.1998, p.39) and Regulation (EC) No. 166/2006 of the European Parliament and of the Council of 18 January 2006 (O.J. No. L 33, 04.02.2006, p.1);

• Article 14 of Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste (O.J. No. L 365, 31.12.1994, p.10) as amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council (O.J. No. L 284, 31.10.2003, p.1), Directive 2004/12/EC of the European Parliament and of the Council (O.J. No. L 47, 18.02.2004, p. 26) and Directive 2005/20/EC of the European Parliament and of the Council (O.J. No. L 70, 16.03.2005, p.17); and

• Article 2 of Directive 2003/35/EC of the European Parliament and of the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment (O.J. No. L 156, 25.06.2003), in so far as it relates to waste planning.

Section 44B of the Environmental Protection Act 1990 (“the 1990 Act”) requires SEPA to produce a national waste strategy for Scotland. Schedule 2A to the 1990 Act sets out the objectives for the purposes of that strategy. These Regulations replace section 44B with a requirement for the Scottish Ministers to have a national waste management plan for Scotland.

Regulation 3(1) requires the Scottish Ministers to have a national waste management plan containing their policies in relation to the recovery and disposal of waste in Scotland and satisfying the requirements specified in regulation 3(2) and (3). Until Ministers prepare that plan, the documents specified in regulation 3(6) will constitute that plan, insofar as they contain policies and text that satisfy those requirements.

Regulation 4 enables the Scottish Ministers to give directions to SEPA requiring it to advise and assist them in relation to the national waste management plan.

Regulation 5 applies Part 3 of the Regulations to the preparation or modification of the national waste management plan, except where the plan or any part of it is designed for the sole purpose of serving national defence or civil emergencies or is subject to a public participation procedure under the Environmental Assessment (Scotland) Act 2005.

Regulation 6 sets out the public participation procedures to be followed when preparing or modifying the national waste management plan to which Part 3 applies.

Regulation 7 sets out the procedures to be followed after public participation has taken place.

Regulation 8 contains consequential repeals and amendments. These include the repeal of section 44B of, and Schedule 2A to, the 1990 Act.

The Schedule sets out the objectives for the purposes of the national waste management plan.