The Landfill (Scheme Year and Maximum Landfill Amount) Regulations 2004

2004 No. 1936

ENVIRONMENTAL PROTECTION

The Landfill (Scheme Year and Maximum Landfill Amount) Regulations 2004

Made 21th July 2004

Coming into force in accordance with regulation 1

The Secretary of State in exercise of the powers conferred on her by sections 1(1), 2(1), 23(2)(a) to (d) and 36(2)(a) of the Waste and Emissions Trading Act 20031(“the Act”), having obtained the agreement of the Scottish Ministers in accordance with section 2(2) of the Act, the agreement of the National Assembly for Wales in accordance with section 2(3) of the Act and the agreement of the Department of the Environment in accordance with section 2(4) of the Act and having consulted the Scottish Ministers, the National Assembly for Wales and the Department of the Environment in accordance with sections 1(4) and 23(3) of the Act, makes the following Regulations, a draft of which has been laid before and approved by a resolution of each House of Parliament in accordance with section 28(2) of the Act:

S-1 Citation and Commencement

Citation and Commencement

1. These Regulations may be cited as the Landfill (Scheme Year and Maximum Landfill Amount) Regulations 2004 and shall come into force on the day after the day on which they are made.

S-2 Amendment of the Waste and Emissions Trading Act 2003

Amendment of the Waste and Emissions Trading Act 2003

2.—(1) The Waste and Emissions Trading Act 2003 is amended as follows.

(2) In section 23 (meaning of “scheme year” and “target year” in Chapter 1 of Part 1), for subsection (1) substitute the following subsection—

S-1

“1 In this Chapter—

“scheme year” means—

(a) for England, Scotland and Northern Ireland, a year beginning with 1st April in any of 2005 to 2019; and

(b) for Wales—

(i) the period of six months beginning with 1st October 2004, or

(ii) a year beginning with 1st April in any of 2005 to 2019;

“target year” means a scheme year ending with 31st March in 2010, 2013 or 2020.”.

S-3 Landfill Targets

Landfill Targets

3. The maximum amount of biodegradable municipal waste that may be sent to landfill in each scheme year that is a target year shall be in accordance with Table 1.

Table 1

Maximum Amount (in tonnes)

Area

Target Year ending in 2010

Target Year ending in 2013

Target Year ending in 2020

United Kingdom

13,700,000

9,130,000

6,390,000

England

11,200,000

7,460,000

5,220,000

Scotland

1,320,000

880,000

620,000

Wales

710,000

470,000

330,000

Northern Ireland

470,000

320,000

220,000

S-4 Maximum Amount of Waste sent to Landfill from England in Non-target years

Maximum Amount of Waste sent to Landfill from England in Non-target years

4. The maximum amount by weight of biodegradable municipal waste allowed in a scheme year mentioned in Table 2 to be sent to landfills from England shall be in accordance with that Table.

Table 2

Scheme Year

Maximum Amount (in tonnes)

1st Year2

15,200,000

2nd Year

14,530,000

3rd Year

13,640,000

4th Year

12,530,000

S-5 Maximum Amount of Waste sent to Landfill from Scotland in Non-target years

Maximum Amount of Waste sent to Landfill from Scotland in Non-target years

5. The maximum amount by weight of biodegradable municipal waste allowed in a scheme year mentioned in Table 3 to be sent to landfills from Scotland shall be in accordance with that Table.

Table 3

Scheme Year

Maximum Amount (in tonnes)

1st Year3

1,800,000

2nd Year

1,500,000

3rd Year

1,440,000

4th Year

1,380,000

S-6 Maximum Amount of Waste sent to Landfill from Wales in Non-target years

Maximum Amount of Waste sent to Landfill from Wales in Non-target years

6. The maximum amount by weight of biodegradable municipal waste allowed in a scheme year mentioned in Table 4 to be sent to landfills from Wales shall be in accordance with that Table.

Table 4

Scheme Year

Maximum Amount (in tonnes)

1st Year 4

550,000

2nd Year

1,035,000

3rd Year

970,000

4th Year

905,000

5th Year

840,000

S-7 Maximum Amount of Waste sent to Landfill from Northern Ireland in Non-target years

Maximum Amount of Waste sent to Landfill from Northern Ireland in Non-target years

7. The maximum amount by weight of biodegradable municipal waste allowed in a scheme year mentioned in Table 5 to be sent to landfills from Northern Ireland shall be in accordance with that Table.

Table 5

Scheme Year

Maximum Amount (in tonnes)

1st Year5

669,885

2nd Year

655,545

3rd Year

641,235

4th Year

626,925

Elliot Morley

Minister of State

Department for Environment, Food and Rural Affairs

Date: 21st July 2004

(This note is not part of the Regulations)

These Regulations amend the Waste and Emissions Trading Act 2003 (“the Act”), by replacing the definitions of “scheme year” and “target year” in section 23(1). These Regulations also specify the maximum amount of biodegradable municipal waste allowed to be sent to landfills from the United Kingdom, England, Scotland, Wales and Northern Ireland in a scheme year that is a target year, together with maximum amounts of biodegradable municipal waste that may be sent to landfill from England, Scotland, Wales and Northern Ireland for the scheme years up to and including...

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