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INFORMATION BULLETIN

Ref: 272/08
Date: 15 August 2008

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Joint Waste Authorities – Summary of consultation responses published

Defra has published a summary of responses to its recent consultation on draft Regulations and draft Guidance for establishing Joint Waste Authorities (JWAs) in England.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.

In light of comments, Defra will consider expanding some areas of the draft guidance to provide more detail about the information that should be included in a proposal for a JWA.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support for the option of partnership working offered by JWA, and for the ground covered by the draft Regulations and draft guidance;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 The draft guidance will be clarified to explain that this is possible subject to the agreement of all relevant local authorities, suitable to local consultation, and a clear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The Government will now review the draft guidance and amend it where appropriate.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.

Notes to editors

  1. The consultation was launched on 17 March 2008 and closed on 9 June. Eighty-three responses were received, from a range of local Government and waste stakeholders.
  2. Powers to establish Joint Waste Authorities (JWAs) were introduced by Government in the Local Government and Public Involvement in Health Act 2007. They allow two or more local authorities to submit proposals to transfer one or more of their waste functions (waste collection, waste disposal and/or street cleansing) to a new statutory body.
  3. JWAs are a voluntary initiative which give local authorities another partnership model for joint working on waste. A JWA would be different from existing models in that it would be a new legal entity and it would be able to sign contracts and employ staff in its own right.
  4. Joint working on waste is becoming increasingly important in the drive for more efficient and sustainable waste management and for meeting the UK's Landfill Directive obligations.
  5. The Secretary of State for Environment, Food and Rural Affairs may make Regulations to make provisions as to matters to be included in a proposal for a JWA, and information that must accompany a proposal. He may also issue guidance as to what a proposal should seek to achieve and matters that should be taken into account in formulating a proposal. Local authorities will be obliged to have regard to any such guidance in making their proposals.
  6. The Government has now consulted on draft Regulations and draft guidance (see www.defra.gov.uk/corporate/consult/jwa/). The summary of consultation responses published today sets out the views received from stakeholders and indicates how we plan to respond.

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Page published: 15 August 2008

Department for Environment, Food and Rural Affairs