PART II continued
(1) Subject to subsections (2) and (6) below, it shall be the duty of each waste collection authority to deliver for disposal all waste which is collected by the authority under section 45 above to such places as the waste disposal authority for its area directs.
(2) The duty imposed on a waste collection authority by subsection (1) above does not, except in cases falling within subsection (4) below, apply as respects household waste or commercial waste for which the authority decides to make arrangements for recycling the waste; and the authority shall have regard, in deciding what recycling arrangements to make, to its waste recycling plan under section 49 below.
(3) A waste collection authority which decides to make arrangements under subsection (2) above for recycling waste collected by it shall, as soon as reasonably practicable, by notice in writing, inform the waste disposal authority for the area which includes its area of the arrangements which it proposes to make.
(4) Where a waste disposal authority has made with a waste disposal contractor arrangements, as respects household waste or commercial waste in its area or any part of its area, for the contractor to recycle the waste, or any of it, the waste disposal authority may, by notice served on the waste collection authority, object to the waste collection authority having the waste recycled; and the objection may be made as respects all the waste, part only of the waste or specified descriptions of the waste.
(5) Where an objection is made under subsection (4) above, subsection (2) above shall not be available to the waste collection authority to the extent objected to.
(6) A waste collection authority may, subject to subsection (7) below, provide plant and equipment for the sorting and baling of waste retained by the authority under subsection (2) above.
(7) Subsection (6) above does not apply to an authority which is also a waste disposal authority; but, in such a case, the authority may make arrangements with a waste disposal contractor for the contractor to deal with the waste as mentioned in that subsection.
(8) A waste collection authority may permit another person to use facilities provided by the authority under subsection (6) above and may provide for the use of another person any such facilities as the authority has power to provide under that subsection; and—
(a) subject to paragraph (b) below, it shall be the duty of the authority to make a reasonable charge in respect of the use by another person of the facilities, unless the authority considers it appropriate not to make a charge;
(b) no charge shall be made under this subsection in respect of household waste; and
(c) anything delivered to the authority by another person in the course of using the facilities shall belong to the authority and may be dealt with accordingly.
(9) This section shall not apply to Scotland.
(1) It shall be the duty of each waste collection authority, as respects household and commercial waste arising in its area—
(a) to carry out an investigation with a view to deciding what arrangements are appropriate for dealing with the waste by separating, baling or otherwise packaging it for the purpose of recycling it;
(b) to decide what arrangements are in the opinion of the authority needed for that purpose;
(c) to prepare a statement (“the plan”) of the arrangements made and proposed to be made by the authority and other persons for dealing with waste in those ways;
(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 to the effect which the arrangements or modification would be likely to have on the amenities of any locality and the likely cost or saving to the authority attributable to the arrangements or modification.
(3) It shall be the duty of a waste collection authority to include in the plan information as to—
(a) the kinds and quantities of controlled waste which the authority expects to collect during the period specified in the plan;
(b) the kinds and quantities of controlled waste which the authority expects to purchase during that period;
(c) the kinds and quantities of controlled waste which the authority expects to deal with in the ways specified in subsection (1)(a) above during that period;
(d) the arrangements which the authority expects to make during that period with waste disposal contractors or, in Scotland, waste disposal authorities and waste disposal contractors for them to deal with waste in those ways;
(e) the plant and equipment which the authority expects to provide under section 48(6) above or 53 below; and
(f) the estimated costs or savings attributable to the methods of dealing with the waste in the ways provided for in the plan.
(4) It shall be the duty of a waste collection authority, before finally determining the content of the plan or a 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.
(5) When a waste collection authority has 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 waste disposal authority and waste regulation authority for the area which includes its area a copy of the plan or, as the case may be, particulars of the modification.
(6) It shall be the duty of each waste collection authority to keep a copy of the plan and particulars of any modifications to it available at all reasonable times at its principal offices for inspection by members of the public free of charge and to supply a copy of the plan and of the particulars of any modifications to it to any person who requests one, on payment by that person of such reasonable charge as the authority requires.
(7) The Secretary of State may give to any waste collection 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.
(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.
