Waste and Emissions Trading Act 2003

JurisdictionUK Non-devolved
Citation2003 c. 33


Waste and Emissions Trading Act 2003

2003 CHAPTER 33

An Act to make provision about waste and about penalties for non-compliance with schemes for the trading of emissions quotas.

[13th November 2003]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Waste

Part 1

Waste

Chapter 1

Waste sent to landfills

Landfill targets

Landfill targets

S-1 Target years

1 Target years

1 Target years

(1) The Secretary of State must by regulations specify the maximum amount by weight of biodegradable municipal waste allowed, in each scheme year that is a target year, to be sent to landfills from each of—

(a) the United Kingdom,

(b) England,

(c) Scotland,

(d) Wales, and

(e) Northern Ireland.

(2) Amounts specified under subsection (1)(a) must be consistent with the obligations of the United Kingdom under Article 5(2) of Council Directive 1999/31/EC.

(3) The total of the amounts specified under subsection (1)(b) to (e) for a year must not exceed the amount specified under subsection (1)(a) for that year.

(4) The Secretary of State must consult—

(a) the Scottish Ministers before specifying amounts under subsection (1)(c);

(b) the National Assembly for Wales before specifying amounts under subsection (1)(d);

(c) the Department of the Environment before specifying amounts under subsection (1)(e).

(5) Subsection (4) may be satisfied by consultation before, as well as by consultation after, the coming into force of this section.

S-2 Non-target years

2 Non-target years

2 Non-target years

(1) The Secretary of State may by regulations specify the maximum amount by weight of biodegradable municipal waste allowed, in a scheme year that is not a target year, to be sent to landfills from—

(a) England;

(b) Scotland;

(c) Wales;

(d) Northern Ireland.

(2) The power under subsection (1)(b) is exercisable only with the agreement of the Scottish Ministers.

(3) The power under subsection (1)(c) is exercisable only with the agreement of the National Assembly for Wales.

(4) The power under subsection (1)(d) is exercisable only with the agreement of the Department of the Environment.

S-3 Non-target years: default rules

3 Non-target years: default rules

3 Non-target years: default rules

(1) If—

(a) for England, Scotland, Wales or Northern Ireland no amount is specified under subsection (1) of section 2 for a year to which that subsection applies, and

(b) the year is followed (whether or not immediately) by a target year,

the following sections of this Chapter shall have effect as if for that year (‘the default-rule year’) there had been specified under section 2(1) for that area the amount given by the formula set out in subsection (2).

(2) The formula is—

L - (L - N) (B + 1)(G + 1)

(3) The formula shall be applied in accordance with subsection (4) if there is no scheme year falling between—

(a) the last target year before the default-rule year, and

(b) the default-rule year,

for which an amount has been specified under section 2(1) for the area; otherwise the formula shall be applied in accordance with subsection (5).

(4) Where the formula is to be applied in accordance with this subsection—

L is the amount specified under section 1 for the area for the year that is the last target year before the default-rule year,

N is the amount specified under section 1 for the area for the year that is the first target year after the default-rule year,

G is the number (if any) of scheme years falling between those target years,and

B is the number (if any) of scheme years falling between—

(a) the earlier of those target years, and

(b) the default-rule year.

(5) Where the formula is to be applied in accordance with this subsection—

L is the amount specified under section 2(1) for the area for the year that is the last scheme year before the default-rule year for which an amount has been specified for the area under section 2(1) (‘the last fixed year’),

N is the amount specified under section 1 for the area for the year that is the first target year after the default-rule year,

G is the number (if any) of scheme years falling between the last fixed year and that target year, and

B is the number (if any) of scheme years falling between the last fixed year and the default-rule year.

(6) For the purposes of subsections (3) and (4), the year ending with 16th July in 2004 shall be taken to be a target year for which the amount specified under section 1 for England, Scotland, Wales or Northern Ireland is such amount as may be specified in regulations made by the Secretary of State.

(7) The Secretary of State shall secure that an amount specified under subsection (6) is, or is a fair estimate of, the amount of biodegradable municipal waste sent to landfills from the area concerned in the year ending with 31st March 2001.

(8) Before making regulations under subsection (6), the Secretary of State shall consult the Scottish Ministers, the National Assembly for Wales and the Department of the Environment.

(9) Subsection (8) may be satisfied by consultation before, as well as by consultation after, the coming into force of this section.

Landfill allowances scheme

Landfill allowances scheme

S-4 Allocation of landfill allowances

4 Allocation of landfill allowances

4 Allocation of landfill allowances

(1) Each allocating authority must—

(a) for each scheme year that is a target year, and

(b) for each other scheme year for which an amount is specified under section 2 for its area,

make among waste disposal authorities in its area an allocation of allowances authorising the sending in that year of amounts of biodegradable municipal waste to landfills.

(2) In performing the duty under subsection (1), an allocating authority must ensure that the total amount of biodegradable municipal waste authorised to be sent to landfills by the allowances it allocates for a year does not exceed the amount for the year specified under section 1 or 2 for its area.

(3) An allocation under subsection (1) must be made before the beginning of the year to which it relates.

(4) As soon as an authority has made an allocation under subsection (1), it must publish a statement—

(a) detailing, in relation to each waste disposal authority in its area, what allowances have been allocated to it, and

(b) explaining the basis of the allocation.

(5) Nothing in this section shall be taken as requiring any allowances to be allocated to any particular waste disposal authority.

S-5 Alteration of allocations under section 4

5 Alteration of allocations under section 4

5 Alteration of allocations under section 4

(1) An authority that has made an allocation under section 4 may at any time alter the allocation, subject to subsections (2) and (3).

(2) The power under subsection (1) does not extend to withdrawing an allowance that has already been utilised.

(3) In exercising the power under subsection (1), an authority must ensure that the total amount of biodegradable municipal waste authorised to be sent to landfills by allowances allocated by it for a year does not exceed the amount for the year specified under section 1 or 2 for its area.

(4) As soon as an authority has exercised the power under subsection (1), it must publish a statement—

(a) detailing the alteration, and

(b) explaining the basis of it.

S-6 Borrowing and banking of landfill allowances

6 Borrowing and banking of landfill allowances

6 Borrowing and banking of landfill allowances

(1) An allocating authority may by regulations make provision for a waste disposal authority in its area to utilise for a scheme year landfill allowances allocated to it for a different scheme year.

(2) Regulations under subsection (1) may not provide for—

(a) the utilisation for a target year of allowances not allocated for that year;

(b) the utilisation for a scheme year later than a target year of allowances allocated for a scheme year earlier than that target year;

(c) the utilisation for a scheme year earlier than a target year of allowances allocated for a scheme year later than that target year.

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

(a) make provision relating only to allowances allocated for specified scheme years;

(b) make provision for allowances allocated for a scheme year to be utilised for a different scheme year only if—

(i) that different scheme year is a specified scheme year;

(ii) specified conditions are satisfied;

(c)...

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