PART 2U.K.Waste management plan

Waste management planU.K.

11.  The Secretary of State must prepare a waste management plan in accordance with [F1Article 7 of Directive 2006/12/EC] [F1Article 28 of Directive 2008/98/EC] of the European Parliament and of the Council on waste(1) containing his policies on the bringing into, or dispatch from, the United Kingdom of waste for disposal.

Textual Amendments

Public participation proceduresU.K.

12.—(1) As soon as reasonably practicable after preparing proposals for a waste management plan, the Secretary of State must—

(a)take such steps as he considers appropriate to bring the proposals to the attention of the persons who in his opinion are affected or likely to be affected by, or have an interest in, the plan (in this Part, referred to as “public consultees”);

(b)inform public consultees of the address from which a copy of the proposals may be obtained;

(c)invite public consultees to express their opinions 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)(c) must be sufficient to ensure that public consultees are given an effective opportunity to express their opinions on the proposals.

(3) The Secretary of State must keep a copy of the proposals for inspection by the public at all reasonable times free of charge.

(4) The Secretary of State may make a reasonable charge for copies provided under paragraph (1)(b).

Procedures following public participationU.K.

13.—(1) Before decisions on a waste management plan are made, the Secretary of State must take account of any opinions expressed by public consultees in accordance with regulation 12.

(2) As soon as reasonably practicable after making decisions on a waste management plan, the Secretary of State must—

(a)inform public consultees of the matters referred to in paragraph (3);

(b)take such steps as he considers appropriate to bring those matters to the attention of the public;

(c)if he has adopted the waste management plan, make a copy of it available for inspection at all reasonable times free of charge.

(3) The matters are—

(a)the decisions made by the Secretary of State on the waste management plan;

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

(c)information about the public participation procedure.

Provision of the plan to competent authoritiesU.K.

14.  The Secretary of State must send a copy of the waste management plan to—

(a)the Environment Agency;

[F2(aa)the Natural Resources Body for Wales;]

(b)the Scottish Environment Protection Agency; and

(c)the Department of [F3Agriculture, Environment and Rural Affairs] in Northern Ireland.

Textual Amendments

Objections to shipments of wasteU.K.

15.  For the purpose of preventing shipments of waste that are not in accordance with the waste management plan—

(a)a competent authority of destination must object to any shipment notified in accordance with the Community Regulation which that plan indicates should not be brought into the United Kingdom; and

(b)a competent authority of dispatch must object to any shipment notified in accordance with the Community Regulation which that plan indicates should not be dispatched from the United Kingdom.

[F4Waste Management Licensing Regulations 1994 [F4The Waste (England and Wales) Regulations 2011]] U.K.

16.  [F5Paragraph 6(1)(c) of Schedule 4 to the Waste Management Licensing (Scotland) Regulations 2011] [F4(1) and paragraph 4(1)(b) of Part 1 of Schedule 3 to the Waste Management Licensing Regulations (Northern Ireland) 2003(2) have effect as if the references in those paragraphs to any plan made under the plan-making provisions include references to a waste management plan made under this Part. ]

[F4The reference to a waste management plan in regulation 7 of the Waste (England and Wales) Regulations 2011 includes a waste management plan made under this Part.]

Textual Amendments

(1)

OJ No L 114, 27.4.2006, p 9.