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UK Department for Environment, Food and
Rural Affairs (Defra) has published a summary of responses to its recent
consultation on draft Regulations and draft Guidance for establishing
Joint Waste Authorities (JWAs) in England.
The option of JWAs was sought
by local authorities to help deliver a more efficient and sustainable
waste management service and to provide a legal framework for joint waste
working arrangements. The consultation was launched in March 2008 and
closed in June. Eighty-three responses were received, from a range of
local Government and waste stakeholders.
In light of comments,
Defra will consider
expanding some areas of the draft guidance to provide more detail about
the information that should be included in a proposal for a JWA.
Key issues raised by respondents include:
- General support for the option of
partnership working offered by JWA, and for the ground covered by the
draft Regulations and draft guidance;
- Majority support for flexibility for
the constituent authorities in JWAs
to determine their own voting arrangements, in line with normal practice
for local authorities, including on which issues unanimity voting should
apply. Defra will reflect in the final version of the guidance that it is
for constituent authorities in a JWA to agree their own voting procedures.
The guidance will also suggest a range of issues for which unanimous
voting may be appropriate;
- The need for flexibility after JWAs have been established, so for
example an existing JWA will be able to take on additional waste
collection, disposal, or street cleansing functions or remove any such
functions. The draft guidance will be clarified to explain that this is
possible subject to the agreement of all relevant local authorities,
suitable to local consultation, and a clear demonstration of the
benefits that would arise;
- Support for a requirement that
proposals for collection-only JWAs in
two-tier areas must justify why the involvement
of the
Waste Disposal
Authority (WDA) is not
appropriate, and indicate what engagement of the WDA there has been. The draft Regulations will be amended to ensure that
this is the case; and
- In line with views received, the draft
Regulations will be amended to require that either a letter of political
endorsement from all the authorities party to a JWA or a minute of resolution from each
authorities’ decision making body is included with any proposal.
The Government will now review the draft
guidance and amend it where appropriate. It is intended that the
Regulations will come into force in the autumn. The final guidance will be
published at the same time.
Source: Defra
Autor: - jk -

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