Office of Public Sector Information
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(9) containing his policies on the bringing into, or dispatch from, the United Kingdom of waste for disposal.
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).
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.
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.
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.
16. Paragraph 4(1)(b) of Schedule 4 to the Waste Management Licensing Regulations 1994(10) and paragraph 4(1)(b) of Part 1 of Schedule 3 to the Waste Management Licensing Regulations (Northern Ireland) 2003(11) 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.
17. A person commits an offence if he fails to comply with Article 49(1) (the management of shipments of waste in an environmentally sound manner and without endangering human health).
18. A person commits an offence if he transports waste other than in accordance with—
(a) the notification document or movement document, in the case of notifiable waste; or
(b) the Annex VII document, in the case of waste subject to the procedural requirements of Article 18(1).
19.—(1) This regulation applies to waste specified in Article 3(1)(a) or (b) that originates in the Community and is either brought into the United Kingdom or destined for another member State, whether or not that waste passes through a third country.
(2) A person who transports such waste commits an offence if he does so without—
(a) the competent authority of dispatch having been notified in accordance with Article 4;
(b) a contract having been entered into or a declaration having been made in accordance with Article 5;
(c) a financial guarantee or equivalent insurance being in place and approved by the competent authority in accordance with Article 6;
(d) a consent issued by the competent authority of dispatch and destination in accordance with Article 9 and a consent issued by the competent authority of transit, unless there is tacit consent to the transit in accordance with Article 9(1);
(e) the movement document having been—
(i) completed in accordance with Article 16, first paragraph and Article 16(a); or
(ii) sent to the competent authorities concerned and the consignee in accordance with Article 16(b);
(f) the waste being accompanied by the movement document and notification document in accordance with Article 16(c); or
(g) the competent authorities and consignee having been notified of any change in the details or conditions of the shipment in accordance with Article 17 and, in such a case, a new notification having been submitted in accordance with that Article.
(3) He commits an offence if—
(a) he does so in breach of any condition imposed under Article 10;
(b) in the case of a shipment covered by a general notification, he does so without the competent authorities concerned having been notified of a change in route in accordance with Article 13(2);
(c) in the case of a shipment of waste destined for an interim recovery or disposal operation, he does so without the notification document having been completed in accordance with Article 15(a); or
(d) he fails to comply with Article 19.
20.—(1) This regulation applies to waste specified in Article 3(2) or (4) that originates in the Community and is either brought into the United Kingdom or is destined for another member State, whether or not that waste passes through a third country.
(2) A person who transports such waste commits an offence if—
(a) he does so without the waste being accompanied by a completed Annex VII document in accordance with Article 18(1)(a), that is signed in accordance with Article 18(1)(b);
(b) in the case of waste specified in Article 3(2), he does so without a contract as referred to in Article 18(2) having been entered into; or
(c) he fails to comply with Article 19.
OJ No L 114, 27.4.2006, p 9. Back [9]
S.I. 1994/1056, to which there are amendments not relevant to these Regulations. Back [10]
S.R. (NI) 2003 No 493. Back [11]
The Transfrontier Shipment of Waste Regulations 2007