(1) It shall be the duty of each waste disposal authority to arrange—
(a) for the disposal of the controlled waste collected in its area by the waste collection authorities; and
(b) for places to be provided at which persons resident in its area may deposit their household waste and for the disposal of waste so deposited;
in either case by means of arrangements made (in accordance with Part II of Schedule 2 to this Act) with waste disposal contractors, but by no other means.
(2) The arrangements made by a waste disposal authority under subsection (1)(b) above shall be such as to secure that—
(a) each place is situated either within the area of the authority or so as to be reasonably accessible to persons resident in its area;
(b) each place is available for the deposit of waste at all reasonable times (including at least one period on the Saturday or following day of each week except a week in which the Saturday is 25th December or 1st January);
(c) each place is available for the deposit of waste free of charge by persons resident in the area;
but the arrangements may restrict the availability of specified places to specified descriptions of waste.
(3) A waste disposal authority may include in arrangements made under subsection (1)(b) above arrangements for the places provided for its area for the deposit of household waste free of charge by residents in its area to be available for the deposit of household or other controlled waste by other persons on such terms as to payment (if any) as the authority determines.
(4) For the purpose of discharging its duty under subsection (1)(a) above as respects controlled waste collected as mentioned in that paragraph a waste disposal authority—
(a) shall give directions to the waste collection authorities within its area as to the persons to whom and places at which such waste is to be delivered;
(b) may arrange for the provision, within or outside its area, by waste disposal contractors of places at which such waste may be treated or kept prior to its removal for treatment or disposal;
(c) may make available to waste disposal contractors (and accordingly own) plant and equipment for the purpose of enabling them to keep such waste prior to its removal for disposal or to treat such waste in connection with so keeping it or for the purpose of facilitating its transportation;
(d) may make available to waste disposal contractors (and accordingly hold) land for the purpose of enabling them to treat, keep or dispose of such waste in or on the land;
(e) may contribute towards the cost incurred by persons who produce commercial or industrial waste in providing and maintaining plant or equipment intended to deal with such waste before it is collected; and
(f) may contribute towards the cost incurred by persons who produce commercial or industrial waste in providing or maintaining pipes or associated works connecting with pipes provided by a waste collection authority within the area of the waste disposal authority.
(5) For the purpose of discharging its duties under subsection (1)(b) above as respects household waste deposited as mentioned in that paragraph a waste disposal authority—
(a) may arrange for the provision, within or outside its area, by waste disposal contractors of places at which such waste may be treated or kept prior to its removal for treatment or disposal;
(b) may make available to waste disposal contractors (and accordingly own) plant and equipment for the purpose of enabling them to keep such waste prior to its removal for disposal or to treat such waste in connection with so keeping it or for the purpose of facilitating its transportation; and
(c) may make available to waste disposal contractors (and accordingly hold) land for the purpose of enabling them to treat, keep or dispose of such waste in or on the land.
(6) Where the arrangements made under subsection (1)(b) include such arrangements as are authorised by subsection (3) above, subsection (5) above applies as respects household or other controlled waste as it applies as respects household waste.
(7) Subsection (1) above is subject to section 77.
(8) This section shall not apply to Scotland.
(1) Where, under section 48(2) above, a waste collection authority retains for recycling waste collected by it under section 45 above, the waste disposal authority for the area which includes the area of the waste collection authority shall make to that authority payments, in respect of the waste so retained, of such amounts representing its net saving of expenditure on the disposal of the waste as the authority determines.
(2) Where, by reason of the discharge by a waste disposal authority of its functions, waste arising in its area does not fall to be collected by a waste collection authority under section 45 above, the waste collection authority shall make to the waste disposal authority payments, in respect of the waste not falling to be so collected, of such amounts representing its net saving of expenditure on the collection of the waste as the authority determines.
(3) Where a person other than a waste collection authority, for the purpose of recycling it, collects waste arising in the area of a waste disposal authority which would fall to be collected under section 45 above, the waste disposal authority may make to that person payments, in respect of the waste so collected, of such amounts representing its net saving of expenditure on the disposal of the waste as the authority determines.
