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PART 3 Procedures for the preparation or modification of the national waste management plan

Application of this Part

5.—(1) This Part applies to the modification of the national waste management plan as it applies to the preparation of such a plan.

(2) This Part does not apply to–

(a) a national waste management plan or any part of such a plan designed for the sole purpose of serving national defence or civil emergencies; or

(b) a national waste management plan for which a public participation procedure is carried out under the Environmental Assessment (Scotland) Act 2005(16).

Public participation procedures

6.—(1) As soon as reasonably practicable after preparing proposals for the national waste management plan or its modification the Scottish Ministers must–

(a) send a copy of the proposals to the persons or bodies mentioned in regulation 3(5);

(b) take such steps as they consider appropriate to bring the proposals to the attention of the persons who in their opinion–

(i) are affected by,

(ii) are likely to be affected by; or

(iii) have an interest in,

the plan;

(c) inform the public consultees of the address (which may include a website)–

(i) at which a copy of the proposals may be viewed,

(ii) from which a copy of the proposals may be obtained;

(d) invite the persons or bodies mentioned in regulation 3(5) and the public consultees to express their opinion 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)(d) must be of such length as will ensure that the persons or bodies mentioned in regulation 3(5) and the public consultees are given an early and effective opportunity to express their opinion on the proposals.

(3) During the period referred to in paragraph (1)(d), the Scottish Ministers must keep a copy of the proposals for inspection by the public at all reasonable times free of charge.

(4) Nothing in paragraph (1)(c) requires the Scottish Ministers to provide copies free of charge; but where a charge is made, it must be of a reasonable amount.

Procedures following public participation

7.—(1) Before decisions on the national waste management plan or its modification are made the Scottish Ministers must take account of any opinions expressed in accordance with regulation 6(1)(d).

(2) As soon as reasonably practicable after making decisions on the national waste management plan the Scottish Ministers must–

(a) inform–

(i) the persons or bodies mentioned in regulation 3(5), and

(ii) the public consultees,

of the matters set out in paragraph (3);

(b) take such steps as they consider appropriate to bring the matters in paragraph (3) to the attention of the public;

(c) if they have adopted the national waste management plan, make a copy of the plan available for inspection by the public at all reasonable times and free of charge.

(3) The matters are–

(a) the decisions made by the Scottish Ministers on the national waste management plan;

(b) the reasons and considerations upon which those decisions are based; and

(c) information about the public participation procedures.

PART 4 Consequential repeals and amendments

Consequential repeals and amendments

8.—(1) In the 1990 Act–

(a) section 44B of, and Schedule 2A to, that Act(17) are repealed; and

(b) in section 44ZA(18)–

(i) in subsection (2)(a), for “the National Waste Strategy” substitute “national waste management plan”; and

(ii) in subsection (6), for the definition of “National Waste Strategy” there is substituted the following definition–

““national waste management plan” means the plan mentioned in regulation 3(1) of the National Waste Management Plan for Scotland Regulations 2007 (S.S.I. 2007/251), however constituted at the time and as modified from time to time.”.

(2) In Part I of Schedule 4 to the Waste Management Licensing Regulations 1994(19)(waste framework directive etc.)–

(a) in paragraph 1, in the definition of “plan-making provisions”,

(i) omit “section 44B of that Act”, and

(ii) substitute “the National Waste Management Plan for Scotland Regulations 2007 (S.S.I. 2007/ 251)”; and

(b) in paragraph 3, in Table 5–

(i) in the first column of the second row of that table, at the end insert “or the Scottish Ministers”, and

(ii) in the second column of the second row of that table–

(aa) omit “or 44B”, and

(bb) at the end insert “and preparing the national waste management plan, or any modification of it, in accordance with the National Waste Management Plan for Scotland Regulations 2007 (S.S.I. 2007/251)”.