Environmental Protection Act 1990

50 Waste disposal plans of waste regulation authorities.E+W+S

(1)It shall be the duty of each waste regulation authority—

(a)to carry out an investigation with a view to deciding what arrangements are needed for the purpose of treating or disposing of controlled waste which is situated in its area and controlled waste which is likely to be so situated so as to prevent or minimise pollution of the environment or harm to human health;

(b)to decide what arrangements are in the opinion of the authority needed for that purpose and how it should discharge its functions in relation to licences;

(c)to prepare a statement (“the plan”) of the arrangements made and proposed to be made by waste disposal contractors, or, in Scotland, waste disposal authorities and waste disposal contractors, for the treatment or disposal of such waste;

(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 both to the likely cost of the arrangements or modification and to their likely beneficial effects on the environment.

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

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

(b)the kinds and quantities of controlled waste which the authority expects to be brought into or taken for disposal out of its area during that period;

(c)the kinds and quantities of controlled waste which the authority expects to be disposed of within its area during that period;

(d)the methods and the respective priorities for the methods by which in the opinion of the authority controlled waste in its area should be disposed of or treated during that period;

(e)the policy of the authority as respects the discharge of its functions in relation to licences and any relevant guidance issued by the Secretary of State;

(f)the sites and equipment which persons are providing and which during that period are expected to provide for disposing of controlled waste; and

(g)the estimated costs of the methods of disposal or treatment provided for in the plan;

but provision may be made by the Secretary of State by regulations for modifying the foregoing paragraphs and for requiring waste regulation authorities to take into account in preparing plans and any modifications of plans under this section such factors as may be prescribed in the regulations.

(4)In considering what information to include in the plan under subsection (3)(d) above, it shall be the duty of the authority to have regard to the desirability, where reasonably practicable, of giving priority to recycling waste.

(5)It shall be the duty of the authority—

(a)in preparing the plan and any modification of it, to consult—

(i)the National Rivers Authority or, in Scotland, any river purification authority any part of whose area is included in the area of the waste regulation authority;

(ii)the waste collection authorities whose areas are included in the area of the authority;

(iii)in a case where the plan or modification is prepared by a waste regulation authority in Wales, the county council whose area includes that of the authority;

(iv)in a case where the plan or modification is prepared by a Scottish waste regulation authority other than an islands council, the council of the region in which the area of the authority is included;

(v)in a case where provisions of the plan or modification relate to the taking of waste for disposal or treatment into the area of another waste regulation authority, that other authority; and

(vi)in any case, such persons as the authority considers it appropriate to consult from among persons who in the opinion of the authority are or are likely to be, or are representative of persons who are or are likely to be, engaged by way of trade or business in the disposal or treatment of controlled waste situated in the area of the authority; and

(b)before finally determining the content of the plan or modification, to take, subject to subsection (6) below, such steps as in the opinion of the authority will—

(i)give adequate publicity in its area to the plan or modification; and

(ii)provide members of the public with opportunities of making representations to the authority about it;

and to consider any representations made by the public and make any change in the plan or modification which the authority considers appropriate.

(6)No steps need be taken under subsection (5)(b) above in respect of a modification which in the opinion of the waste regulation authority is such that no person will be prejudiced if those steps are not taken.

(7)Without prejudice to the duty of authorities under subsection (5) above, it shall be the duty of the authority, in preparing the plan and any modification of it, to consider, in consultation with the waste collection authorities in its area and any other persons,—

(a)what arrangements can reasonably be expected to be made for recycling waste; and

(b)what provisions should be included in the plan for that purpose.

(8)An authority shall not finally determine the content of the plan or modification in a case falling within subsection (5)(a)(v) above except with the consent of the other waste regulation authority or, if the other authority withholds its consent, with the consent of the Secretary of State.

(9)It shall be the duty of the authority, before finally determining the content of the plan or 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.

(10)When an authority has finally 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 Secretary of State a copy of the plan or, as the case may be, particulars of the modification.

(11)The Secretary of State may give to any waste regulation authority 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.