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A | |
Bill | |
To | |
Make provision about waste and about penalties for non-compliance with | |
schemes for the trading of emissions quotas. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
Part 1 | |
Waste | |
Chapter 1 | |
Waste sent to landfills | |
Landfill targets | 5 |
1 Target years | |
(1) The Secretary of State must 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, | 10 |
(b) England, | |
(c) Scotland, | |
(d) Wales, and | |
(e) Northern Ireland. | |
(2) Amounts specified under subsection (1)(a) must be consistent with the | 15 |
obligations of the United Kingdom under Article 5(2) of Council Directive | |
1999/31/EC. | |
(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 Secretary of State must consult— | 20 |
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(a) the Scottish Ministers before specifying amounts under subsection | |
(1)(c); | |
(b) the National Assembly for Wales before specifying amounts under | |
subsection (1)(d); | |
(c) the Department of the Environment before specifying amounts under | 5 |
subsection (1)(e). | |
2 Non-target years | |
(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— | 10 |
(a) England; | |
(b) Scotland; | |
(c) Wales; | |
(d) Northern Ireland. | |
(2) The power under subsection (1)(b) is exercisable only with the agreement of | 15 |
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. | 20 |
3 Non-target years: default rules | |
(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 | 25 |
(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—![equation: plus[char[L],minus[over[times[id[plus[char[L],minus[char[N]]]],id[plus[char[B],num[
1.00000000,"1"]]]],id[plus[char[G],num[1.00000000,"1"]]]]]]](missing.gif) | 30 |
(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; | 35 |
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 | 40 |
the first target year after the default-rule year, | |
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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 |
(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 | 10 |
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. | 15 |
(6) For the purposes of subsections (4) and (5), 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 | 20 |
(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. | 25 |
Landfill allowances scheme | |
4 Allocation of landfill allowances | |
(1) 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 | 30 |
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 municipal | |
waste to landfills. | |
(2) In performing the duty under subsection (1), an allocating authority must | 35 |
ensure that the total amount of biodegradable municipal waste authorised to | |
be sent to landfills by the allowances it allocates for a year does not exceed the | |
amount for the year specified under section 1 or 2 for its area. | |
(3) An allocation under subsection (1) must be made before the beginning of the | |
year to which it relates. | 40 |
(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. | 45 |
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(5) Nothing in this section shall be taken as requiring any allowances to be | |
allocated to any particular waste disposal authority. | |
5 Alteration of allocations under section 4 | |
(1) An authority that has made an allocation under section 4 may at any time alter | |
the allocation, subject to subsections (2) and (3). | 5 |
(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 biodegradable municipal waste authorised to be sent to | |
landfills by allowances allocated by it for a year does not exceed the amount for | 10 |
the year specified under section 1 or 2 for its area. | |
(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. | 15 |
6 Borrowing and banking of landfill allowances | |
(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— | 20 |
(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. | 25 |
(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— | 30 |
(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- | 35 |
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 | 40 |
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; | |
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(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; | 5 |
(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 | 10 |
with, regulations under subsection (1). | |
7 Trading and other transfer of landfill allowances | |
(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. | 15 |
(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 | 20 |
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— | 25 |
(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; | 30 |
(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 | 35 |
(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 | 40 |
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 | 45 |
on waste disposal authorities to provide information in relation to their | |
acquisition and disposal of allowances; | |
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(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; | 5 |
(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 | 10 |
with, regulations under subsection (1). | |
8 Offences under regulations under sections 6 and 7 | |
(1) This section applies where— | |
(a) regulations under section 6(1) are making provision of the kind | |
mentioned in section 6(3)(j), or | 15 |
(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. | 20 |
(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— | 25 |
(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 | 30 |
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— | 35 |
(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 | 40 |
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. | 45 |
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