Waste and Emissions Trading Act 2003

Part 1 — Waste

Chapter 1 — Waste sent to landfills

Landfill targets

Target years

1

• (1) The Secretary of State may by regulations specify the maximum amount by weight of biodegradable municipal waste allowed, in each scheme year that is a target year, to be sent to landfills from each of—

• (a) the United Kingdom,

• (b) England,

• (c) Scotland,

• (d) Wales, and

• (e) Northern Ireland.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The total of the amounts specified under subsection (1)(b) to (e) for a year must not exceed the amount specified under subsection (1)(a) for that year.

• (4) The power under subsection (1)(a) is exercisable only with the agreement of the Scottish Ministers, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

• (4A) The power under subsection (1)(c) is exercisable only with the agreement of the Scottish Ministers.

• (4B) The power under subsection (1)(d) is exercisable only with the agreement of the Welsh Ministers.

• (4C) The power under subsection (1)(e) is exercisable only with the agreement of the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-target years

2

• (1) The Secretary of State may by regulations specify the maximum amount by weight of biodegradable municipal waste allowed, in a scheme year that is not a target year, to be sent to landfills from—

• (a) England;

• (b) Scotland;

• (c) Wales;

• (d) Northern Ireland.

• (2) The power under subsection (1)(b) is exercisable only with the agreement of the Scottish Ministers.

• (3) The power under subsection (1)(c) is exercisable only with the agreement of the National Assembly for Wales.

• (4) The power under subsection (1)(d) is exercisable only with the agreement of the Department of the Environment.

Non-target years: default rules

3

• (1) If—

• (a) for England, Scotland, Wales or Northern Ireland no amount is specified under subsection (1) of section 2 for a year to which that subsection applies, and

• (b) the year is followed (whether or not immediately) by a target year,

the following sections of this Chapter shall have effect as if for that year (“the default-rule year”) there had been specified under section 2(1) for that area the amount given by the formula set out in subsection (2).

• (2) The formula is—

$L-(L-N)(B+1)(G+1)$

• (3) The formula shall be applied in accordance with subsection (4) if there is no scheme year falling between—

• (a) the last target year before the default-rule year, and

• (b) the default-rule year,

for which an amount has been specified under section 2(1) for the area; otherwise the formula shall be applied in accordance with subsection (5).

• (4) Where the formula is to be applied in accordance with this subsection—

• L is the amount specified under section 1 for the area for the year that is the last target year before the default-rule year,

• N is the amount specified under section 1 for the area for the year that is the first target year after the default-rule year,

• G is the number (if any) of scheme years falling between those target years,and

• B is the number (if any) of scheme years falling between—(a) the earlier of those target years,and(b) the default-rule year.

• (5) Where the formula is to be applied in accordance with this subsection—

• L is the amount specified under section 2(1) for the area for the year that is the last scheme year before the default-rule year for which an amount has been specified for the area under section 2(1) (“the last fixed year”),

• N is the amount specified under section 1 for the area for the year that is the first target year after the default-rule year,

• G is the number (if any) of scheme years falling between the last fixed year and that target year, and

• B is the number (if any) of scheme years falling between the last fixed year and the default-rule year.

• (6) For the purposes of subsections (3) and (4), the year ending with 16th July in 2004 shall be taken to be a target year for which the amount specified under section 1 for England, Scotland, Wales or Northern Ireland is such amount as may be specified in regulations made by the Secretary of State.

• (7) The Secretary of State shall secure that an amount specified under subsection (6) is, or is a fair estimate of, the amount of biodegradable municipal waste sent to landfills from the area concerned in the year ending with 31st March 2001.

• (8) Before making regulations under subsection (6), the Secretary of State shall consult the Scottish Ministers, the National Assembly for Wales and the Department of the Environment.

• (9) Subsection (8) may be satisfied by consultation before, as well as by consultation after, the coming into force of this section.

Landfill allowances scheme (Scotland, Wales and Northern Ireland)

Allocation of landfill allowances

4

• (1) For Scotland, Wales and Northern Ireland each allocating authority must—

• (a) for each scheme year that is a target year, and

• (b) for each other scheme year for which an amount is specified under section 2 for its area,

make among waste disposal authorities in its area an allocation of allowances authorising the sending in that year of amounts of biodegradable local authority collected municipal waste to landfills.

• (2) In performing the duty under subsection (1), an allocating authority must ensure that the total amount of waste authorised to be sent to landfills by the allowances it allocates for a year does not cause the amount of biodegradable municipal waste sent to landfills for that year to exceed the amount specified for its area under section 1 or 2.

• (3) An allocation under subsection (1) must be made before the beginning of the year to which it relates.

