Clean Neighbourhoods and Environment Act 2005

54 Site waste management plans E+W

(1) The appropriate person may by regulations make provision requiring persons of a specified description—

(a) to prepare plans for the management and disposal of waste created in the course of specified descriptions of works involving construction or demolition;

(b) to comply with such plans.

(2) Descriptions of works that may be specified under subsection (1)(a) include in particular description by reference to the cost or likely cost of such works.

(3) Regulations under this section may make supplementary and incidental provision, including in particular provision as to—

(a) the circumstances in which plans must be prepared;

(b) the contents of plans;

(c) enforcement authorities in relation to plans and the powers of such authorities;

(d) the keeping of plans and their production to enforcement authorities;

(e) offences in relation to a failure to comply with a requirement under the regulations;

(f) penalties for those offences;

(g) the discharging of liability for an offence under the regulations by the payment of a fixed penalty to an enforcement authority;

(h) the uses to which such payments may be put by enforcement authorities.

(4) Regulations under this section may make different provision for different purposes.

(5) Regulations under this section making provision under subsection (3)(h) may in particular make different provision relating to different enforcement authorities or different descriptions of enforcement authority (including provision framed by reference to performance categories under section 99(4) of the Local Government Act 2003 (c. 26)).

(6) Regulations under this section are to be made by statutory instrument.

(7) A statutory instrument containing regulations made by the Secretary of State under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(8) The appropriate person may give guidance to persons who are enforcement authorities under subsection (3)(c) in relation to the powers conferred on them under that provision.

(9) In this section—

• “appropriate person” means—

  (a)

  in relation to works in England, the Secretary of State;

  (b)

  in relation to works in Wales, the National Assembly for Wales;

• “specified” means specified in regulations under this section.