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The Waste and Emissions Trading Act 2003 (Amendment) Regulations 2011

S.I. 2011/2499 · Made 17 October 2011 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 March 2013.

Environmental Protection

Made 17th October 2011

Laid before Parliament 21st October 2011

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by—

  1. (a)

    section 2(2) of the European Communities Act 1972 M1, so far as relating to the amendments to the Waste and Emissions Trading Act 2003 M2 and the Joint Waste Authorities (Proposals) Regulations 2009 M3; and

  2. (b)

    sections 6, 10 to 12, 15 and 26 of the Waste and Emissions Trading Act 2003, so far as relating to the amendments to the Landfill Allowances and Trading Scheme (England) Regulations 2004 M4.

The Secretary of State is a Minister designated M5 for the purposes of section 2(2) of the European Communities Act 1972 in relation to the environment.

The amendments to the Landfill Allowances and Trading Scheme (England) Regulations 2004 are made following consultation in accordance with section 27(2) of the Waste and Emissions Trading Act 2003.

Annotations to the whole text

Marginal citations

M1

1972 c. 68. Section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7). Under section 57 of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under European Union law in respect of devolved matters, the Secretary of State's function in relation to implementing those obligations continues to be exercisable as regards Scotland.

M2

2003 c. 33.

M3

S.I. 2009/105.

M4

S.I. 2004/3212, amended by S.I. 2005/895; there are other amending instruments but none is relevant.

M5

S.I. 2008/301.

Contents

  1. Part 1: General
  2. 1Citation, commencement and extent
  3. Part 2: Amendment of the Waste and Emissions Trading Act 2003
  4. 2Amendment of the Waste and Emissions Trading Act 2003
  5. 3Substitution of references to “biodegradable local authority collected municipal waste”
  6. 4Amendment of section 4 (allocation of landfill allowances)
  7. 5Amendment of section 5 (alteration of allocations under section 4)
  8. 6Amendment of section 21 (“biodegradable waste” and “municipal waste”)
  9. 7Amendment of section 25 (activities to which Chapter 1 does not apply)
  10. 8Disapplication of certain penalty provisions where the allocating authority is the Secretary of State
  11. Part 3: Amendment of the Landfill Allowances and Trading Scheme (England) Regulations 2004 Repealed
  12. 9Amendment of the Landfill Allowances and Trading Scheme (England) Regulations 2004 Repealed
  13. 10Amendment of regulation 2 (interpretation) Repealed
  14. 11Substitution of “local authority collected municipal waste” and “biodegradable local authority collected municipal waste” Repealed
  15. 12Amendment of regulation 13 (determining the amount of biodegradable municipal waste in amounts of waste) Repealed
  16. 13Amendment of regulation 20 (penalties: exceeding allowances) Repealed
  17. Part 4: Amendment of the Joint Waste Authorities (Proposals) Regulations 2009
  18. 14Amendment of the Joint Waste Authorities (Proposals) Regulations 2009
  19. Signature
  20. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Waste and Emissions Trading Act 2003 (Amendment) Regulations 2011.

(2)

Subject to paragraph (3), these Regulations come into force on 21st November 2011.

(3)

Parts 3 and 4 come into force immediately after Part 2.

(4)

Parts 3 and 4 extend to England and Wales only.

2Amendment of the Waste and Emissions Trading Act 2003

Chapter 1 of Part 1 of the Waste and Emissions Trading Act 2003 (waste sent to landfills) is amended in accordance with regulations 3 to 8.

3Substitution of references to “biodegradable local authority collected municipal waste”

In the following provisions, for “biodegradable municipal waste” substitute “ biodegradable local authority collected municipal waste ”

(a)

section 4(1) (allocation of landfill allowances);

(b)

section 9(1) (duty not to exceed allowances);

(c)

section 10(2)(a) (monitoring authorities);

(d)

section 11(2)(d) and (f) (scheme regulations);

(e)

section 12(1) and (2)(b)(i) (powers in relation to waste disposal authorities).

