Greater London Authority Bill - continued        House of Lords
PART IX, ENVIRONMENTAL FUNCTIONS - continued
Waste - continued

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Directions by the Mayor.     314. - (1) Where the Mayor considers that it is necessary for the purposes of the implementation of the municipal waste management strategy, he may give to a waste collection authority in Greater London, or a waste disposal authority in Greater London, a direction-
 
 
    (a) requiring the authority to exercise a function in a manner specified in the direction, or
 
    (b) requiring the authority not to exercise a function specified in the direction.
      (2) The power of the Mayor to give a direction to an authority under subsection (1) above-
 
 
    (a) may be exercised either generally or specially, and
 
    (b) may only be exercised after consultation with the authority concerned.
      (3) Where the Mayor gives an authority a direction under subsection (1) above, the authority to whom the direction is given shall comply with the direction.
 
Interpretation of sections 311 to 314.     315. For the purposes of sections 311 to 314 above-
 
 
    "disposal", in relation to waste, shall be construed in accordance with section 29(6) of the Environmental Protection Act 1990,
 
    "municipal waste" means any waste in the possession or under the control of-
 
      (a) a body which, or a person who, is a waste collection authority in Greater London, or
 
      (b) a body which is a waste disposal authority in Greater London,
 
    whether or not the waste is in the possession or under the control of the body or person under or by virtue of that Act,
 
    "recovery", in relation to waste, includes the recovery of materials from waste and the recovery of energy from waste,
 
    "treatment", in relation to waste, shall be construed in accordance with section 29(6) of the Environmental Protection Act 1990,
 
    "waste" shall be construed in accordance with section 75 of that Act,
 
    "waste collection authority in Greater London" shall be construed in accordance with section 30(3)(b) of that Act, and
 
    "waste disposal authority in Greater London" shall be construed in accordance with section 30(2)(b) of that Act.
Waste recycling plans.     316. - (1) Section 49 of the Environmental Protection Act 1990 (duty of waste collection authorities to produce waste recycling plans) shall be amended as follows.
 
      (2) In subsection (4) (duty of waste collection authorities to send a draft of the waste recycling plan to the Secretary of State) after "a waste collection authority" there shall be inserted "other than a waste collection authority in Greater London".
 
      (3) After that subsection there shall be inserted-
 
 
    "(4A) It shall be the duty of a waste collection authority in Greater London, before finally determining the content of the plan or a modification, to send a copy of it in draft to the Mayor of London.
 
      (4B) It shall be the duty of the Mayor of London to consider the draft plan or modification sent to him under subsection (4A) above and to give to the authority such directions as he considers necessary for securing compliance with subsection (3) above.
 
      (4C) Where the Mayor of London gives any direction to a waste collection authority under subsection (4B) above, it shall be the duty of the authority to comply with the direction."
 
      (4) In subsection (7) (directions by the Secretary of State as to the time within which duties imposed by the section are to be performed) after "any waste collection authority" there shall be inserted "other than a waste collection authority in Greater London".
 
      (5) After that subsection there shall be inserted-
 
 
    "(7A) The Mayor of London may give to any waste collection authority in Greater London directions as to the time by which the authority is to perform any duty imposed by this section specified in the direction; and it shall be the duty of the authority to comply with the direction."
 
 
Air quality
The Mayor's air quality strategy.     317. - (1) The Mayor shall prepare and publish a document to be known as the "London air quality strategy".
 
      (2) The London air quality strategy shall contain the Mayor's proposals and policies-
 
 
    (a) for the implementation in Greater London of the policies contained in the strategy prepared and published by the Secretary of State in accordance with section 80 of the Environment Act 1995 (national air quality strategy), and
 
    (b) for the achievement in Greater London of the air quality standards and objectives prescribed in regulations made under section 87(2)(a) and (b) of that Act,
  and may contain such other proposals and policies relating to the improvement of air quality in Greater London as the Mayor considers appropriate.
 
      (3) The London air quality strategy shall also contain information about-
 
 
    (a) the air quality in Greater London and the likely future air quality in Greater London,
 
    (b) the measures which are to be taken by the Authority, Transport for London and the London Development Agency for the purpose of the implementation of the London air quality strategy,
 
    (c) the measures which other persons or bodies are to be encouraged by the Mayor to take for the purpose of the implementation of the London air quality strategy.
      (4) In preparing or revising the London air quality strategy the Mayor shall have regard-
 
 
    (a) to reviews and assessments of air quality made by local authorities in Greater London in accordance with section 82 of the Environment Act 1995,
 
    (b) to any designation by a local authority in Greater London of an air quality management area in accordance with section 83 of that Act,
 
    (c) to any plan prepared for the purposes of the achievement of air quality standards by a local authority in Greater London in accordance with section 84(2)(b) of that Act, and
 
    (d) to any guidance about the content of the London air quality strategy given to him by the Secretary of State for the purposes of the implementation of the strategy prepared and published by the Secretary of State in accordance with section 80 of that Act, (national air quality strategy).
      (5) In preparing or revising the London air quality strategy the Mayor shall consult-
 
 
    (a) the Environment Agency, and
 
    (b) any local authority the area of which has a boundary which adjoins any part of the boundary of Greater London.
      (6) Where the Mayor revises the London air quality strategy, he shall publish it as revised.
 
      (7) In this Act, references to the London air quality strategy include, except where the context otherwise requires, a reference to the London air quality strategy as revised.
 
Directions by the Secretary of State.     318. - (1) Where the Secretary of State considers that either of the conditions specified in subsection (2) below is satisfied, he may give the Mayor a direction about the content of the London air quality strategy.
 
      (2) The conditions mentioned in subsection (1) above are-
 
 
    (a) that the London air quality strategy or its implementation is likely to be detrimental to any area outside Greater London, or
 
    (b) that a direction about the content of the London air quality strategy is required for the purposes of the implementation of the policies contained in the strategy prepared and published by the Secretary of State in accordance with section 80 of the Environment Act 1995 (national air quality strategy).
      (3) The power of the Secretary of State to give a direction to the Mayor under subsection (1) above-
 
 
    (a) may be exercised either generally or specially, and
 
    (b) may only be exercised after consultation with the Mayor.
      (4) Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall comply with the direction.
 
Duty of local authorities in Greater London.     319. In exercising any function under Part IV of the Environment Act 1995 (air quality) a local authority in Greater London shall have regard to the London air quality strategy.
 
 
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