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The Landfill Allowances Scheme (Northern Ireland) Regulations 2004

Type Ni-Statutory-Rule

Publication 2004-09-29

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

Reform history JSON API PDF

Made: 29th September 2004

To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000

Coming into operation: 1st April 2005

The Department of the Environment, in exercise of the powers conferred upon it by sections 6, 7, 10 to 13, 15, 16, and 26 of the Waste and Emissions Trading Act 2003[^f00002] (“the Act”), and having consulted in accordance with section 27(2) of the Act such bodies or persons appearing to it to be representative of –the interests of district councils in Northern Ireland as it considers appropriate;the interests of persons concerned in the operation of landfills in Northern Ireland as it considers appropriate;any other affected persons as it considers appropriate;hereby makes the following Regulations.

the interests of district councils in Northern Ireland as it considers appropriate;

the interests of persons concerned in the operation of landfills in Northern Ireland as it considers appropriate;

any other affected persons as it considers appropriate;

PART 1 — GENERAL

Citation and commencement and application

1

(1) These Regulations may be cited as the Landfill Allowances Scheme (Northern Ireland) Regulations 2004 and shall come into operation on 1st April 2005.

(2) These Regulations apply to Northern Ireland only.

Interpretation

2

(1) The Interpretation Act (Northern Ireland) 1954[^f00003] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(2) In these Regulations –

“the Act” means the Waste and Emissions Trading Act 2003;

“the Department” means the Department of the Environment

“disposal” has the same meaning as in the Waste Management Licensing Regulations (Northern Ireland) 2003;

“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000[^f00006];

“European Waste Catalogue” has the same meaning as in the Waste Management Licensing Regulations (Northern Ireland) 2003;

“landfill allowance account” means the landfill allowance account contained in the landfill allowances register under regulation 15(2) and (3);

“reconciliation period” means the period of 6 months following the end of a scheme year;

“recovery” has the same meaning as in Directive 2008/98/EC of the European Parliament and of the Council on Waste as last amended by Directive (EU) 2018/851;

“relevant authority” means –the monitoring authority,the Department;

“treatment” has the same meaning as in section 22(4) of the Act;

“vintage” means in respect of landfill allowances allocated for –different scheme years, the chronological order in which those allowances were allocated,for the same scheme year, the order in which those landfill allowances were allocated for that year; and

“waste facility” means a facility for the disposal or recovery of waste other than a landfill.

(3) In these Regulations references to waste being sent by a district council to a landfill or a waste facility are references to waste being sent to such a landfill or facility in pursuance of arrangements made by the district council.

(4) In these Regulations a landfill allowance is available to a district council for a scheme year –

(a) for the purposes of regulation 6 if it has –

(i) been allocated to the district council for that scheme year, and

(ii) not subsequently been transferred or withdrawn;

(b) for all other purposes if it has been –

(i) allocated to the district council for that scheme year, or

(ii) borrowed or transferred to that scheme year,

and not subsequently been borrowed, transferred or withdrawn.

Giving notices and notifications, and the submission of forms and returns

3

(1) Subject to paragraph (2), where under these Regulations a person is required or authorised to –

(a) submit or give a form, notice or return to another person; or

(b) notify another person of any matter;

the form, notice, return or notification must be in writing.

(2) Where –

(a) that other person has an address for the purposes of electronic communications –

(i) any return may be submitted, or

(ii) any notice or notification may be given,

by way of such communications;

(b) regulation 4(3)(a) applies, the form may be submitted to the monitoring authority by way of electronic communications to the address specified in the form;

(d) a relevant authority maintains a website for the purpose of enabling returns to be submitted to the monitoring authority, any return which is enabled to be so submitted may be submitted to the monitoring authority via the website.

(3) Any notification given in writing by the Department under these Regulations may be given by addressing it to the district council and –

(a) leaving it at, or

(b) sending it by post to,

the district council’s principal office.

Electronic registers and forms

4

(1) Any register maintained under these Regulations may be in an electronic form.

(2) Where any register is in an electronic form a relevant authority may make the register available for inspection by the public on a website maintained by the authority for that purpose.

(3) Any form provided by the monitoring authority under these Regulations may be provided –

(a) in an electronic form, or

(b) for completion and submission to the monitoring authority on a website maintained by a relevant authority for that purpose.

