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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. | |
(2) The monitoring authority for an area shall— | 5 |
(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; | |
(b) audit the performance of waste disposal authorities in the area in | 10 |
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; | 15 |
(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 | |
the supply to the allocating authority of information or evidence in | 20 |
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. | |
11 Scheme regulations | 25 |
(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)— | |
(a) make provision about the manner of allocation of, or evidence of | 30 |
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 | |
allowances; | 35 |
(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 | |
amounts of waste, or of waste of any description, sent to landfills in | 40 |
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 | |
the regulations (including future guidance); | 45 |
(g) make provision imposing or conferring additional functions on the | |
monitoring authority for the area. | |
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(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 | |
penalty. | |
12 Powers in relation to waste disposal authorities | |
(1) An allocating authority may, for purposes connected with the sending of | 5 |
biodegradable municipal waste to landfills, by regulations make provision for | |
requiring waste disposal authorities in its area to— | |
(a) maintain prescribed records; | |
(b) gather prescribed information by carrying out prescribed operations on | |
prescribed waste; | 10 |
(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 | |
authority— | |
(a) to require waste disposal authorities in the area to produce, for | 15 |
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 | |
monitoring authority with information about, and evidence as to, | |
matters connected with the sending of biodegradable municipal waste | 20 |
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 | |
supplied; | |
(d) to copy records that are produced. | 25 |
(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 | |
that subsection. | |
13 Powers in relation to landfill operators | 30 |
(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— | |
(a) maintain prescribed records; | |
(b) gather prescribed information by carrying out prescribed operations on | 35 |
prescribed waste; | |
(c) make prescribed returns, or provide prescribed information or | |
prescribed evidence, to prescribed persons. | |
(2) A person commits an offence if he fails to comply with a requirement imposed | |
on him under subsection (1). | 40 |
(3) An allocating authority may by regulations make provision enabling the | |
monitoring authority for its area, or persons authorised by the monitoring | |
authority— | |
(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 | 45 |
removal for inspection elsewhere; | |
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(b) to specify the form in which, the place at which and the time at or by | |
which records are to be produced; | |
(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— | 5 |
(i) finding records relating to the operation of a landfill, | |
(ii) inspecting them or removing them for inspection elsewhere, | |
and | |
(iii) copying them; | |
(e) to require persons to afford, to a person exercising any power conferred | 10 |
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— | |
(a) he intentionally obstructs a person exercising a power conferred under | 15 |
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— | |
(a) on summary conviction, to a fine not exceeding the statutory | 20 |
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 | |
conviction to a fine not exceeding level 5 on the standard scale. | 25 |
(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 | |
other monitoring authority, or to any allocating authority, for the purpose of | 30 |
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 | |
recipient of any of its functions under this Chapter. | 35 |
(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 | |
authority in carrying out any of its functions under this Chapter. | 40 |
(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 | |
another allocating authority, in carrying out any of its functions under | 45 |
this Chapter. | |
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(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). | |
15 Monitoring information: registers | |
(1) An allocating authority may by regulations make provision requiring the | 5 |
monitoring authority for its area to maintain a register containing such of its | |
monitoring information as is of a description specified by the regulations. | |
(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 | 10 |
(b) disclosed to it after having been acquired by another monitoring | |
authority in carrying out any of its functions under this Chapter. | |
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 | 15 |
regulations— | |
(a) make provision for public inspection of such of the information | |
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 | 20 |
information in the register that is open to public inspection under | |
paragraph (a), including provision for the payment of reasonable | |
charges. | |
Strategies for reducing landfilling of biodegradable waste | |
17 Strategy for England | 25 |
(1) The Secretary of State must have a strategy for reducing— | |
(a) the amount of biodegradable waste from England that goes to landfills, | |
and | |
(b) the amount of biodegradable waste from outside England that goes to | |
landfills in England. | 30 |
(2) The strategy required by subsection (1) must (in particular) include measures | |
to achieve the targets specified for England under sections 1 and 2. | |
(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. | 35 |
(4) 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 | |
Mayor of London, | 40 |
(b) consult such bodies or persons appearing to him to be representative of | |
the interests of local government as he considers appropriate, | |
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(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. | |
(5) The Secretary of State must set out in a statement any policy formulated for the | |
purposes of subsection (1). | 5 |
(6) The Secretary of State must, as soon as a statement is prepared for the purposes | |
of subsection (5), send a copy of it to— | |
(a) the Scottish Ministers, | |
(b) the National Assembly for Wales, and | |
(c) the Department of the Environment. | 10 |
(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. | 15 |
(8) 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 | 20 |
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)”. | |
(9) In section 354(2)(b) of that Act (directions about content of Mayor’s municipal | 25 |
waste management strategy given for purposes of implementing policies in | |
national waste strategy), after “(national waste strategy)” there is inserted “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 | 30 |
(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. | 35 |
(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. | 40 |
(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, | 45 |
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(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. | 5 |
(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, | 10 |
(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. | 15 |
(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. | 25 |
(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— | 30 |
(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 | 35 |
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 | 40 |
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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(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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