The National Waste Management Plan for Scotland Regulations 2007

PART 3 Procedures for the preparation or modification of the national waste management plan

Application of this Part

5.—(1) This Part applies to the modification of the national waste management plan as it applies to the preparation of such a plan.

(2) This Part does not apply to–

(a) a national waste management plan or any part of such a plan designed for the sole purpose of serving national defence or civil emergencies; or

(b) a national waste management plan for which a public participation procedure is carried out under the Environmental Assessment (Scotland) Act 2005(1).

Public participation procedures

6.—(1) As soon as reasonably practicable after preparing proposals for the national waste management plan or its modification the Scottish Ministers must–

(a) send a copy of the proposals to the persons or bodies mentioned in regulation 3(5);

(b) take such steps as they consider appropriate to bring the proposals to the attention of the persons who in their opinion–

(i) are affected by,

(ii) are likely to be affected by; or

(iii) have an interest in,

the plan;

(c) inform the public consultees of the address (which may include a website)–

(i) at which a copy of the proposals may be viewed,

(ii) from which a copy of the proposals may be obtained;

(d) invite the persons or bodies mentioned in regulation 3(5) and the public consultees to express their opinion on the proposals, specifying the address to which, and the period within which, opinions must be sent.

(2) The period referred to in paragraph (1)(d) must be of such length as will ensure that the persons or bodies mentioned in regulation 3(5) and the public consultees are given an early and effective opportunity to express their opinion on the proposals.

(3) During the period referred to in paragraph (1)(d), the Scottish Ministers must keep a copy of the proposals for inspection by the public at all reasonable times free of charge.

(4) Nothing in paragraph (1)(c) requires the Scottish Ministers to provide copies free of charge; but where a charge is made, it must be of a reasonable amount.

Procedures following public participation

7.—(1) Before decisions on the national waste management plan or its modification are made the Scottish Ministers must take account of any opinions expressed in accordance with regulation 6(1)(d).

(2) As soon as reasonably practicable after making decisions on the national waste management plan the Scottish Ministers must–

(a) inform–

(i) the persons or bodies mentioned in regulation 3(5), and

(ii) the public consultees,

of the matters set out in paragraph (3);

(b) take such steps as they consider appropriate to bring the matters in paragraph (3) to the attention of the public;

(c) if they have adopted the national waste management plan, make a copy of the plan available for inspection by the public at all reasonable times and free of charge.

(3) The matters are–

(a) the decisions made by the Scottish Ministers on the national waste management plan;

(b) the reasons and considerations upon which those decisions are based; and

(c) information about the public participation procedures.

(1)

asp 15.