• (4) As soon as an authority has made an allocation under subsection (1), it must publish a statement—

• (a) detailing, in relation to each waste disposal authority in its area, what allowances have been allocated to it, and

• (b) explaining the basis of the allocation including in particular how the authority has complied with the duty in subsection (2).

• (5) Nothing in this section shall be taken as requiring any allowances to be allocated to any particular waste disposal authority.

Alteration of allocations under section 4

5

• (1) An authority that has made an allocation under section 4 may at any time alter the allocation, subject to subsections (2) and (3).

• (2) The power under subsection (1) does not extend to withdrawing an allowance that has already been utilised.

• (3) In exercising the power under subsection (1), an authority must ensure that the total amount of waste authorised to be sent to landfills by allowances allocated by it for a year does not cause the amount of biodegradable municipal waste sent to landfills for that year to exceed the amount specified for its area under section 1 or 2.

• (4) As soon as an authority has exercised the power under subsection (1), it must publish a statement—

• (a) detailing the alteration, and

• (b) explaining the basis of it including in particular how the authority has complied with the duty in subsection (3).

Borrowing and banking of landfill allowances

6

• (1) An allocating authority may by regulations make provision for a waste disposal authority in its area to utilise for a scheme year landfill allowances allocated to it for a different scheme year.

• (2) Regulations under subsection (1) may not provide for—

• (a) the utilisation for a target year of allowances not allocated for that year;

• (b) the utilisation for a scheme year later than a target year of allowances allocated for a scheme year earlier than that target year;

• (c) the utilisation for a scheme year earlier than a target year of allowances allocated for a scheme year later than that target year.

• (3) Regulations under subsection (1) may (in particular)—

• (a) make provision relating only to allowances allocated for specified scheme years;

• (b) make provision for allowances allocated for a scheme year to be utilised for a different scheme year only if—

• (i) that different scheme year is a specified scheme year;

• (ii) specified conditions are satisfied;

• (c) make provision for quantitative limits on inter-year utilisation of allowances;

• (d) make provision authorising the allocating authority to suspend inter-year utilisation of allowances—

• (i) whether indefinitely or for a fixed period, and

• (ii) whether generally or to a limited extent;

• (e) make provision for a person to carry out, in relation to inter-year utilisation of allowances, all or any of the functions of registrar and overseer;

• (f) make provision imposing, or enabling the imposition of, requirements on waste disposal authorities to provide information in relation to their inter-year utilisation of allowances;

• (g) make provision for an authority to be liable to a penalty if it fails to comply with a requirement imposed on it by or under provision of the kind mentioned in paragraph (f);

• (h) make provision generally in connection with the administration or regulation of inter-year utilisation of allowances;

• (i) make provision for the levying of fees and charges on persons engaged in inter-year utilisation of allowances;

• (j) make provision creating offences for breaches of provisions of regulations under subsection (1).

• (4) In subsection (3) “specified” means specified by, or determined in accordance with, regulations under subsection (1).

Trading and other transfer of landfill allowances

7

• (1) An allocating authority may by regulations make provision for waste disposal authorities in its area to transfer, whether by way of trade or otherwise, landfill allowances allocated by that or any other allocating authority.

• (2) Regulations under subsection (1) may not authorise—

• (a) the acquisition of landfill allowances by a person who is not a waste disposal authority;

• (b) the utilisation for a target year of allowances not allocated for that year;

• (c) the utilisation for a scheme year later than a target year of allowances allocated for a scheme year earlier than that target year;

• (d) the utilisation for a scheme year earlier than a target year of allowances allocated for a scheme year later than that target year.

• (3) Regulations under subsection (1) may (in particular)—

• (a) make provision for allowances to be acquired, or disposed of, only if—

• (i) allocated by the allocating authority or by specified allocating authorities;

• (ii) allocated for specified scheme years;

• (iii) specified conditions are satisfied;

• (b) make provision for quantitative limits on the transfer of allowances;

• (c) make provision for controlling prices or values put on allowances for the purpose of transferring them;

• (d) make provision authorising the allocating authority to suspend the transfer of allowances—

• (i) whether indefinitely or for a fixed period, and

• (ii) whether generally or to a limited extent;

• (e) make provision for allowances acquired by a waste disposal authority to be utilised by the authority for a scheme year only if allocated for that scheme year or for specified scheme years;

• (f) make provision for licensing and regulating persons engaged as brokers in the transfer of allowances;

• (g) make provision for a person to carry out, in relation to the transfer of allowances, all or any of the functions of registrar, clearing house and overseer;

• (h) make provision imposing, or enabling the imposition of, requirements on waste disposal authorities to provide information in relation to their acquisition and disposal of allowances;

• (i) make provision for an authority to be liable to a penalty if it fails to comply with a requirement imposed on it by or under provision of the kind mentioned in paragraph (h);

• (j) make provision generally in connection with the administration or regulation of the trading of allowances;

• (k) make provision for the levying of fees and charges on persons engaged (in any capacity) in the trading of allowances;

• (l) make provision creating offences for breaches of provisions of regulations under subsection (1) or of conditions of a broker’s licence.

