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Waste and Emissions Trading Bill [HL]


Waste and Emissions Trading Bill [HL]
Part 1 — Waste
Chapter 1 — Waste sent to landfills

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 9     Duty not to exceed allowances

     (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 municipal

waste sent to landfills in that year in pursuance of arrangements made by the

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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—

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           (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

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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,

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           (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

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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

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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

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for the year.

Scheme operation and monitoring etc

 10    Monitoring authorities

     (1)    Each allocating authority must by regulations appoint a person to be the

monitoring authority for its area.

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     (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 municipal waste is sent to landfills in pursuance of

arrangements made by waste disposal authorities in the area;

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Waste and Emissions Trading Bill [HL]
Part 1 — Waste
Chapter 1 — Waste sent to landfills

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           (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

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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;

           (e)           comply with any directions by the allocating authority for the area as to

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the supply to the allocating authority of information or evidence in

connection with any case where it appears to the allocating authority or

the monitoring authority that a waste disposal authority in the area is

or may be liable to a penalty under this Chapter;

           (f)           co-operate with the monitoring authority for any other area.

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 11    Scheme regulations

     (1)    An allocating authority may by regulations make provision for the purpose of

carrying into effect, in relation to its area, the provisions of this Chapter

relating to landfill allowances.

     (2)    Regulations under subsection (1) may (in particular)—

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           (a)           make provision about the manner of allocation of, or evidence of

entitlement to, landfill allowances;

           (b)           make provision for the maintaining of registers of matters relating to

landfill allowances;

           (c)           make provision about what amounts to the utilisation of landfill

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allowances;

           (d)           make provision for determining the amount of biodegradable

municipal waste in an amount of waste;

           (e)           make provision imposing, or enabling the imposition of, requirements

on waste disposal authorities in the area to produce evidence as to

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amounts of waste, or of waste of any description, sent to landfills in

pursuance of arrangements made by them;

           (f)           make provision requiring waste disposal authorities in the area, in

exercising functions in relation to waste that is or contains

biodegradable municipal waste, to have regard to guidance specified in

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the regulations (including future guidance);

           (g)           make provision imposing or conferring additional functions on the

monitoring authority for the area.

     (3)    Regulations under subsection (1) may provide for a waste disposal authority

that fails to comply with a requirement of the regulations to be liable to a

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penalty.

 12    Powers in relation to waste disposal authorities

     (1)    An allocating authority may, for purposes connected with the sending of

biodegradable municipal waste to landfills, by regulations make provision for

requiring waste disposal authorities in its area to—

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           (a)           maintain prescribed records;

 

 

Waste and Emissions Trading Bill [HL]
Part 1 — Waste
Chapter 1 — Waste sent to landfills

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           (b)           gather prescribed information by carrying out prescribed operations on

prescribed waste;

           (c)           make prescribed returns to the monitoring authority for the area.

     (2)    An allocating authority may by regulations make provision for enabling the

monitoring authority for its area, or persons authorised by the monitoring

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authority—

           (a)           to require waste disposal authorities in the area to produce, for

inspection or for removal for inspection elsewhere, records they are

required to maintain by provision made under subsection (1);

           (b)           to require waste disposal authorities in the area to supply the

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monitoring authority with information about, and evidence as to,

matters connected with the sending of biodegradable municipal waste

to landfills;

           (c)           to specify the form in which, the place at which and the time at or by

which records are to be produced or information or evidence is to be

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supplied;

           (d)           to copy records that are produced.

     (3)    A waste disposal authority that fails to comply with a requirement imposed on

it under this section is liable to a penalty.

     (4)    In subsection (1) “prescribed” means prescribed by or under regulations under

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that subsection.

 13    Powers in relation to landfill operators

     (1)    An allocating authority may, for purposes connected with the sending of

biodegradable municipal waste to landfills, by regulations make provision for

requiring a person concerned in the operation of a landfill to—

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           (a)           maintain prescribed records;

           (b)           gather prescribed information by carrying out prescribed operations on

prescribed waste;

           (c)           make prescribed returns, or provide prescribed information or

prescribed evidence, to prescribed persons.

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     (2)    A person commits an offence if he fails to comply with a requirement imposed

on him under subsection (1).