PART 2 — ALLOCATION AND THE BORROWING AND TRANSFER OF LANDFILL ALLOWANCES

Allocation of allowances

5

(1) As soon as reasonably practicable after the Department has complied with section 4(4) of the Act, the monitoring authority must assign all landfill allowances allocated to a district council under that section –

(a) to the district council’s landfill allowance account;

(b) a unique reference number (which may include any letter) from which the following information may be ascertained –

(i) the district council to which the allowance is allocated,

(ii) the year for which the allowance is allocated, and

(iii) the vintage of the allowance for that year.

Borrowing of landfill allowances

6

(1) A district council may borrow for use in a scheme year up to 5% of the landfill allowances available to it for the following scheme year (rounded down to the nearest whole allowance).

(2) Paragraph (1) does not apply –

(a) in a target year,

(b) where the following year is a target year.

(3) Where a district council intends to borrow a landfill allowance it must submit a borrowing request to the monitoring authority before the end of the reconciliation period for the scheme year.

(4) A borrowing request must –

(a) be made on the form provided by the monitoring authority; and

(b) specify –

(i) the name of the district council, and

(ii) the number of landfill allowances which it intends to borrow.

(5) The monitoring authority is not required to consider a borrowing request unless it is made in accordance with paragraph (4).

(6) If the conditions in paragraph (8) are satisfied the monitoring authority must –

(a) remove the number of landfill allowances specified in the borrowing request from the part of the district council’s landfill allowance account relating to the following scheme year;

(b) include those allowances in the part of the account relating to the scheme year; and

(i) that its request has been accepted, and

(ii) of the amendments that have been made to its landfill allowance account.

(7) If the conditions in paragraph (8) are not satisfied the monitoring authority must notify the district council –

(a) that its request has not been accepted, and

(b) of the reasons why.

(8) The conditions referred to in paragraphs (6) and (7) are that –

(a) the borrowing request complies with paragraph (2),

(b) the number of landfill allowances specified in the request are available to the district council for the following scheme year,

(c) accepting the borrowing request would not cause the district council to exceed the limit on borrowing under paragraph (1), and

(d) the district council is not suspended from borrowing landfill allowances under regulation 8.

Transfer of landfill allowances

7

(1) Subject to paragraph (2), a district council may transfer to any other district council landfill allowances which –

(a) are available to the district council for a scheme year, and

(b) have not been utilised.

(2) A district council must not transfer an allowance from any scheme year for which the allowance is available to another district council unless the transfer is to that scheme year.

(3) Where a district council (“the transferor”) agrees to transfer a landfill allowance to another district council (“the transferee”) the transferor must submit a transfer request to the monitoring authority before the end of the reconciliation period for the scheme year in which the agreement is made.

(4) A transfer request must –

(a) be made on the form provided by the monitoring authority; and

(b) specify –

(i) the names of the transferor and transferee,

(ii) the number of landfill allowances to be transferred,

(iii) for each landfill allowance the scheme year for which the allowance is available to the transferor, and

(iv) the date the transfer was agreed.

(5) The monitoring authority is not required to consider a transfer request unless it is made in accordance with paragraph (4).

(6) If the conditions in paragraph (8) are satisfied, the monitoring authority must –

(a) delete the landfill allowances from the transferor’s landfill allowance account;

(b) allocate each landfill allowance to the transferee’s landfill allowance account for the scheme year for which, immediately before the transfer, it was available to the transferor; and

(i) that the request has been accepted, and

(ii) of the amendments that have been made to their landfill allowance accounts.

(7) If the conditions in paragraph (8) are not satisfied the monitoring authority must notify the transferor and transferee –

(a) that the request has not been accepted, and

(b) of the reasons why.

(8) The conditions referred to in paragraphs (6) and (7) are that –

(a) the agreement complies with paragraphs (1) and (2),

(b) all landfill allowances are available to the transferor for the scheme years specified pursuant to paragraph (4)(b)(iii), and

Suspension of borrowing and transferring of landfill allowances

8

(1) The Department may suspend any or all district councils from borrowing and transferring landfill allowances if it considers –

(a) in a scheme year between target years that there is a risk that the total amount of biodegradable municipal waste sent to landfills by district councils in Northern Ireland will exceed the maximum amount for Northern Ireland which is specified under (or pursuant to section 3(1) of the Act is treated as having been specified under) section 2(1)(d) of the Act, or

(b) it necessary to exercise its power under section 5 of the Act (alteration of allocations under section 4).

