The Transfrontier Shipment of Waste Regulations 2007

PART 2 U.K. Waste management plan

Waste management plan U.K.

11.  The Secretary of State must prepare a waste management plan in accordance with Article 7 of Directive 2006/12/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.

Public participation procedures U.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 participation U.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 authorities U.K.

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

(a) the Environment Agency;

(b) the Scottish Environment Protection Agency; and

(c) the Department of the Environment in Northern Ireland.

Objections to shipments of waste U.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.

[F1 Waste Management Licensing Regulations 1994 ][F1 Environmental Permitting (England and Wales) Regulations 2010] E+W

16.   [F1 Paragraph 4(1)(b) of Schedule 4 to the Waste Management Licensing Regulations 1994(2) and paragraph 4(1)(b) of Part 1 of Schedule 3 to the Waste Management Licensing Regulations (Northern Ireland) 2003(3) 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.]

[F1 The definition of “waste management plan” in paragraph 1 of Part 1 of Schedule 25 to the Environmental Permitting (England and Wales) Regulations 2010 has effect as if the reference in that paragraph to a plan made under the plan-making provisions includes a reference to a waste management plan made under this Part.]

Textual Amendments

F1 Reg. 16 substituted (E.W.) (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1), Sch. 26 para. 36 (with reg. 1(2))

(1)

OJ No L 114, 27.4.2006, p 9.

(2)

S.I. 1994/1056, to which there are amendments not relevant to these Regulations.

(3)

S.R. (NI) 2003 No 493.