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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 subsection (2) “treatment” means the physical, thermal, chemical or | |
biological processes, including sorting, that change the characteristics of waste | 25 |
in order to— | |
(a) reduce its volume, | |
(b) reduce its hazardous nature, | |
(c) facilitate its handling, or | |
(d) enhance its recoverability. | 30 |
23 “Scheme year” and “target year” | |
(1) In this Chapter— | |
“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 | 35 |
2020. | |
(2) The Secretary of State may by regulations amend subsection (1) for the purpose | |
of— | |
(a) providing for a different day to be the first day of a scheme year; | |
(b) adding one or more scheme years; | 40 |
(c) changing the target years or any of them; | |
(d) adding or omitting one or more target years. | |
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(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 | |
(1) For the purposes of this Chapter, the “allocating authority”— | 5 |
(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. | |
(2) In this Chapter, any reference to an allocating authority’s “area” is to the area | 10 |
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 | |
monitoring authority designated for the area by regulations under section | 15 |
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); | |
(b) in relation to Northern Ireland means a district council. | 20 |
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— | |
(a) the spreading of sludges (including sewage sludges and sludges | 25 |
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, | |
(c) the deposit of non-hazardous sludges in surface water or in the bed or | 30 |
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 | |
(ii) the operation of quarries. | 35 |
(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 | |
penalty under this Chapter— | 40 |
(a) the amount of the penalty is that specified by, or calculated under, | |
regulations made by the allocating authority under subsection (3); | |
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| |
| |
(b) the penalty, and any interest on it, is to be paid to the allocating | |
authority; and | |
(c) the allocating authority may— | |
(i) extend the time for paying the whole or part of the penalty or | |
any interest on it; | 5 |
(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— | |
(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; | 10 |
(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— | |
(a) make provision specifying the amounts of penalties or rules for | |
calculating their amounts; | 15 |
(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; | |
(d) make provision for recovering or setting off, and securing, unpaid | |
amounts in respect of penalties or interest. | 20 |
(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. | |
27 Regulations under Chapter 1: consultation | |
(1) This section applies to regulations under this Chapter, other than regulations | 25 |
under section 1, 2, 3 or 23. | |
(2) Before making regulations to which this section applies, an allocating authority | |
shall (subject to subsection (4))— | |
(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 | 30 |
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 | |
as it considers appropriate, and | |
(c) consult such bodies or persons appearing to it to be representative of | 35 |
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 | |
regulations. | |
(4) The allocating authority need not consult as mentioned in paragraph (a) or (b) | 40 |
of subsection (2) if it appears to the authority that the interests mentioned in | |
that paragraph will not be affected by the regulations. | |
28 Regulations under Chapter 1: procedural provisions | |
(1) A statutory instrument that— | |
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| |
(a) contains regulations under this Chapter made by the Secretary of State, | |
and | |
(b) is not subject to any requirement that a draft of the instrument be laid | |
before, and approved by a resolution of, each House of Parliament, | |
shall be subject to annulment in pursuance of a resolution of either House of | 5 |
Parliament. | |
(2) No affirmative-procedure regulations shall be made by the Secretary of State | |
unless a draft of the statutory instrument containing the regulations (whether | |
containing them alone or with other provisions) has been laid before, and | |
approved by a resolution of, each House of Parliament. | 10 |
(3) A statutory instrument that— | |
(a) contains regulations under this Chapter made by the Scottish Ministers, | |
and | |
(b) is not subject to any requirement that a draft of the instrument be laid | |
before, and approved by a resolution of, the Scottish Parliament, | 15 |
shall be subject to annulment in pursuance of a resolution of the Scottish | |
Parliament. | |
(4) No affirmative-procedure regulations shall be made by the Scottish Ministers | |
unless a draft of the statutory instrument containing them (whether containing | |
them alone or with other provisions) has been laid before, and approved by a | 20 |
resolution of, the Scottish Parliament. | |
(5) A statutory rule that— | |
(a) contains regulations under this Chapter made by the Department of the | |
Environment, and | |
(b) is not subject to affirmative resolution within the meaning of section | 25 |
41(4) of the 1954 Act, | |
shall be subject to negative resolution within the meaning of section 41(6) of | |
that Act. | |
(6) A statutory rule that contains (whether alone or with other provisions) | |
affirmative-procedure regulations made by the Department of the | 30 |
Environment shall be subject to affirmative resolution within the meaning of | |
section 41(4) of the 1954 Act. | |
(7) In this section— | |
“affirmative-procedure regulations” means— | |
(a) regulations under section 1 or 2, and | 35 |
(b) the first regulations to be made under each of sections 6, 7 and | |
11 by each of the Secretary of State, the Scottish Ministers and | |
the Department of the Environment; | |
“the 1954 Act” means the Interpretation Act (Northern Ireland) 1954 | |
(c. 33 (N.I.)). | 40 |
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Chapter 2 | |
Waste management in Wales | |
29 Municipal waste management strategies | |
(1) The National Assembly for Wales may by regulations make provision for | |
requiring a local authority to have for its area a strategy for the management of | 5 |
waste. | |
(2) Regulations under subsection (1) may (in particular)— | |
(a) specify matters to be addressed by a strategy; | |
(b) specify wastes to which a strategy is to relate; | |
(c) make provision about policies to be included in a strategy; | 10 |
(d) make provision in connection with review or revision of a strategy; | |
(e) make provision for consultation, or about other procedural matters, in | |
connection with the formulation of policy for the purposes of a | |
strategy; | |
(f) make provision for requiring the preparation of statements setting out | 15 |
policies formulated for the purposes of a strategy; | |
(g) make provision about the contents of such statements, including | |
provision for requiring a local authority to set out in such a statement | |