(2) The Department may suspend a district council from borrowing and transferring landfill allowances if it has reason to believe that –

(a) the district council has failed to comply with –

(i) its duty under section 9 of the Act (duty not to exceed allowances), or

(ii) any requirement under these Regulations; or

(b) an unauthorised person may attempt, or has attempted to, submit a borrowing or transfer request to the monitoring authority on behalf of the district council.

(3) If the Department suspends a district council from borrowing and transferring landfill allowances under paragraph (1) or (2), at the same time it must notify the monitoring authority and the district council of –

(a) that fact, and

(b) the reasons for the suspension.

(4) The Department may cancel a suspension if in any case falling within –

(a) paragraph (1)(a), the Department is satisfied that there is no significant continuing risk that the total amount of biodegradable municipal waste sent to landfills by district councils in Northern Ireland will exceed the maximum amount mentioned in that paragraph;

(b) paragraph (1)(b) –

(i) the allocation of landfill allowances has been altered, or

(ii) the Department no longer considers that an alteration is necessary;

(d) paragraph (2)(b), the Department is satisfied that there is no further risk of the unauthorised submission of a borrowing or transfer request.

(5) If the Department cancels a suspension under paragraph (4), at the same time it must notify the monitoring authority and any district council which, as a consequence, is no longer suspended from borrowing and transferring landfill allowances of –

(a) that fact, and

(b) the reasons for cancelling the suspension.

(6) The effect of suspending a district council from borrowing and transferring landfill allowances is that no landfill allowances may be –

(a) transferred to or from the district council’s landfill allowance account under regulation 7,

(b) borrowed within that account under regulation 6.

(7) In paragraph (2)(b) “unauthorised person” means a person who is not authorised by a district council to submit borrowing or transfer requests on the district council’s behalf.

PART 3 — MONITORING

Monitoring authority and keeping the provisions in regulation 12(2) under review

9

(1) The person for the time being holding the position of Head of Waste Management and Contaminated Land of the Environment and Heritage Service of the Department shall be the monitoring authority for Northern Ireland.

(2) The monitoring authority must keep under review the provisions in regulation 12(2).

(3) If the monitoring authority considers that any of the provisions in regulation 12(2) ought to be changed he must as soon as reasonably practicable notify the Department of –

(a) his opinion; and

(b) the reasons for his opinion.

Obligation for district councils to keep records and make returns

10

(1) A district council must keep records containing the following information for each scheme year –

(a) the weight in tonnes of local authority collected municipal waste;

(b) the weight in tonnes of local authority collected municipal waste sent to landfills by the district council; and

(c) the weight in tonnes of local authority collected municipal waste sent to waste facilities whether by, or on behalf of, the district council.

(2) In relation to local authority collected municipal waste mentioned in paragraph (1)(b) and (c) the records must contain details of –

(a) the total weight in tonnes of waste sent to each landfill or waste facility, and

(b) the standard description of, and the appropriate code in the European Waste Catalogue for, the waste referred to in sub-paragraph (a).

(3) All weights mentioned in paragraphs (1) and (2) must be rounded up to the nearest tonne.

(4) The records under paragraph (1) must be kept for a period of two years beginning on the day after the day on which the reconciliation period for the scheme year ends.

(5) A district council must submit to the monitoring authority, in the form specified by that authority, a return containing the information in paragraph (1) for each 3 month period in a scheme year ending on 31st March, 30th June, 30th September and 31st December within 2 months of the end of that period.

(6) The monitoring authority, or a person authorised by the monitoring authority, may by notice require a district council to –

(a) produce for inspection or for removal for inspection elsewhere, records it is required to keep under paragraph (1);

(b) supply the monitoring authority with information about, or evidence as to, matters connected with the sending of biodegradable local authority collected municipal waste to landfills;

and to do so in such form, at such reasonable place and within such reasonable time as is specified in the notice.

(7) The monitoring authority, or a person authorised in writing by the monitoring authority, may make copies of –

(a) records produced under paragraph (6)(a),

(b) information or evidence supplied under paragraph (6)(b).

Obligation for operators of landfills to keep records and make returns

11

(1) Subject to paragraph (2), an operator of a landfill must keep records containing the following information for each scheme year –

(a) the weight in tonnes (rounded up to the nearest tonne) of each load of municipal waste accepted at the landfill;

(b) the standard description of, and the appropriate code in the European Waste Catalogue for, the waste;

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