     (3)    An allocating authority may by regulations make provision enabling the

monitoring authority for its area, or persons authorised by the monitoring

authority—

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           (a)           to require persons concerned in the operation of a landfill to produce

records related to the operation of the landfill for inspection or for

removal for inspection elsewhere;

           (b)           to specify the form in which, the place at which and the time at or by

which records are to be produced;

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           (c)           to copy records that are produced;

           (d)           to enter premises (with or without a constable, with any necessary

equipment or material and, if need be, by force) for the purposes of—

                  (i)                 finding records relating to the operation of a landfill,

                  (ii)                inspecting them or removing them for inspection elsewhere,

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and

                  (iii)               copying them;

 

 

Waste and Emissions Trading Bill [HL]
Part 1 — Waste
Chapter 1 — Waste sent to landfills

    10

 

           (e)           to require persons to afford, to a person exercising any power conferred

under paragraphs (a) to (d), such facilities and assistance within their

control or in relation to which they have responsibilities as are

necessary to enable the person to exercise the power.

     (4)    A person commits an offence if—

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           (a)           he intentionally obstructs a person exercising a power conferred under

subsection (3), or

           (b)           he fails to comply with a requirement imposed on him under that

subsection.

     (5)    A person guilty of an offence under subsection (2) or (4)(a) is liable—

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           (a)           on summary conviction, to a fine not exceeding the statutory

maximum;

           (b)           on conviction on indictment, to imprisonment for a term not exceeding

2 years or to a fine, or to both.

     (6)    A person guilty of an offence under subsection (4)(b) is liable on summary

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conviction to a fine not exceeding level 5 on the standard scale.

     (7)    In subsection (1) “prescribed” means prescribed by or under regulations under

that subsection.

 14    Disclosure of information by monitoring and allocating authorities

     (1)    A monitoring authority may disclose any of its monitoring information to any

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other monitoring authority, or to any allocating authority, for the purpose of

facilitating the carrying out by the recipient of any of its functions under this

Chapter.

     (2)    An allocating authority may disclose any of its monitoring information to any

other allocating authority for the purpose of facilitating the carrying out by the

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recipient of any of its functions under this Chapter.

     (3)    For the purposes of this section, a monitoring authority’s “monitoring

information” is information or evidence—

           (a)           acquired by it in carrying out any of its functions under this Chapter, or

           (b)           disclosed to it after having been acquired by another monitoring

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authority in carrying out any of its functions under this Chapter.

     (4)    For the purposes of this section, an allocating authority’s “monitoring

information” is information or evidence—

           (a)           acquired by it in carrying out any of its functions under this Chapter, or

           (b)           disclosed to it after having been acquired by a monitoring authority, or

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another allocating authority, in carrying out any of its functions under

this Chapter.

     (5)    Subsections (1) and (2) shall be treated as additional to, and as not prejudicing

the generality of, section 113 of the Environment Act 1995 (c. 25) (disclosure of

information).

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 15    Monitoring information: registers

     (1)    An allocating authority may by regulations make provision requiring the

monitoring authority for its area to maintain a register containing such of its

monitoring information as is of a description specified by the regulations.

 

 

Waste and Emissions Trading Bill [HL]
Part 1 — Waste
Chapter 1 — Waste sent to landfills

    11

 

     (2)    For the purposes of subsection (1), a monitoring authority’s “monitoring

information” is information or evidence—

           (a)           acquired by it in carrying out any of its functions under this Chapter, or

           (b)           disclosed to it after having been acquired by another monitoring

authority in carrying out any of its functions under this Chapter.

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 16    Registers: public access

An allocating authority may, in relation to a register that a person is required

to maintain by regulations under this Chapter made by the authority, by

regulations—

           (a)           make provision for public inspection of such of the information

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contained in the register as is of a description specified by the

regulations;

           (b)           make provision for members of the public to obtain copies of

information in the register that is open to public inspection under

paragraph (a), including provision for the payment of reasonable

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charges.

Strategies for reducing landfilling of biodegradable waste

 17    Strategy for England

     (1)    The Secretary of State must have a strategy for reducing—

           (a)           the amount of biodegradable waste from England that goes to landfills,

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and

           (b)           the amount of biodegradable waste from outside England that goes to

landfills in England.

     (2)    The strategy required by subsection (1) must (in particular) include measures

to achieve the targets specified for England under sections 1 and 2.

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     (3)    The measures mentioned in subsection (2) include (in particular) measures to

achieve the targets by recycling, composting, biogas production, materials

recovery or energy recovery.

     (4)    Within the context of the strategy required by this section, a duty shall be

placed on a waste disposal authority and a waste collection authority within a

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given area to produce and publish a Joint Municipal Waste Strategy.

     (5)           Within the context of the Joint Municipal Waste Strategy, a waste disposal

authority may exercise a power of direction to a waste collection authority to

specify the type of segregated waste to be delivered in support of meeting

agreed targets for the recovery and recycling of dry recyclable material and

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biodegradable waste.