4Amendment of section 4 (allocation of landfill allowances)

In section 4—

(a)

for subsection (2) substitute—

“(2)

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

(b)

at the end of subsection (4)(b) insert “ including in particular how the authority has complied with the duty in subsection (2) ”.

5Amendment of section 5 (alteration of allocations under section 4)

In section 5—

(a)

for subsection (3) substitute—

“(3)

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

(b)

at the end of subsection (4)(b) insert “ including in particular how the authority has complied with the duty in subsection (3) ”.

6Amendment of section 21 (“biodegradable waste” and “municipal waste”)

(1)

For the heading of section 21 substitute— “ “Biodegradable waste”, “municipal waste” and “local authority collected municipal waste” ”.

(2)

In section 21—

(a)

for subsection (2) substitute—

“(2)

In this Chapter—

(a)

“biodegradable municipal waste” means waste that is both biodegradable waste and municipal waste; and

(b)

“biodegradable local authority collected municipal waste” means waste that is both biodegradable waste and local authority collected municipal waste.”;

(b)

in subsection (3), for “subsection (2)” substitute “ this section ”; and

(c)

after subsection (3) insert—

“(4)

In subsection (2) “local authority collected municipal waste” means any municipal waste which is collected under arrangements made by a waste collection authority or a waste disposal authority.

(5)

In subsection (4) “waste collection authority”—

(a)

in relation to England and Wales and Scotland, has the same meaning as in Part 2 of the Environmental Protection Act 1990 M1;

(b)

in relation to Northern Ireland, means a district council.”.

7Amendment of section 25 (activities to which Chapter 1 does not apply)

In section 25(1), after “biodegradable waste”, insert “ , biodegradable local authority collected municipal waste ”.

8Disapplication of certain penalty provisions where the allocating authority is the Secretary of State

The following provisions cease to apply where the allocating authority is the Secretary of State—

(a)

section 9(3) and (4) (duty not to exceed allowances);

(b)

section 26(4) (penalties under Chapter 1: general).

9Amendment of the Landfill Allowances and Trading Scheme (England) Regulations 2004F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Amendment of regulation 2 (interpretation)F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11Substitution of “local authority collected municipal waste” and “biodegradable local authority collected municipal waste”F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12Amendment of regulation 13 (determining the amount of biodegradable municipal waste in amounts of waste)F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13Amendment of regulation 20 (penalties: exceeding allowances)F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14Amendment of the Joint Waste Authorities (Proposals) Regulations 2009

In the Joint Waste Authorities (Proposals) Regulations 2009 M1, for paragraph 7 of Schedule 2 substitute—

“

7
(1)

If the proposed joint waste authority has the function of disposing of biodegradable local authority collected municipal waste, the arrangements to ensure the fulfilment of its duties as a waste disposal authority for the purposes of the Waste and Emissions Trading Act 2003 M2.

(2)

In this paragraph, “biodegradable local authority collected municipal waste” has the meaning given by section 21 of that Act M3.”.

Signature

Taylor of Holbeach

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Explanatory note

(This note is not part of the Regulations)

These Regulations amend Chapter 1 of Part 1 of the Waste and Emissions Trading Act 2003 (c. 33) (“the 2003 Act”). They also amend the Landfill Allowances and Trading Scheme (England) Regulations 2004 (S.I. 2004/3212) (“the 2004 Regulations”) and the Joint Waste Authorities (Proposals) Regulations 2009 (S.I. 2009/105) (“the 2009 Regulations”).

The amendments in Part 2 introduce the term “local authority collected municipal waste” to the 2003 Act. The term is used in provisions relating to the setting up and operation of landfill allowance schemes and is distinguished from the use of the term “municipal waste” (defined in section 21 of the 2003 Act) to describe the waste that must be diverted from landfills under Article 5(2) of Council Directive 1999/31/EC on the landfill of waste (OJ No L 182, 16.7.1999, p 1).

The amendments in Parts 3 and 4 provide for the use of the term “local authority collected municipal waste” in the 2004 Regulations and the 2009 Regulations.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.