Greater London Authority Bill

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

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Waste recycling plans.

356. - (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.

357. - (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.

358. - (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.

359. 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.

Directions by the Mayor.

360. - (1) The Mayor may give a direction to any local authority in Greater London requiring the authority to provide him with such information, advice and assistance as he may require in the preparation and revision of the London air quality strategy.

(2) The power of the Mayor to give a direction to an authority under subsection (1) above may be exercised either generally or specially.

(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 357 to 360.

361. For the purposes of section 357 to 360 above "local authority" has the meaning given to it by section 91(1) of the Environment Act 1995.

Directions under the Environment Act 1995.

362. - (1) Section 85 of the Environment Act 1995 (reserve powers of the Secretary of State in relation to air quality) shall be amended in accordance with subsections (2) to (4) below.

(2) In subsection (1) (definition of "appropriate authority" for the purposes of the section)-

(a) in paragraph (a), for the words "England and Wales, the Secretary of State; and" there shall be substituted the words "local authorities in England and Wales other than local authorities in Greater London, the Secretary of State;", and

(b) after that paragraph there shall be inserted-

"(aa) in relation to local authorities in Greater London, the Mayor of London; and".

(3) After subsection (4) there shall be inserted-

	"(4A) The powers of the Mayor of London to give directions under this section to a local authority in Greater London may only be exercised after consultation with the local authority concerned.
	(4B) In exercising any function under subsection (2), (3) or (4) above the Mayor of London shall have regard to any guidance issued by the Secretary of State to local authorities under section 88(1) below."

(4) In subsection (5) (power of the Secretary of State to give directions relating to obligations under the Community Treaties or to international obligations) after "local authorities" there shall be inserted ", other than local authorities in Greater London,".

(5) After subsection (6) (publishing of directions under the section) there shall be inserted-

"(6A) The Mayor of London shall send a copy of any direction he gives under this section to the Secretary of State."

Duty of the Mayor in relation to air quality action plans.

363. After section 86 of the Environment Act 1995 (functions of county councils in relation to district councils) there shall be inserted-

"Functions exercisable by the Mayor of London.	86A. - (1) Where a local authority in Greater London is preparing an action plan, the Mayor of London (referred to in this section as "the Mayor") shall, within the relevant period, submit to the authority proposals for the exercise (so far as relating to the designated area) by the Mayor, in pursuit of the achievement of air quality standards and objectives, of any powers exercisable by the Mayor.
	(2) Where the Mayor submits proposals to a local authority in pursuance of subsection (1) above, he shall also submit a statement of the time or times by or within which he proposes to implement each of the proposals.
	(3) An action plan shall include a statement of-
	(a) any proposals submitted pursuant to subsection (1) above; and
	(b) any time or times set out in the statement submitted pursuant to subsection (2) above."

Consultation with the Mayor.

364. In paragraph 1 of Schedule 11 to the Environment Act 1995 (duty of local authorities to consult certain persons in the exercise of their functions under Part IV of that Act), after sub-paragraph (2) there shall be inserted-

	"(2A) A local authority specified in sub-paragraph (2B) below shall in carrying out the functions falling within sub-paragraph (1)(a) to (c) above also consult the Mayor of London.
	(2B) The local authorities mentioned in sub-paragraph (2A) above are-
	(a) any local authority in Greater London,
	(b) any local authority whose area is contiguous to the area of Greater London."

Noise

The London ambient noise strategy.

365. - (1) The Mayor shall prepare and publish a document to be known as the "London ambient noise strategy".

(2) The London ambient noise strategy shall consist of-

(a) information about ambient noise levels in Greater London and the impact of such noise levels on those living and working in Greater London,

(b) an assessment of the impact of the Mayor's strategies specified in section 41(1) above on ambient noise levels in Greater London, and

(c) a summary of action taken, or proposed to be taken, by the Mayor for the purpose of promoting measures to reduce ambient noise levels in Greater London and the impact of such noise levels on those living and working in Greater London.

(3) In this section-

"ambient noise" means-

(a) noise related to transport, including road traffic, rail traffic, aircraft and water transport; and

(b) noise of such other descriptions as the Mayor may consider it appropriate to include in the matters dealt with by the London ambient noise strategy,

but does not include noise falling within subsection (4) below; and

"noise" includes vibration.

(4) In this section "ambient noise" does not include noise (other than noise from fixed industrial sources) which is a statutory nuisance within the meaning of-

(a) section 79(1)(g) of the Environmental Protection Act 1990 (noise emitted from premises so as to be prejudicial to health or a nuisance), or

(b) section 79(1)(ga) of that Act (noise that it prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street, but which by virtue of section 79(6A) of that Act does not include noise that is made by traffic, and noise from certain other sources).

(5) In preparing or revising the London ambient noise strategy the Mayor shall consult the Environment Agency.

(6) Where the Mayor revises the London ambient noise strategy he shall publish it as revised.

(7) In this Act, references to the London ambient noise strategy include, except where the context otherwise requires, a reference to the London ambient noise strategy as revised.

Consultation about aviation noise.

366. - (1) A person who provides air navigation services shall consult the Mayor about the matters specified in subsection (2) below where it is reasonably practicable to do so.

(2) Those matters are-

(a) the proposed alteration by that person of any route used regularly by civil aircraft before arrival at, or after departure from, any aerodrome;

(b) the proposed addition by that person of any route to be so used;

(c) any substantial alteration proposed to be made by that person to procedures used for managing the arrival of civil aircraft at any aerodrome,

where the proposed alteration or addition will have a significant adverse effect on the noise caused by civil aircraft in Greater London.

(3) For the purposes of subsection (2) above the reference to a route used regularly by civil aircraft includes a reference to the altitude at which such aircraft regularly fly.

(4) In this section-

"aerodrome" has the meaning given by subsection (1) of section 105 of the Civil Aviation Act 1982;

"air navigation services" shall be construed in accordance with that subsection;

"noise" includes vibration.

Consultation at aerodromes.

367. - (1) Section 35 of the Civil Aviation Act 1982 (facilities to be provided by certain aerodromes for consultation with bodies representing local interests) shall be amended as follows.

(2) After subsection (2) (persons or bodies to be consulted) there shall be inserted-

"(3) The reference in subsection (2)(b) above to any local authority includes in relation to the area of Greater London a reference to the Mayor of London acting on behalf of the Greater London Authority."

Miscellaneous and supplementary

Functional bodies to have regard to strategies under this Part.

368. In exercising any function, each of the functional bodies shall have regard to the strategies prepared and published by the Mayor under this Part.

Abolition of the London Ecology Committee.

369. The joint committee appointed pursuant to the provisions of Part VI of the Local Government Act 1972 and known as "the London Ecology Committee" is abolished by this section.

Prepared 27 October 1999