Directions to the Environment Agency
(1) An appropriate authority may give directions to an appropriate body requiring it—
(a) to advise the authority on the measures or policies which are to be included in a waste prevention programme or waste management plan;
(b) to carry out a survey or investigation into any other matter in connection with the preparation of such a programme or plan or any modification of it, and report its findings to the authority.
(2) A direction given under paragraph (1)(b)—
(a) must specify or describe the matters which are to be the subject of the survey or investigation;
(b) may specify bodies or persons to be consulted before carrying out the survey or investigation; and
(c) may make provision in relation to the manner in which—
(i) the survey or investigation is to be carried out; or
(ii) the findings are to be reported and made available.
(3) The appropriate body must comply with a direction given under paragraph (1).
(4) Where a direction is given under paragraph (1)(b), the appropriate body must also consult any body or person that it considers appropriate but is not specified in the direction.
(5) The appropriate body must make its findings available to the bodies and persons it consults.
(6) The power under paragraph (1) may only be exercised—
(a) by the Secretary of State in relation to the Natural Resources Body for Wales, with the consent of the Welsh Ministers;
(b) by the Welsh Ministers in relation to the Environment Agency, with the consent of the Secretary of State.
Review and modification of programmes and plans
(1) The appropriate authority—
(a) must review each waste prevention programme and national waste management plan at least every sixth year;
(b) may from time to time modify a programme or plan.
(2) The appropriate authority must ensure that the appropriate body and the bodies or persons mentioned in paragraph (3) are consulted during the preparation of—
(a) proposals for a waste prevention programme or national waste management plan; or
(b) proposals to modify such a programme or plan.
(3) They are such bodies or persons appearing to be representative of—
(a) the interests of local government; and
(b) the interests of industry,
as the authority considers appropriate.
(4) This regulation does not apply to a national waste management plan containing only provision relating to paragraph 8, 9, 10 or 11 of Schedule 1.
(5) Steps taken before the coming into force of these Regulations in relation to a waste prevention programme or national waste management plan may be steps for the purposes of this regulation.
Public participation in programmes and plans
(1) Part 4 of Schedule 1 (public participation in the preparation or modification of a waste prevention programme or national waste management plan) has effect, but does not apply to a programme or plan—
(a) designed for the sole purpose of serving national defence or taken in case of civil emergencies;
(b) for which a public participation procedure is carried out under—
(i) Part 3 of the Environmental Assessment of Plans and Programmes Regulations 2004 , or
(ii) Part 3 of the Environmental Assessment of Plans and Programmes (Wales) Regulations 2004 ; or
(c) containing only provision relating to paragraph 8, 9, 10 or 11 of Schedule 1.
(2) The appropriate authority must ensure that waste prevention programmes and national waste management plans are available on a publicly available website.
(3) Steps taken before the coming into force of these Regulations in relation to a waste prevention programme or national waste management plan may be steps for the purposes of Part 4 of Schedule 1.
Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).
