Control of Pollution Act 1974

2 Preparation and revision of waste disposal plans. E+W+S

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

(a) to carry out an investigation with a view to deciding what arrangements are needed for the purpose of disposing of controlled waste which is situated in its area and of controlled waste which is likely to be so situated;

(b) to decide what arrangements are in the opinion of the authority needed for that purpose;

(c) to prepare a statement of the arrangements made and proposed to be made by the authority and other persons for disposing of such waste during a period specified in the statement (hereafter in this section referred to as “the plan”);

(d) to carry out from time to time further investigations with a view to deciding what changes in the plan are needed for the purpose aforesaid; and

(e) to make any modification of the plan which the authority thinks appropriate in consequence of any further investigation in pursuance of the preceding paragraph;

and in considering any arrangements or modification for the purposes of paragraph (c) or (e) of this subsection it shall be the duty of the authority to have regard to the effect which the arrangements or modification would be likely to have on the amenities of any relevant locality and to the likely cost to the authority of the arrangements or modification.

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

(a) the kinds and quantities of controlled waste which the authority expects will 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 for disposal into or taken for disposal out of the authority’s area during that period;

(c) the kinds and quantities of controlled waste which the authority expects to dispose of itself during that period;

(d) the kinds and quantities of controlled waste which the authority expects to be disposed of in its area during that period by persons other than the authority;

(e) the methods by which in the opinion of the authority controlled waste in its area should be disposed of, either by reclaiming substances from it or otherwise, during that period and the priorities which in its opinion should be accorded during that period to the provision of different methods of disposal;

(f) the sites and equipment which the authority and other persons are providing and during that period proposes itself to provide and expects other persons to provide for disposing of controlled waste; and

(g) the estimated costs of the methods of disposal mentioned in the plan;

. . . F1

(3) It shall be the duty of a disposal authority—

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

[F2 X1 (i) any water authority any part of whose area is included in the area of the disposal authority, except where the plan or modification is prepared by an islands council, and]

[F2 (i) the National Rivers Authority, and]

(ii) in a case where the plan or modification is prepared by an [F3 English county disposal authority], the collection authorities whose areas are included in the area of the disposal authority, and

(iii) in a case where the plan or modification is prepared by a Scottish disposal authority other than an islands council, the council of the region in which the area of the authority is included, and

(iv) in a case where the plan or modification is prepared by a disposal authority of which the area is in Wales, the county council whose area includes that of the authority, and

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

(vi) in any case, such persons as the disposal 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 of controlled waste situated in the area of the authority . . . F1 ; and

(b) before finally determining the content of the plan or modification (excluding a modification which in the opinion of the authority is such that no person will be prejudiced if the following provisions of this paragraph are disregarded with respect to it), to take 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 in pursuance of sub-paragraph (ii) of this paragraph and make any change in the plan or modification which the authority considers appropriate in consequence of the representations.

(4) Without prejudice to the generality of the duty imposed on disposal authorities by the preceding subsection, it shall be the duty of a disposal authority, in preparing the plan and any modification of it (excluding a modification which the authority considers irrelevant for the purposes of this subsection), to consider, in consultation with such persons as the authority considers appropriate and as agree to participate in the consultations and, in the case of an [F3 English county disposal authority], in consultation with the collection authorities whose areas are included in the area of the disposal authority,—

(a) what arrangements can reasonably be expected to be made for the purpose of reclaiming substances from controlled waste which is situated in the area of the disposal authority; and

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

(5) A disposal authority shall not finally determine the content of the plan or a modification of it in a case falling within paragraph (a)(v) of subsection (3) of this section except with the consent of the other disposal authority or, if the other authority withholds its consent, with the consent of the Secretary of State.

(6) When a disposal authority has finally determined the content of the plan or a modification of it in accordance with the preceding provisions of this section 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.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Editorial Information

X1 S. 2(3)(a)(i) commencing “the National” substituted (E.W.) for S.2(3)(a)(i) commencing “any water” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Textual Amendments

F1 Words repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. II

F2 S. 2(3)(a)(i) commencing “the National” substituted (E.W.) for S. 2(3)(a) (i) commencing “any water” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F3 Words substituted as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 3(2), with effect from 1.4.1986

F4 Ss. 2(7), 23(3) repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. II

Modifications etc. (not altering text)

C1 By S.I. 1985/1884, art. 5, Sch. 2 para. 5 s. 2 is modified to have effect as if after subsection (3)(a)(i) there were inserted the following:

(ia)in a case where the plan or modification is prepared by a London waste disposal authority, the Common Council of the City of London or the council of a London borough, the London Waste Regulation Authority, and

(ib)in a case where the plan or modification is prepared by the council of the metropolitan district of Wigan, the Greater Manchester Waste Disposal Authority, and

C2 By S.I. 1985/1884 art. 5, Sch. 2 para. 5(b) (which was made under the power in s. 10(1)(3)(6)(7) of Local Government Act 1985 (c. 51, SIF 81:1) which power by virtue of s. 10(7) thereof was exercisable at any time before 1.4.1986) it was provided (E.W.) that (coming into operation on 27.12.1985) s. 2 shall be modified to have effect as if in subsections (3)(a)(ii) and (4) after “an English county disposal authority” there were inserted “or a London waste disposal authority”