PART 1 General

Citation, commencement and extent

1.—(1) These Regulations may be cited as the National Waste Management Plan for Scotland Regulations 2007 and come into force on the day after the day on which they are made.

(2) These Regulations extend to Scotland only.

Interpretation

2.  In these Regulations–

“the 1990 Act” means the Environmental Protection Act 1990(2);

“hazardous waste” has the same meaning as in Article 1(4) of Council Directive 91/689/EEC on hazardous waste(3);

“the National Planning Framework” means the document “the National Planning Framework for Scotland” published by the Scottish Executive on 1 April 2003(4);

“National Planning Policy Guideline 10” means the document “National Planning Policy Guideline (NPPG) 10 – Planning and Waste Management” published by the Scottish Office in March 1996(5);

“national waste management plan” means the plan mentioned in regulation 3(1);

“the National Waste Plan” means the document “the National Waste Plan 2003” published by the Scottish Executive and SEPA in February 2003;

“the Packaging Waste Directive” means the European Parliament and Council Directive 94/62/EC of 20th December 1994 on packaging and packaging waste(6);

“Planning Advice Note 63” means the document “Planning Advice Note (PAN) 63 – Waste Management Planning” published by the Scottish Executive in February 2002(7);

“public consultees” means the persons to whose attention proposals for the national waste management plan are brought by the Scottish Ministers pursuant to regulation 6(1)(b);

“SEPA” means the Scottish Environment Protection Agency; and

“the Waste Data Digest” means any of the following documents published by SEPA–

PART 2 National waste management plan for Scotland

National waste management plan for Scotland

3.—(1) The Scottish Ministers must have a national waste management plan containing their policies in relation to the recovery and disposal of waste in Scotland.

(2) The national waste management plan or any modification of it must consist of–

(a) a statement which relates to the whole of Scotland; or

(b) two or more statements which together relate to the whole of Scotland.

(3) The national waste management plan or any modification of it must include–

(a) a statement of the Scottish Ministers' policies for attaining the objectives specified in the Schedule to these Regulations;

(b) in pursuance of the objectives and measures referred to in the Packaging Waste Directive, a chapter on the management of packaging and packaging waste, including measures taken pursuant to Articles 4 and 5 of that Directive; and

(c) provisions relating to the following–

(i) the type, quantity and origin of waste to be recovered or disposed of;

(ii) general technical requirements;

(iii) any special arrangements for particular wastes;

(iv) suitable disposal sites or installations;

(v) the management of hazardous waste.

(4) The Scottish Ministers may from time to time modify the national waste management plan.

(5) In preparing the national waste management plan, or any modification of it, the Scottish Ministers must consult–

(a) SEPA;

(b) Scottish Natural Heritage;

(c) such bodies or persons appearing to them to be representative of the interests of local government and industry respectively as they think fit; and

(d) such other persons as they think fit.

(6) Until the Scottish Ministers have prepared a plan which is to constitute the national waste management plan, the national waste management plan is taken to be constituted by policies or other text which satisfy paragraphs (2) and (3) and which are set out in the following documents–

(a) a statement under section 44B of the 1990 Act(14);

(b) the National Waste Plan;

(c) National Planning Policy Guideline 10;

(d) Planning Advice Note 63;

(e) the Waste Data Digest;

(f) the National Planning Framework.

Directions to SEPA

4.—(1) Without prejudice to any power to give directions conferred by section 40 of the Environment Act 1995(15), the Scottish Ministers may give directions to SEPA requiring it–

(a) to advise them on the policies which are to be included in the national waste management plan or any modification of it;

(b) to carry out a survey or investigation into any other matter in connection with the Scottish Ministers' preparation of that plan or any modification of it and to report its findings to them;

(c) to provide such other advice and assistance as Ministers consider appropriate as regards the promotion, development, implementation, monitoring and review of that plan or any modification of it.

(2) A direction under paragraph (1)(b)–

(a) must specify or describe the matters or the areas 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 or made available.

(3) Where a direction is given under paragraph (1)(b), SEPA may also consult any body or person that it considers appropriate but is not specified in the direction.

(4) SEPA must make its findings available to any bodies or persons it consults.