Section 44A

The Secretary of State shall as soon as possible prepare a statement (“the strategy”) containing his policies in relation to the recovery and disposal of waste in England and Wales. The strategy shall consist of or include— a statement which relates to the whole of England and Wales; or two or more statements which between them relate to the whole of England and Wales. The Secretary of State may from time to time modify the strategy. Without prejudice to the generality of what may be included in the strategy, the strategy must include— a statement of the Secretary of State’s policies for attaining the objectives specified in Schedule 2A to this Act; provisions relating to each of the following, that is to say— the type, quantity and origin of waste to be recovered or disposed of; general technical requirements; and any special requirements for particular wastes. In preparing the strategy or any modification of it, the Secretary of State— shall consult the Environment Agency, shall consult— as he may consider appropriate, and such bodies or persons appearing to him to be representative of the interests of local government, and such bodies or persons appearing to him to be representative of the interests of industry, may consult such other bodies or persons as he considers appropriate. Without prejudice to any power to give directions conferred by section 40 of the Environment Act 1995, the Secretary of State may give directions to the Environment Agency requiring it— to advise him on the policies which are to be included in the strategy; to carry out a survey of or investigation into— and to report its findings to him. the kinds or quantities of waste which it appears to that Agency is likely to be situated in England and Wales, the facilities which are or appear to that Agency likely to be available or needed in England and Wales for recovering or disposing of any such waste, any other matter upon which the Secretary of State wishes to be informed in connection with his preparation of the strategy or any modification of it, A direction under subsection (6)(b) above— shall specify or describe the matters or the areas which are to be the subject of the survey or investigation; and may make provision in relation to the manner in which— the survey or investigation is to be carried out, or the findings are to be reported or made available to other persons. Where a direction is given under subsection (6)(b) above, the Environment Agency shall, in accordance with any requirement of the direction,— before carrying out the survey or investigation, consult— as it may consider appropriate; and such bodies or persons appearing to it to be representative of local planning authorities, and such bodies or persons appearing to it to be representative of the interests of industry, make its findings available to those authorities. The Environment Agency shall publicise any direction given to it under subsection (6) above in such manner as it considers appropriate. In this section— “local planning authority” has the same meaning as in the Town and Country Planning Act 1990; “strategy” includes the strategy as modified from time to time and “statement” shall be construed accordingly. This section makes provision for the purpose of implementing Article 7 of the directive of the Council of the European Union, dated 15th July 1975, on waste, as amended by— the directive of that Council, dated 18th March 1991, amending directive 75/442/EEC on waste; and the directive of that Council, dated 23rd December 1991, standardising and rationalising reports on the implementation of certain Directives relating to the environment.

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Source: legislation.gov.uk · retrieved 2026-07-30