     (6)    Before formulating policy for the purposes of subsection (1), the Secretary of

State must—

           (a)           consult the Scottish Ministers, the National Assembly for Wales, the

Department of the Environment, the Environment Agency and the

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Mayor of London,

           (b)           consult such bodies or persons appearing to him to be representative of

the interests of local government as he considers appropriate,

 

 

Waste and Emissions Trading Bill [HL]
Part 1 — Waste
Chapter 1 — Waste sent to landfills

    12

 

           (c)           consult such bodies or persons appearing to him to be representative of

the interests of industry as he considers appropriate, and

           (d)           carry out such public consultation as he considers appropriate.

     (7)    The Secretary of State must set out in a statement any policy formulated for the

purposes of subsection (1).

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     (8)    The Secretary of State must, as soon as a statement is prepared for the purposes

of subsection (7), send a copy of it to—

           (a)           the Scottish Ministers,

           (b)           the National Assembly for Wales, and

           (c)           the Department of the Environment.

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     (9)    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.

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     (10)   In section 353(4) of the Greater London Authority Act 1999 (c. 29) (Mayor’s

duty to have regard to national waste strategy, and guidance relating to it,

when preparing his municipal waste management strategy)—

           (a)           before the word “and” at the end of paragraph (a) there is inserted—

                        “(aa)                           the strategy required by section 17 of the Waste and

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Emissions Trading Act 2003 (landfill strategy for

England),” and

           (b)           in paragraph (b), for “that strategy” there is substituted “those

strategies (or either of them)”.

     (11)   In section 354(2)(b) of that Act (directions about content of Mayor’s municipal

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waste management strategy given for purposes of implementing policies in

national waste strategy), after “(national waste strategy)” insert “or of the

policies contained in the strategy required by section 17 of the Waste and

Emissions Trading Act 2003 (landfill strategy for England)”.

 18    Strategy for Scotland

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     (1)    The Scottish Ministers must have a strategy for reducing—

           (a)           the amount of biodegradable waste from Scotland that goes to landfills,

and

           (b)           the amount of biodegradable waste from outside Scotland that goes to

landfills in Scotland.

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     (2)    The strategy required by subsection (1) must (in particular) include measures

to achieve the targets specified for Scotland 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,

materials recovery or energy recovery.

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     (4)    Before formulating policy for the purposes of subsection (1), the Scottish

Ministers must—

           (a)           consult the Secretary of State, the National Assembly for Wales, the

Department of the Environment and the Scottish Environment

Protection Agency,

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Waste and Emissions Trading Bill [HL]
Part 1 — Waste
Chapter 1 — Waste sent to landfills

    13

 

           (b)           consult such bodies or persons appearing to them to be representative

of the interests of local government as they consider appropriate,

           (c)           consult such bodies or persons appearing to them to be representative

of the interests of industry as they consider appropriate, and

           (d)           carry out such public consultation as they consider appropriate.

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     (5)    The Scottish Ministers must set out in a statement any policy formulated for the

purposes of subsection (1).

     (6)    The Scottish Ministers 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,

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           (b)           the National Assembly for Wales, and

           (c)           the Department of the Environment.

     (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.

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     (8)    Subsection (4) may be satisfied by consultation before, as well as by

consultation after, the coming into force of this section.

 19    Strategy for Wales

     (1)    The National Assembly for Wales must have a strategy for reducing—

           (a)           the amount of biodegradable waste from Wales that goes to landfills,

20

and

           (b)           the amount of biodegradable waste from outside Wales that goes to

landfills in Wales.

     (2)    The strategy required by subsection (1) must (in particular) include measures

to achieve the targets specified for Wales under sections 1 and 2.

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     (3)    The measures mentioned in subsection (2) include (in particular) measures to

achieve the targets by means of recycling, composting, biogas production,

materials recovery or energy recovery.

     (4)    Before formulating policy for the purposes of subsection (1), the Assembly

must—

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           (a)           consult the Secretary of State, the Scottish Ministers, the Department of

the Environment and the Environment Agency,

           (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

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the interests of industry as it considers appropriate, and

           (d)           carry out such public consultation as it considers appropriate.

     (5)    The Assembly must set out in a statement any policy formulated for the

purposes of subsection (1).

     (6)    The Assembly must, as soon as a statement is prepared for the purposes of

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subsection (5), send a copy of it to—

           (a)           the Secretary of State,

           (b)           the Scottish Ministers, and

           (c)           the Department of the Environment.

 

 

 
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