Office of Public Sector Information
PART 1 continued CHAPTER 1 continued
(5) The Secretary of State must set out in a statement any policy formulated for the purposes of subsection (1).
(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.
(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.
(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 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 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)”.
(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.
(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.
(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,
(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) 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,
(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.
(8) Subsection (4) may be satisfied by consultation before, as well as by consultation after, the coming into force of this section.
(1) The National Assembly for Wales must have a strategy for reducing—
(a) the amount of biodegradable waste from Wales that goes to landfills, 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.
(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—
(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 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 subsection (5), send a copy of it to—
(a) the Secretary of State,
(b) the Scottish Ministers, and
(c) the Department of the Environment.
(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.
(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 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, 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,
(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.
(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,
(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.
(8) Subsection (4) may be satisfied by consultation before, as well as by consultation after, the coming into force of this section.
(1) In this Chapter “biodegradable waste” means any waste that is capable of undergoing anaerobic or aerobic decomposition, such as—
food and garden waste, and
paper and paperboard.
(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 waste from households.
(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
(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;
(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.
(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 in order to—
(a) reduce its volume,
(b) reduce its hazardous nature,
(c) facilitate its handling, or
(d) enhance its recoverability.
(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 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 or omitting one or more scheme years;
(c) providing for a scheme year to be a period shorter or longer than a year;
(d) changing the target years or any of them;
(e) adding or omitting one or more target years.
(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.
(1) For the purposes of this Chapter, the “allocating authority”—
(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 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 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.
(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 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 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.
(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.
(1) Where a waste disposal authority in an allocating authority’s area is liable to a penalty under this Chapter—
(a) the amount of the penalty is that specified by, or calculated under, regulations made by the allocating authority under subsection (3);
(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;
(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;
(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;
(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.
(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.
(1) This section applies to regulations under this Chapter, other than regulations 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 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 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) of subsection (2) if it appears to the authority that the interests mentioned in that paragraph will not be affected by the regulations.
(5) Subsection (2) may be satisfied by consultation before, as well as by consultation after, the coming into force of this section.
(1) A statutory instrument that—
(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 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.
(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,
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 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 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 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—
regulations under section 1 or 2, and
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.)).
(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 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;
(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 policies formulated for the purposes of a strategy;
(g) make provision about the contents of such statements;
(h) make provision about the form of such statements;
(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;
(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 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.
(3) In this section “local authority” means a county council, or county borough council, in Wales.
(1) The National Assembly for Wales may by regulations make provision requiring a local authority to provide the Assembly with information—
(a) of a description specified by the regulations, and
(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 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 specified in directions given by the Assembly.
(3) In this section “local authority” means a county council, or county borough council, in Wales.
(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 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.”
(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, 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.
(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 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.”
(4) After section 52 there is inserted—
(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 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—
(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 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 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.
(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
(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 directions given to it under section 51(4)(a) above.”
(1) The waste authorities for a two-tier area must, at all times after the end of the period of 18 months beginning with the day on which this Act is passed, have for the area a joint strategy for the management of—
(a) waste from households, and
(b) other waste that, because of its nature or composition, is similar to waste from households.
(2) The waste authorities for a two-tier area must keep under review the policies formulated by them for the purposes of subsection (1).
(3) The waste authorities for a two-tier area must, before formulating policy for the purposes of subsection (1), carry out such consultation as they consider appropriate.
(4) The waste authorities for a two-tier area must set out in a statement any policy formulated by them for the purposes of subsection (1).
(5) The waste authorities for a two-tier area must—
(a) when formulating policy for the purposes of subsection (1), and
(b) when preparing a statement under subsection (4),
have regard to any guidance given by the Secretary of State.
(6) The waste authorities for a two-tier area in Greater London must, when formulating policy for the purposes of subsection (1), have regard to the Mayor of London’s municipal waste management strategy or, where that strategy has been revised, to that strategy as revised.
(7) Where the waste authorities for a two-tier area prepare a statement under subsection (4)—
(a) they must take such steps as in their opinion will give adequate publicity in the area to the statement;
(b) they must send a copy of the statement—
(i) to each of the Secretary of State and the Environment Agency, and
(ii) if the area is in Greater London, to the Mayor of London;
(c) each of the authorities must keep a copy of the statement available at all reasonable times at one of its offices for inspection by the public free of charge; and
(d) each of the authorities must supply a copy of the statement to any person who requests one, on payment by the person of such reasonable charge as the authority requires.
(8) Where subsection (1) is satisfied in relation to a two-tier area by policies set out in a statement prepared before the coming into force of that subsection—
(a) it does not matter that the policies were not formulated for the purposes of subsection (1), but
(b) subsection (2) shall apply as though the policies were formulated for the purposes of subsection (1).
(9) Subsection (3) may be satisfied by consultation before, as well as by consultation after, the coming into force of that subsection.
(10) The Secretary of State may by regulations make provision for subsection (1) to apply, in relation to a two-tier area specified or described in the regulations, with the substitution for “18 months” of some longer period.
(11) A statutory instrument that contains regulations under subsection (10) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(12) In section 353 of the Greater London Authority Act 1999 (c. 29) (Mayor’s duty to prepare municipal waste management strategy), after subsection (3) there is inserted—
“(3A) In revising the municipal waste management strategy the Mayor is to have regard to any strategies which authorities in Greater London have for the purposes of section 32 of the Waste and Emissions Trading Act 2003 (joint waste management strategies for areas where disposal authority is not also collection authority).”
Waste and Emissions Trading Act 2003