(4) Where a person other than a waste collection authority, for the purpose of recycling it, collects waste which would fall to be collected under section 45 above, the waste collection authority may make to that person payments, in respect of the waste so collected, of such amounts representing its net saving of expenditure on the collection of the waste as the authority determines.
(5) The Secretary of State may, by regulations, impose on waste disposal authorities a duty to make payments corresponding to the payments which are authorised by subsection (3) above to such persons in such circumstances and in respect of such descriptions or quantities of waste as are specified in the regulations.
(6) For the purposes of subsections (1), (3) and (5) above the net saving of expenditure of a waste disposal authority on the disposal of any waste retained or collected for recycling is the amount of the expenditure which the authority would, but for the retention or collection, have incurred in having it disposed of less any amount payable by the authority to any person in consequence of the retention or collection for recycling (instead of the disposal) of the waste.
(7) For the purposes of subsections (2) and (4) above the net saving of expenditure of a waste collection authority on the collection of any waste not falling to be collected by it is the amount of the expenditure which the authority would, if it had had to collect the waste, have incurred in collecting it .
(8) The Secretary of State shall, by regulations, make provision for the determination of the net saving of expenditure for the purposes of subsections (1), (2), (3), (4) and (5) above.
(9) A waste disposal authority shall be entitled to receive from a waste collection authority such sums as are needed to reimburse the waste disposal authority the reasonable cost of making arrangements under section 51(1) above for the disposal of commercial and industrial waste collected in the area of the waste disposal authority.
(10) A waste disposal authority shall pay to a waste collection authority a reasonable contribution towards expenditure reasonably incurred by the waste collection authority in delivering waste, in pursuance of a direction under section 51(4)(a) above, to a place which is unreasonably far from the waste collection authority’s area.
(11) Any question arising under subsection (9) or (10) above shall, in default of agreement between the two authorities in question, be determined by arbitration.
(1) It shall be the duty of each waste disposal authority to arrange for the disposal of any waste collected by it, in its capacity as a waste collection authority, under section 45 above; and without prejudice to the authority’s powers apart from the following provisions of this subsection, the powers exercisable by the authority for the purpose of performing that duty shall include power—
(a) to provide, within or outside its area, places at which to deposit waste before the authority transfers it to a place or plant or equipment provided under the following paragraph; and
(b) to provide, within or outside its area, places at which to dispose of or recycle the waste and plant or equipment for processing, recycling or otherwise disposing of it.
(2) Subsections (7) and (10) of section 45 above shall have effect in relation to a waste disposal authority as if the reference in paragraph (a) of the said subsection (7) to the collection of waste included the disposal of waste under this section and the disposal of anything produced from waste belonging to the authority.
(3) A waste disposal authority may permit another person to use facilities provided by the authority under the preceding provisions of this section and may provide for the use of another person any such facilities as the authority has power to provide under those provisions, and—
(a) subject to the following paragraph, it shall be the duty of the authority to make a reasonable charge in respect of the use by another person of the facilities unless the authority considers it appropriate not to make a charge;
(b) no charge shall be made under this section in respect of household waste; and
(c) anything delivered to the authority by another person in the course of using the facilities shall belong to the authority and may be dealt with accordingly.
(4) References to waste in subsection (1) above do not include matter removed from privies under section 45(5)(a) or (6) above, and it shall be the duty of a waste collection authority (other than an islands council) by which matter is so removed—
(a) to deliver the matter, in accordance with any directions of the regional council, at a place specified in the directions (which must be in or within a reasonable distance from the waste collection authority’s area), to the regional council or another person so specified;
(b) to give to the regional council from time to time a notice stating the quantity of the matter which the waste collection authority expects to deliver to or as directed by the regional council under the preceding paragraph during a period specified in the notice.
(5) Any question arising under paragraph (a) of the preceding subsection as to whether a place is within a reasonable distance from a waste collection authority’s area shall, in default of agreement between the waste collection authority and the regional council in question, be determined by a single arbiter appointed, in default of agreement between the parties concerned, by the Secretary of State on the application of any of the parties; and anything delivered to a regional council under that subsection shall belong to the council and may be dealt with accordingly.
