# The Landfill Allowances Scheme (Northern Ireland) Regulations 2004, Regulation 19: Penalties: exceeding allowances

Extent: N.I.

(1) The penalty to which a district council is liable under section 9(2) of the Act is the excess landfill for that district council multiplied by £150.
(2) For the purposes of paragraph (1) “excess landfill” means, for a scheme year, the amount in tonnes by which biodegradable local authority collected municipal waste sent to landfills by the district council, as calculated under regulation 13(1)(a), exceeds the landfill allowances available to the district council.
(3) The supplementary penalty (“SP”) to which a district council is liable under section 9(3) of the Act must be calculated according to the following formula –
SP=F×(T1/T2)where for the target year –
F is the amount of any fine imposed on the United Kingdom in respect of the United Kingdom’s obligations under Article 5(2) of Council Directive 99/31/EC on the landfill of waste as last amended by Directive (EU) 2018/850,
T1 is the amount in tonnes by which biodegradable local authority collected municipal waste sent to landfills by the district council, as calculated under regulation 13(1)(a), exceeds the landfill allowances available to the district council, and
T2 is the amount in tonnes by which biodegradable local authority collected municipal waste sent to landfills in the United Kingdom exceeds the maximum amount specified under section 1(1)(a) of the Act.
(4) The supplementary penalty (“SP”) to which a district council is liable under section 9(4) of the Act must be calculated according to the following formula –
SP=F×(T1/T2)where –
F is, for the scheme year, the amount of any fine imposed on the United Kingdom in respect of the United Kingdom’s obligations under Article 5(2) of Council Directive 99/31/EC on the landfill of waste as last amended by Directive (EU) 2018/850,
T1 is, for the scheme year, the amount in tonnes by which biodegradable local authority collected municipal waste sent to landfills by the district council, as calculated under regulation 13(1)(a), exceeds the landfill allowances available to the district council, and
T2 is the amount in tonnes by which biodegradable local authority collected municipal waste sent to landfills in the United Kingdom in the scheme year exceeds the maximum amount specified under section 1(1)(a) of the Act in respect of the last target year before the scheme year.

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Source: https://www.legislation.gov.uk/nisr/2004/416/regulation/19 (the official version)
Page: https://openlegislation.uk/landfill-allowances-scheme-northern-ireland-regulations-2004/regulation-19
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.