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(7) Where subsection (1) is satisfied by policies set out in a statement under section | |
44A of the Environmental Protection Act 1990 (c. 43) (national waste strategy), | |
if the statement was prepared before the coming into force of that subsection it | |
does not matter that the policies were not formulated for the purposes of that | |
subsection. | 5 |
20 Strategy for Northern Ireland | |
(1) The Department of the Environment must have a strategy for reducing— | |
(a) the amount of biodegradable waste from Northern Ireland that goes to | |
landfills, and | |
(b) the amount of biodegradable waste from outside Northern Ireland that | 10 |
goes to landfills in Northern Ireland. | |
(2) The strategy required by subsection (1) must (in particular) include measures | |
to achieve the targets specified for Northern Ireland under sections 1 and 2. | |
(3) The measures mentioned in subsection (2) include (in particular) measures to | |
achieve the targets by means of recycling, composting, biogas production, | 15 |
materials recovery or energy recovery. | |
(4) Before formulating policy for the purposes of subsection (1), the Department | |
must— | |
(a) consult the Secretary of State, the Scottish Ministers and the National | |
Assembly for Wales, | 20 |
(b) consult such bodies or persons appearing to it to be representative of | |
the interests of local government as it considers appropriate, | |
(c) consult such bodies or persons appearing to it to be representative of | |
the interests of industry as it considers appropriate, and | |
(d) carry out such public consultation as it considers appropriate. | 25 |
(5) The Department must set out in a statement any policy formulated for the | |
purposes of subsection (1). | |
(6) The Department must, as soon as a statement is prepared for the purposes of | |
subsection (5), send a copy of it to— | |
(a) the Secretary of State, | 30 |
(b) the Scottish Ministers, and | |
(c) the National Assembly for Wales. | |
(7) Where subsection (1) is satisfied by policies set out in a statement prepared | |
before the coming into force of that subsection, it does not matter that the | |
policies were not formulated for the purposes of that subsection. | 35 |
(8) Subsection (4) may be satisfied by consultation before, as well as by | |
consultation after, the coming into force of this section. | |
Interpretation of Chapter 1 | |
21 “Biodegradable waste” and “municipal waste” | |
(1) In this Chapter “biodegradable waste” means any waste that is capable of | 40 |
undergoing anaerobic or aerobic decomposition, such as— | |
food and garden waste, and | |
paper and paperboard. | |
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(2) In this Chapter “biodegradable municipal waste” means waste that is both | |
biodegradable waste and municipal waste. | |
(3) In subsection (2) “municipal waste” means— | |
(a) waste from households, and | |
(b) other waste that, because of its nature or composition, is similar to | 5 |
waste from households. | |
22 “Landfill” | |
(1) In this Chapter “landfill” means a site for the deposit of waste onto or into land | |
where the site is— | |
(a) a waste disposal site, or | 10 |
(b) used for the storage of waste. | |
(2) In determining whether a site is a landfill for the purposes of this Chapter, the | |
following activities at the site are to be ignored— | |
(a) the temporary storage of waste if the site is used for such storage for | |
less than one year; | 15 |
(b) the unloading of waste in order to permit the waste to be prepared for | |
further transport for recovery, treatment or disposal elsewhere; | |
(c) the storage of waste, prior to recovery or treatment, for a period of less | |
than three years as a general rule; | |
(d) the storage of waste, prior to disposal, for a period of less than one year. | 20 |
(3) The fact that a site for the deposit of waste is at the place of production of the | |
waste does not prevent the site from being a landfill for the purposes of this | |
Chapter. | |
(4) In this Chapter “composting” includes a requirement to maintain selected | |
biodegradable waste at 98 degrees celsius for a minimum of two hours before | 25 |
storing. | |
(5) In subsection (2) “treatment” means the physical, thermal, chemical or | |
biological processes, including sorting, that change the characteristics of waste | |
in order to— | |
(a) reduce its volume, | 30 |
(b) reduce its hazardous nature, | |
(c) facilitate its handling, or | |
(d) enhance its recoverability. | |
23 “Scheme year” and “target year” | |
(1) In this Chapter— | 35 |
“scheme year” means a year beginning with 17th July in any of 2004 to | |
2019; | |
“target year” means a scheme year ending with 16th July in 2010, 2013 or | |
2020. | |
(2) The Secretary of State may by regulations amend subsection (1) for the purpose | 40 |
of— | |
(a) providing for a different day to be the first day of a scheme year; | |
(b) adding one or more scheme years; | |
(c) changing the target years or any of them; | |
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(d) adding or omitting one or more target years. | |