(6) This section applies to Scotland only.
(1) Nothing in subsection (1)(a) and (b) of section 33 above shall apply to—
(a) the deposit of controlled waste in or on land in the area of a waste disposal authority which is occupied by the authority; or
(b) the treating, keeping or disposing of controlled waste—
(i) in or on land so occupied;
(ii) by means of any mobile plant operated by the waste disposal authority,
if the requirements of subsection (3) below are satisfied.
(2) If any land occupied by a waste disposal authority is used by the authority as a site in or on which to deposit, treat, keep or dispose of or permit other persons to deposit, treat, keep or dispose of controlled waste or if the authority operates their mobile plant for the purpose aforesaid, it shall be the duty of the waste regulation authority to ensure that the land is used and the mobile plant operated in accordance with conditions which are—
(a) calculated to prevent the use from causing pollution of the environment or harm to human health or serious detriment to the amenities of the locality in which the land is situated or the mobile plant may be operated; and
(b) specified in a resolution passed by the waste regulation authority in accordance with the following provisions of this section.
(3) The requirements mentioned in subsection (1) above are, where the deposit is made, or the treating, keeping or disposing is carried out—
(a) by the waste disposal authority that, as respects the land or as the case may be the mobile plant, conditions have been specified by the waste regulation authority by virtue of subsection (2)(b) above and (in so far as current) are complied with;
(b) by another person, that it is with the consent of the waste disposal authority and in accordance with any conditions to which the consent is subject.
(4) Where a waste disposal authority proposes that any land which the waste disposal authority occupies or intends to occupy should be used by that authority or that any mobile plant should be operated by the authority as mentioned in the preceding subsection, it shall be the duty of the waste regulation authority before it gives effect to the proposal—
(a) to prepare a statement of the conditions which the waste regulation authority intends to specify in a resolution to be passed by that authority under paragraph (d) below;
(b) to refer the proposal and the statement—
(i) to the river purification authority whose area includes any of the land in question;
(ii) to the Health and Safety Executive;
(iii) where the waste regulation authority is not also a district planning authority (within the meaning of section 172 of the [1973 c. 65.] Local Government (Scotland) Act 1973), to the general planning authority (within the meaning of that section) whose area includes any of the land; and
(iv) in the case of a proposal to operate mobile plant, to the river purification authority whose area includes the area of the waste disposal authority;
(c) to consider any representations about the proposal and statement which the river purification authority, the Health and Safety Executive or the general planning authority makes to it during the allowed period;
(d) subject to subsection (7) of this section, to pass a resolution—
(i) authorising the deposit, keeping, treatment or disposal of any specified description of controlled waste in or on specified land occupied or to be occupied by the waste disposal authority or the treatment or disposal of any specified description of controlled waste by means of specified mobile plant;
(ii) specifying the conditions in accordance with which the land in question or the mobile plant is to be used by the waste disposal authority as mentioned in the preceding subsection;
(e) where any part of the land to be used is land which has been notified under section 28(1) of the [1981 c. 69.] Wildlife and Countryside Act 1981, to—
(i) refer the proposal and the statement to the appropriate nature conservation body, and
(ii) consider any representations about the proposal and the statement which that body makes to it during the allowed period,
and in this subsection and subsection (13) of this section any reference to the appropriate nature conservation body is a reference, until the date appointed under section 131(3) below, to the Nature Conservancy Council or, after that date, to the Nature Conservancy Council for Scotland.
(5) In subsection (4) above, paragraphs (a) to (c), and in paragraph (d) the words “subject to subsection (7) of this section”, shall have effect only in a case where the proposal is made by a waste disposal authority other than an islands council.
(6) A separate resolution under subsection (4)(d) above shall be passed by the authority—
(a) in respect of each item of mobile plant; and
(b) in relation to each site.
(7) If a river purification authority to which a proposal is referred by a waste regulation authority under paragraph (b) of subsection (4) of this section requests the authority not to proceed with the resolution or disagrees with the authority as to the conditions to be specified in the resolution under paragraph (d) of that subsection, either of them may refer the matter to the Secretary of State and it shall be the duty of the authority not to pass a resolution under that paragraph except in accordance with his decision.
