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Regulation 11 Objections to shipments of waste in accordance with a waste management plan made by the Secretary of State

Original text. Later amendments are not shown.

(1)

The Secretary of State shall prepare a waste management plan (“the plan”) in accordance with Article 7 of Council Directive 75/442/EECf1which shall contain his policies in relation to the import and export of waste for recovery or disposal into and out of the United Kingdom.

(2)

Any provision in the plan relating to the prevention of imports or exports of waste for disposal shall be in accordance with the principles referred to in Article 4(3)(a)(i), but shall be subject to Article 4(3)(a)(ii) and (iii).

(3)

For the purpose of preventing movements of waste which are not in accordance with the plan—

(a)

a competent authority of destination shall, within the applicable time limit, object to any shipment of waste notified under Article 3(1) or 20(1), which the plan indicates should not be imported into the United Kingdom;

(b)

a competent authority of dispatch shall, within the applicable time limit, object to any shipment of waste notified under Article 3(1) or 15(1), which the plan indicates should not be exported from the United Kingdom.

(4)

In the case of shipments of waste to which Article 7(4) applies, competent authorities of destination and dispatch shall, within the applicable time limit, raise reasoned objections under the first indent of Article 7(4)(a) to prevent movements of waste which are not in accordance with the plan.

(5)

It shall be the duty of the Secretary of State—

(a)

to send a copy of the plan to each competent authority of dispatch and destination; and

(b)

to make copies of the plan available to the public on payment of such reasonable charges as he thinks fit.

(6)

Paragraph 4(1)(b) of Schedule 4 to the Waste Management Licensing Regulations 1994f2shall have effect as if the reference to any plan made under the plan-making provisions included a reference to a plan made under this regulation.

Annotations

Footnotes

f1

See the definition of “prescribed”.

f2

1989 c. 14.