Climate Change (Scotland) Act 2009

Waste prevention and management plans

78 Waste prevention and management plans

(1) The Scottish Ministers may, by regulations, require persons of the kinds specified—

(a) to prepare plans for the prevention, reduction, management, recycling, use and disposal of waste produced by or otherwise associated with their activities;

(b) to comply with those plans.

(2) The regulations may in particular include provision about—

(a) the circumstances in which plans must be prepared, including when more than one plan must be prepared;

(b) the kinds of waste in relation to which plans must be prepared;

(c) the periods—

(i) to which plans relate;

(ii) within which plans must be prepared;

(d) the content of plans;

(e) subject to section 89—

(i) the enforcement authority in relation to the regulations; and

(ii) the functions of that authority, including the approval by it of plans prepared under the regulations;

(f) the keeping of plans and other information and their production to the enforcement authority;

(g) the enforcement of the duties imposed by the regulations;

(h) offences in relation to failures to comply with requirements of the regulations.

(3) The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions conferred on it by the regulations.

(4) In this Chapter—

• “recycling”, in relation to any waste, includes recovery and re-use (whether or not the waste is subjected to any process) (and cognate expressions are to be construed accordingly);

• “specified” means specified in regulations (and cognate expressions are to be construed accordingly);

• “waste” has the meaning given by section 75(2) of the Environmental Protection Act 1990 (c. 43) (the “1990 Act”).