Environmental Protection Act 1990

49 Waste recycling plans by collection authorities. E+W+S

[F1 (1) It shall be the duty of each waste collection authority, as respects household and commercial waste arising in its area—

(a) to carry out an investigation with a view to deciding what arrangements are appropriate for dealing with the waste by separating, baling or otherwise packaging it for the purpose of recycling it;

(b) to decide what arrangements are in the opinion of the authority needed for that purpose;

(c) to prepare a statement (“the plan”) of the arrangements made and proposed to be made by the authority and other persons for dealing with waste in those ways;

(d) to carry out from time to time further investigations with a view to deciding what changes in the plan are needed; and

(e) to make any modification of the plan which the authority thinks appropriate in consequence of any such further investigation.

(2) In considering any arrangements or modification for the purposes of subsection (1)(c) or (e) above it shall be the duty of the authority to have regard to the effect which the arrangements or modification would be likely to have on the amenities of any locality and the likely cost or saving to the authority attributable to the arrangements or modification.

(3) It shall be the duty of a waste collection authority to include in the plan information as to—

(a) the kinds and quantities of controlled waste which the authority expects to collect during the period specified in the plan;

(b) the kinds and quantities of controlled waste which the authority expects to purchase during that period;

(c) the kinds and quantities of controlled waste which the authority expects to deal with in the ways specified in subsection (1)(a) above during that period;

(d) the arrangements which the authority expects to make during that period with waste disposal contractors or, in Scotland, waste disposal authorities and waste disposal contractors for them to deal with waste in those ways;

(e) the plant and equipment which the authority expects to provide under section 48(6) above or 53 below; and

(f) the estimated costs or savings attributable to the methods of dealing with the waste in the ways provided for in the plan.

(4) It shall be the duty of a waste collection authority [F2 other than a waste collection authority in Greater London], before finally determining the content of the plan or a modification, to send a copy of it in draft to the Secretary of State for the purpose of enabling him to determine whether subsection (3) above has been complied with; and, if the Secretary of State gives any directions to the authority for securing compliance with that subsection, it shall be the duty of the authority to comply with the direction.

[F3 (4A) It shall be the duty of a waste collection authority in Greater London, before finally determining the content of the plan or a modification, to send a copy of it in draft to the Mayor of London.

(4B) It shall be the duty of the Mayor of London to consider the draft plan or modification sent to him under subsection (4A) above and to give to the authority such directions as he considers necessary for securing compliance with subsection (3) above.

(4C) Where the Mayor of London gives any direction to a waste collection authority under subsection (4B) above, it shall be the duty of the authority to comply with the direction.]

(5) When a waste collection authority has determined the content of the plan or a modification it shall be the duty of the authority—

(a) to take such steps as in the opinion of the authority will give adequate publicity in its area to the plan or modification; and

(b) to send to the waste disposal authority and waste regulation authority for the area which includes its area a copy of the plan or, as the case may be, particulars of the modification.

(6) It shall be the duty of each waste collection authority to keep a copy of the plan and particulars of any modifications to it available at all reasonable times at its principal offices for inspection by members of the public free of charge and to supply a copy of the plan and of the particulars of any modifications to it to any person who requests one, on payment by that person of such reasonable charge as the authority requires.

(7) The Secretary of State may give to any waste collection authority [F4 other than a waste collection authority in Greater London] directions as to the time by which the authority is to perform any duty imposed by this section specified in the direction; and it shall be the duty of the authority to comply with the direction.

[F5 (7A) The Mayor of London may give to any waste collection authority in Greater London directions as to the time by which the authority is to perform any duty imposed by this section specified in the direction; and it shall be the duty of the authority to comply with the direction.]]

Textual Amendments

F1 S. 49 repealed (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 34(2), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F2 Words in s. 49(4) inserted (3.7.2000) by 1999 c. 29, s. 361(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. 3

F3 S. 49(4A)-(4C) inserted (3.7.2000) by 1999 c. 29, s. 361(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. 3

F4 Words in s. 49(7) inserted (3.7.2000) by 1999 c. 29, s. 361(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. 3

F5 S. 49(7A) inserted (3.7.2000) by 1999 c. 29, s. 361(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. Pt. 3

Modifications etc. (not altering text)

C1 S. 49(1)(c): power to amend, repeal or disapply conferred (E.W.) (18.10.2000 for E. and 1.11.2000 for W.) by 2000 c. 22, s. 7(2)(a); S.I. 2000/2836, art. 2(a); S.I. 2000/2948, art. 2

Commencement Information

I1 S. 49 wholly in force at 1.8.1991 see s. 164(3) and S.I. 1991/1577, art. 3