Greater London Authority Bill

Greater London Authority Bill - continued	House of Commons

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PART IX

ENVIRONMENTAL FUNCTIONS

Report on the state of the environment

The Mayor's environmental report.

242. - (1) The Mayor shall produce and publish a report on the environment in Greater London to be known as a "state of the environment report".

(2) The report required of the Mayor under subsection (1) shall be published-

(a) in the case of the first state of the environment report, before the end of the period of three years beginning with the day of the first ordinary election, and

(b) in the case of each state of the environment report subsequent to the first, before the end of the period of four years beginning with the day on which the previous state of the environment report was published.

(3) A state of the environment report shall contain information about the following matters in relation to Greater London-

(a) air quality and emissions to air, including in particular emissions from road traffic,

(b) road traffic levels,

(d) ground water levels,

(e) energy consumption and the emission of substances which contribute to global warming,

(f) land quality,

(g) the production, recycling and disposal of waste,

(h) noise,

(i) natural resources, and

(k) litter,

and may contain information about any other matters in relation to Greater London which the Mayor considers appropriate.

(4) Before producing a state of the environment report, the Mayor shall consult-

(a) the Environment Agency,

(b) each London borough council,

(d) any other person who the Mayor considers it appropriate to consult.

(5) For the purposes of subsection (3)(b) above, information about road traffic levels means information about-

(a) the number of vehicles using roads in Greater London,

(b) the length of journeys made by road vehicles in Greater London, and

The London Biodiversity Action Plan

The Mayor's Biodiversity Action Plan.

243. - (1) The Mayor shall prepare and publish a document to be known as the "London Biodiversity Action Plan".

(2) The London Biodiversity Action Plan shall contain information about-

(a) the ecology of Greater London,

(b) the wildlife of Greater London and its habitat,

(c) any proposals for the conservation and promotion by the Mayor of biodiversity within Greater London, which have been agreed between the Mayor and any person or body he is required to consult in relation to the London Biodiversity Action Plan, and

(d) any commitments as to the conservation and promotion of biodiversity within Greater London made by any person or body who is required to be consulted by the Mayor in relation to the London Biodiversity Action Plan.

(3) In preparing or revising the London Biodiversity Action Plan the Mayor shall consult-

(a) the Nature Conservancy Council for England,

(b) the Countryside Commission, and

(4) In preparing or revising the London Biodiversity Action Plan the Mayor shall also-

(a) have regard to any plans relating to biodiversity prepared by a London borough council or the Common Council, and

(b) have regard to any guidance given to him by the Secretary of State about the matters which he is to take into account in preparing or revising the London Biodiversity Action Plan.

(5) Where the Mayor revises the London Biodiversity Action Plan, he shall publish it as revised.

(6) In this Act, references to the London Biodiversity Action Plan include, except where the context otherwise requires, a reference to the London Biodiversity Action Plan as revised.

Waste management

The Mayor's municipal waste management strategy.

244. - (1) The Mayor shall prepare and publish a document to be known as the "municipal waste management strategy".

(2) The municipal waste management strategy shall contain the Mayor's proposals and policies for the recovery, treatment and disposal of municipal waste which originates in Greater London.

(3) In preparing the municipal waste management strategy the Mayor is to have regard to the plans prepared by waste collection authorities in Greater London in accordance with section 49 of the Environmental Protection Act 1990 (waste recycling plans).

(4) In preparing or revising the municipal waste management strategy the Mayor shall have regard to-

(a) the strategy prepared by the Secretary of State in accordance with section 44A of the Environmental Protection Act 1990 (the national waste strategy), and

(b) any guidance given to him by the Secretary of State for the purposes of the implementation of that strategy and relating to the content of the municipal waste management strategy.

(5) In preparing or revising the municipal waste management strategy the Mayor shall consult-

(a) the Environment Agency,

(b) waste disposal authorities in Greater London,

(c) any waste disposal authority the area of which has a boundary which adjoins any part of the boundary of Greater London,

(d) local authorities in whose areas waste originating in Greater London is disposed of by waste disposal authorities in Greater London or is proposed in the strategy to be so disposed of, and

(e) any other body which is concerned with the recovery, treatment or disposal of waste which originates in Greater London and which the Mayor considers it appropriate to consult.

(6) Where the Mayor revises the municipal waste management strategy, he shall publish it as revised.

(7) In this Act, references to the municipal waste management strategy include, except where the context otherwise requires, a reference to the municipal waste management strategy as revised.

Directions by the Secretary of State.

245. - (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 municipal waste management strategy.

(2) The conditions mentioned in subsection (1) above are-

(a) that the municipal waste management 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 municipal waste management strategy is required for the purposes of the implementation of the policies contained in the strategy prepared by the Secretary of State in accordance with section 44A of the Environmental Protection Act 1990 (national waste 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.

Duties of waste collection authorities etc.

246. In exercising any function under Part II of the Environmental Protection Act 1990 (waste on land)-

(a) each of the waste collection authorities in Greater London, and

(b) each of the waste disposal authorities in Greater London,

shall have regard to the municipal waste management strategy.

Directions by the Mayor.

247. - (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 244 to 247.

248. For the purposes of sections 244 to 247 above-

"disposal", in relation to waste, shall be construed in accordance with section 29(6) of the Environmental Protection Act 1990,

"municipal waste" means waste which is collected by the waste collection authorities in Greater London in accordance with section 45 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.

Functions under the Environmental Protection Act 1990

Waste recycling plans.

249. - (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 in London

The Mayor's air quality strategy.

250. - (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.

Prepared 3 December 1998