Explanatory note

These Regulations amend Chapter 1 of Part 1 of the Waste and Emissions Trading Act 2003 (c. 33) (“the 2003 Act”) as regards the Secretary of State's functions in England and revoke the Landfill Allowances and Trading Scheme (England) Regulations 2004 (S.I. 2004/3212). This brings the landfill allowances trading scheme to an end in England. Regulations 3, 7 and 8 provide for these amendments with revocations and savings provisions in respect of the period for reconciling landfill allowances in relation to the 2012/13 scheme year.

Regulation 4 sets out obligations for waste disposal authorities in England to keep records and make returns to the Environment Agency in respect of local authority collected municipal waste for the purpose of implementing Article 11(2) of Council Directive 2008/98/EC on waste (OJ No L 312, 22.11.2008, p 3) and these records may also be used for the purpose of implementing Article 5(1) and (2) of Council Directive 1999/31/EC on the landfill of waste (OJ No L 182, 16.7.1999, p 1). Regulation 5 makes provision for penalties associated with those obligations and regulation 6 imposes monitoring duties on the Environment Agency.

An impact assessment of the effect that this instrument will have on the costs of business and the public sector is published at www.legislation.gov.uk alongside the Explanatory Memorandum and this instrument.