(8) A waste regulation authority by which a resolution has been passed under paragraph (d) of subsection (4) of this section or this subsection may vary or rescind the resolution by a subsequent resolution of the authority.
(9) Paragraphs (a) to (c) of subsection (4) and subsection (7) of this section shall with the necessary modifications apply to a proposal to pass a resolution under subsection (8) above and to such a resolution as they apply to such a proposal as is mentioned in those provisions and to a resolution under the said paragraph (d), except that—
(a) those provisions shall not apply to a resolution, or to a proposal to pass a resolution, which only rescinds a previous resolution; and
(b) the waste regulation authority may postpone the reference under the said subsection (4) so far as the authority considers that by reason of an emergency it is appropriate to do so; and
(c) the waste regulation authority may disregard any other authority or the Health and Safety Executive for the purposes of the preceding provisions of this subsection in relation to a resolution which, in the opinion of the waste regulation authority, will not affect the other authority.
(10) If while a resolution is in force under the preceding provisions of this section it appears to the authority which passed the resolution—
(a) that the continuation of activities to which the resolution relates would cause pollution of the environment or harm to human health or would be seriously detrimental to the amenities of the locality affected; and
(b) that the pollution, harm or detriment cannot be avoided by modifying the conditions relating to the carrying on of the activities,
it shall be the duty of the waste disposal authority to discontinue the activities and of the waste regulation authority to rescind the resolution.
(11) If it appears to a river purification authority that activities to which a resolution under this section relates are causing or likely to cause pollution to controlled waters (within the meaning of Part II of the [1974 c. 40.] Control of Pollution Act 1974) in the area of the authority, the authority may, without prejudice to the provisions of the preceding subsection or the said Part II, request the Secretary of State to direct the waste regulation authority which passed the resolution to rescind it and the waste disposal authority to discontinue the activities; and it shall be the duty of a waste disposal authority and a waste regulation authority to comply with a direction given to it under this subsection.
(12) It shall be the duty of waste regulation authorities to have regard to any guidance issued to them by the Secretary of State with regard to the discharge of their functions under this section.
(13) The period allowed to the river purification authority, the Health and Safety Executive and the general planning authority for the making of representations under subsection (4)(c) above or to the appropriate nature conservation body for the making of representations under subsection (4)(e) above about a proposal is the period of twenty-one days beginning with that on which the proposal is received by that body or such longer period as the waste regulation authority and that body agree in writing.
(14) The Secretary of State may, by regulations, make provision as to conditions which are, or are not, to be included in a resolution; and regulations under this subsection may make different provision for different circumstances.
(15) The Secretary of State may as respects any resolution made or to be made by the authority give to the authority directions—
(a) as to the conditions which are or are not to be included in the resolution;
(b) as to the modifications which it would be appropriate to make in the conditions included in a resolution by virtue of subsection (7) above;
(c) as to the rescinding of the resolution;
and it shall be the duty of the authority to give effect to the directions.
(16) Any resolution of a waste disposal authority under Part I of the [1974 c. 40.] Control of Pollution Act 1974 effective immediately before the commencement of this section shall have effect as if it were a resolution of a waste regulation authority under this section.
(17) This section applies to Scotland only.
(1) This section has effect for conferring on waste disposal authorities and waste collection authorities powers for the purposes of recycling waste.
(2) A waste disposal authority may—
(a) make arrangements with waste disposal contractors for them to recycle waste as respects which the authority has duties under section 51(1) above or agrees with another person for its disposal or treatment;
(b) make arrangements with waste disposal contractors for them to use waste for the purpose of producing from it heat or electricity or both;
(c) buy or otherwise acquire waste with a view to its being recycled;
(d) use, sell or otherwise dispose of waste as respects which the authority has duties under section 51(1) above or anything produced from such waste.
(3) A waste collection authority may—
(a) buy or otherwise acquire waste with a view to recycling it;
(b) use, or dispose of by way of sale or otherwise to another person, waste belonging to the authority or anything produced from such waste.
(4) This section shall not apply to Scotland.