• (4) In subsection (3) “specified” means specified by, or determined in accordance with, regulations under subsection (1).

Offences under regulations under sections 6 and 7

8

• (1) This section applies where—

• (a) regulations under section 6(1) are making provision of the kind mentioned in section 6(3)(j), or

• (b) regulations under section 7(1) are making provision of the kind mentioned in section 7(3)(l).

• (2) The regulations may provide for an offence to be triable—

• (a) only summarily, or

• (b) either summarily or on indictment.

• (3) Where the regulations provide for an offence to be triable only summarily, they may provide for the offence to be punishable—

• (a) by imprisonment for a term not exceeding such period as is stated in the regulations (which may not exceed three months), or

• (b) by a fine—

• (i) not exceeding such amount as is so stated (which may not exceed level 5 on the standard scale), or

• (ii) not exceeding such level on the standard scale as is so stated, or

• (c) by both.

• (4) Subsections (5) and (6) apply where the regulations provide for an offence to be triable either summarily or on indictment.

• (5) They may provide for the offence to be punishable on summary conviction—

• (a) by imprisonment for a term not exceeding such period as is stated in the regulations (which may not exceed three months), or

• (b) by a fine—

• (i) not exceeding such amount as is so stated (which may not exceed the statutory maximum), or

• (ii) expressed as a fine not exceeding the statutory maximum, or

• (c) by both.

• (6) They may provide for the offence to be punishable on conviction on indictment—

• (a) by imprisonment for a term not exceeding such period as is stated in the regulations (which may not exceed two years), or

• (b) by a fine, or

• (c) by both.

Duty not to exceed allowances

9

• (1) If the allocating authority for an area has made an allocation under section 4 for a scheme year, each waste disposal authority in the area owes a duty to the allocating authority to secure that the amount of biodegradable local authority collected municipal waste sent to landfills in that year in pursuance of arrangements made by the waste disposal authority does not exceed the amount authorised by the landfill allowances available to that authority for the year.

• (2) A waste disposal authority that fails to comply with a duty imposed on it by subsection (1) is liable to a penalty.

• (3) If—

• (a) a waste disposal authority is liable under subsection (2) to a penalty in respect of a target year, and

• (b) the total amount of biodegradable municipal waste sent in the year to landfills in pursuance of arrangements made by waste disposal authorities in the United Kingdom exceeds the amount specified for the year under section 1(1)(a),

the authority is also liable to a supplementary penalty.

• (4) If—

• (a) a waste disposal authority is liable under subsection (2) to a penalty in respect of a scheme year that is not a target year,

• (b) that scheme year (“the penalty year”) is later than the first target year, and

• (c) the total amount of biodegradable municipal waste sent in the penalty year to landfills in pursuance of arrangements made by waste disposal authorities in the United Kingdom exceeds the amount specified under section 1(1)(a) for the last target year before the penalty year,

the authority is also liable to a supplementary penalty.

• (5) For the purposes of this section, the landfill allowances available to a waste disposal authority for a scheme year are the landfill allowances held by the authority at the end of the year that have not been utilised for an earlier scheme year and that, in the case of—

• (a) allowances allocated to the authority for an earlier or later scheme year, or

• (b) allowances originally allocated to another waste disposal authority,

are allowed by regulations under section 6 or 7 to be utilised by the authority for the year.

Scheme operation and monitoring etc

Monitoring authorities

10

• (1) Each allocating authority must by regulations appoint a person to be the monitoring authority for its area.

• (2) The monitoring authority for an area shall—

• (a) monitor the operation in the area of the provisions of this Chapter relating to landfill allowances and, in particular, monitor how much biodegradable local authority collected municipal waste is sent to landfills in pursuance of arrangements made by waste disposal authorities in the area;

• (b) audit the performance of waste disposal authorities in the area in complying with their obligations under this Chapter;

• (c) comply with any directions by the allocating authority for the area as to the supply to the allocating authority of information acquired by the monitoring authority in carrying out any of its functions under this Chapter;

• (d) without delay notify the allocating authority for the area of any case where it appears to the monitoring authority that a waste disposal authority in the area is or may be liable to a penalty under this Chapter;