Commentary on Provisions Household waste Section 17: Targets for waste collection authorities relating to household waste recycling
91.Section 17 of the Act inserts a new section 47B into the Environmental Protection Act 1990 (“the 1990 Act”). Section 47B(1) gives a power to the Scottish Ministers to make regulations imposing targets on local authorities relating to the recycling of household waste; these regulations will be subject to the affirmative Parliamentary procedure as section 17(3) adds reference to them to section 160A(2) of the 1990 Act. The effect of section 47B(2) is that targets can only be imposed from 1 April 2030.
92.Section 47B(3) makes further provision about the content of regulations under subsection (1). The regulations may, among other matters, specify targets to be achieved by local authorities, make provision about the enforcement of the targets, and confer functions on SEPA in relation to monitoring the achievement of the targets.
93.Section 47B(4) requires the Scottish Ministers to consult publicly, and in particular to consult local authorities and SEPA before laying a draft of regulations under subsection (1) before the Scottish Parliament.
94.Section 47B(5) provides that regulations under subsection (1) may make different provision for different purposes, including for different local authorities; may modify any legislation, including the Act itself; and may make the ancillary provision listed in subsection (5)(c).