the content of its waste recycling plan; | |
(h) make provision about the form of such statements; | 20 |
(i) make provision for publicising such statements once prepared, for | |
publishing them, for sending copies of them to persons specified in the | |
regulations and for public inspection of them; | |
(j) make provision for the supply of copies of such statements, including | |
provision for the payment of reasonable charges; | 25 |
(k) make provision for requiring a local authority, when formulating | |
policy for the purposes of a strategy or preparing such a statement, to | |
have regard to guidance (including future guidance); | |
(l) make provision modifying or disapplying provisions of section 49 of | |
the Environmental Protection Act 1990 (c. 43) (duty to make waste | 30 |
recycling plan) so far as having effect in relation to a local authority that | |
includes the content of its recycling plan in such a statement; | |
(m) make provision about when duties imposed by the regulations are to be | |
performed, including provision for duties to be performed by times | |
specified in directions given by the Assembly. | 35 |
(3) In this section— | |
(a) “local authority” means a county council, or county borough council, in | |
Wales, and | |
(b) references to the content of a local authority’s waste recycling plan are | |
to the content of the statement prepared by it under section 49(1)(c) of | 40 |
the Environmental Protection Act 1990, read with any modifications | |
under section 49(1)(e) of that Act. | |
30 Provision of information about waste by local authorities | |
(1) The National Assembly for Wales may by regulations make provision | |
requiring a local authority to provide the Assembly with information— | 45 |
(a) of a description specified by the regulations, and | |
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| |
(b) relating to, or to a description of, waste that is or has been in, or may or | |
will come into, the authority’s area. | |
(2) Regulations under subsection (1) may— | |
(a) make provision in connection with the collection, verification or | |
certification of information whose provision is required by such | 5 |
regulations; | |
(b) make provision about the form in which, and the means by which, | |
information is to be provided; | |
(c) make provision about when duties imposed by the regulations are to be | |
performed, including provision for duties to be performed by times | 10 |
specified in directions given by the Assembly. | |
(3) In this section “local authority” means a county council, or county borough | |
council, in Wales. | |
Chapter 3 | |
Supplementary | 15 |
31 Directions to waste collection authorities in England | |
(1) Part 2 of the Environmental Protection Act 1990 (c. 43) (waste on land) is | |
amended as follows. | |
(2) In section 48 (duties of waste collection authorities as respects collected waste), | |
after subsection (1) (collection authority to deliver collected waste to places | 20 |
directed by disposal authority) there is inserted— | |
“(1A) A waste collection authority in England which is not also a waste | |
disposal authority must discharge its duty under subsection (1) above | |
in accordance with any directions about separation of waste given by | |
the waste disposal authority for its area.” | 25 |
(3) In section 51 (functions of waste disposal authorities), after subsection (4) there | |
is inserted— | |
“(4A) A waste disposal authority in England which is not also a waste | |
collection authority may in directions under subsection (4)(a) above | |
include requirements about separation that relate to waste as delivered, | 30 |
but may do so only if it considers it necessary for assisting it to comply | |
with any obligation imposed on it by or under any enactment. | |
(4B) Before exercising its power to include requirements about separation in | |
directions under subsection (4)(a) above, a waste disposal authority | |
shall consult the waste collection authorities within its area. | 35 |
(4C) In exercising its power to include requirements about separation in | |
directions under subsection (4)(a) above, a waste disposal authority | |
shall have regard to any guidance given by the Secretary of State as to | |
the exercise of that power. | |
(4D) A waste disposal authority which includes requirements about | 40 |
separation in directions given under subsection (4)(a) above shall notify | |
the waste collection authorities to which the directions are given of its | |
reasons for including the requirements.” | |
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(4) After section 52 there is inserted— | |
“52A Payments for delivering waste pre-separated | |
(1) A waste disposal authority in England which is not also a waste | |
collection authority shall pay to a waste collection authority within its | |
area such amounts as are needed to ensure that the collection authority | 5 |
is not financially worse off as a result of having to comply with any | |
separation requirements. | |
(2) A waste disposal authority in England which is not also a waste | |
collection authority may pay to a waste collection authority within its | |
area— | 10 |
(a) which performs its duty under section 48(1) above by delivering | |
waste in a state of separation, but | |
(b) which is not subject to any separation requirements as respects | |
the delivery of that waste, | |
contributions of such amounts as the disposal authority may determine | 15 |
towards expenditure of the collection authority that is attributable to its | |
delivering the waste in that state. | |
(3) The Secretary of State may by regulations make provision about how | |
amounts to be paid under subsection (1) above are to be determined. | |
(4) Regulations under subsection (3) above may include provision for | 20 |
amounts to be less than they would otherwise be (or to be nil) if | |
conditions specified in the regulations are not satisfied. | |
(5) Any question arising under subsection (1) above shall, in default of | |
agreement between the paying and receiving authorities, be | |
determined by arbitration. | 25 |
(6) A waste collection authority in England which is not also a waste | |
disposal authority shall supply the waste disposal authority for its area | |
with such information as the disposal authority may reasonably | |
require— | |
(a) for the purpose of determining amounts under this section, or | 30 |
(b) for the purpose of estimating any amounts that would fall to be | |
determined under this section were the collection authority to | |
be subject to particular separation requirements. | |
(7) In this section “separation requirements”, in relation to a waste | |
collection authority, means requirements about separation included in | 35 |
directions given to it under section 51(4)(a) above.” | |
32 Regulations under Part 1 | |
(1) Any power to make regulations under this Part includes— | |
(a) power to make different provision for different cases, and | |
(b) power to make incidental, supplementary, consequential or | 40 |
transitional provision or savings. | |
(2) Any power to make regulations under this Part is exercisable by statutory | |
instrument, subject to subsection (3). | |
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