(3) Before making regulations under subsection (2), the Secretary of State shall | |
consult the Scottish Ministers, the National Assembly for Wales and the | |
Department of the Environment. | |
24 Other definitions | 5 |
(1) For the purposes of this Chapter, the “allocating authority”— | |
(a) for England is the Secretary of State, | |
(b) for Scotland is the Scottish Ministers, | |
(c) for Wales is the National Assembly for Wales, and | |
(d) for Northern Ireland is the Department of the Environment. | 10 |
(2) In this Chapter, any reference to an allocating authority’s “area” is to the area | |
for which it is the allocating authority for the purposes of this Chapter. | |
(3) In this Chapter “landfill allowances” means allowances allocated under section | |
4(1). | |
(4) References in this Chapter to the monitoring authority for an area are to the | 15 |
monitoring authority designated for the area by regulations under section | |
10(1). | |
(5) In this Chapter “waste disposal authority”— | |
(a) in relation to England, Wales and Scotland has the same meaning as in | |
Part 2 of the Environmental Protection Act 1990 (c. 43); | 20 |
(b) in relation to Northern Ireland means a district council. | |
Supplementary | |
25 Activities to which Chapter 1 does not apply | |
(1) References in this Chapter to sending biodegradable waste, or biodegradable | |
municipal waste, to landfills do not include— | 25 |
(a) the spreading of sludges (including sewage sludges and sludges | |
resulting from dredging operations), or similar matter, on the soil for | |
the purposes of fertilisation or improvement, | |
(b) the deposit of non-hazardous dredging sludges alongside small | |
waterways from out of which they have been dredged, | 30 |
(c) the deposit of non-hazardous sludges in surface water or in the bed or | |
subsoil of surface water, or | |
(d) the deposit of unpolluted soil resulting from— | |
(i) prospecting for, or the extraction, treatment or storage of, | |
mineral resources, or | 35 |
(ii) the operation of quarries. | |
(2) For the purposes of this section, sludge is “non-hazardous” if it is not | |
hazardous waste for the purpose of Council Directive 91/689/EEC. | |
26 Penalties under Chapter 1: general | |
(1) Where a waste disposal authority in an allocating authority’s area is liable to a | 40 |
penalty under this Chapter— | |
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(a) the amount of the penalty is that specified by, or calculated under, | |
regulations made by the allocating authority under subsection (3); | |
(b) the penalty, and any interest on it, is to be paid to the allocating | |
authority; and | |
(c) the allocating authority may— | 5 |
(i) extend the time for paying the whole or part of the penalty or | |
any interest on it; | |
(ii) relieve the waste disposal authority, in whole or in part, from | |
liability to the penalty or any interest on it. | |
(2) Relief under subsection (1)(c) may be given— | 10 |
(a) in respect of an amount after (as well as before) it becomes due; | |
(b) in a particular case or in cases of a particular description; | |
(c) unconditionally or subject to conditions. | |
(3) An allocating authority may, as regards penalties under this Chapter to which | |
waste disposal authorities in its area are liable, by regulations— | 15 |
(a) make provision specifying the amounts of penalties or rules for | |
calculating their amounts; | |
(b) make provision as to when payments in respect of penalties are due; | |
(c) make provision for interest where payments in respect of penalties are | |
due but unmade; | 20 |
(d) make provision for recovering or setting off, and securing, unpaid | |
amounts in respect of penalties or interest. | |
(4) Provision under subsection (3) relating to supplementary penalties under | |
section 9(3) or (4) in respect of waste sent to landfills in a scheme year may be | |
made after the end of that year. | 25 |
27 Regulations under Chapter 1: consultation | |
(1) This section applies to regulations under this Chapter, other than regulations | |
under section 1, 2, 3 or 23. | |
(2) Before making regulations to which this section applies, an allocating authority | |
shall (subject to subsection (4))— | 30 |
(a) consult such bodies or persons appearing to it to be representative of | |
the interests of waste disposal authorities in its area as it considers | |
appropriate, | |
(b) consult such bodies or persons appearing to it to be representative of | |
the interests of persons concerned in the operation of landfills in its area | 35 |
as it considers appropriate, and | |
(c) consult such bodies or persons appearing to it to be representative of | |
any other affected persons as it considers appropriate. | |
(3) In subsection (2)(c) “affected person” means a person appearing to the | |
allocating authority to be a person who will or may be affected by the | 40 |
regulations. | |
(4) The allocating authority need not consult as mentioned in paragraph (a) or (b) | |
of subsection (2) if it appears to the authority that the interests mentioned in | |
that paragraph will not be affected by the regulations. | |
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