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Waste and Emissions Trading Bill [HL]


Waste and Emissions Trading Bill [HL]
Part 1 — Waste
Chapter 1 — Waste sent to landfills

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 10    Scheme regulations

     (1)    An allocating authority may by regulations make provision for the purpose of

carrying into effect, in relation to its area, the provisions of this Chapter

relating to landfill allowances.

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

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           (a)           make provision about the manner of allocation of, or evidence of

entitlement to, landfill allowances;

           (b)           make provision for the maintaining of registers of matters relating to

landfill allowances;

           (c)           make provision about what amounts to the utilisation of landfill

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allowances;

           (d)           make provision for determining the amount of biodegradable

municipal waste in an amount of waste;

           (e)           make provision imposing, or enabling the imposition of, requirements

on waste disposal authorities in the area to produce evidence as to

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amounts of waste, or of waste of any description, sent to landfills in

pursuance of arrangements made by them;

           (f)           make provision requiring waste disposal authorities in the area, in

exercising functions in relation to waste that is or contains

biodegradable municipal waste, to have regard to guidance specified in

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the regulations (including future guidance);

           (g)           make provision imposing or conferring additional functions on the

monitoring authority for the area.

     (3)    Regulations under subsection (1) may provide for a waste disposal authority

that fails to comply with a requirement of the regulations to be liable to a

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penalty.

 11    Powers in relation to waste disposal authorities

     (1)    An allocating authority may, for purposes connected with the sending of

biodegradable municipal waste to landfills, by regulations make provision for

requiring waste disposal authorities in its area to—

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           (a)           maintain prescribed records;

           (b)           gather prescribed information by carrying out prescribed operations on

prescribed waste;

           (c)           make prescribed returns to the monitoring authority for the area.

     (2)    An allocating authority may by regulations make provision for enabling the

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monitoring authority for its area, or persons authorised by the monitoring

authority—

           (a)           to require waste disposal authorities in the area to produce, for

inspection or for removal for inspection elsewhere, records they are

required to maintain by provision made under subsection (1);

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           (b)           to require waste disposal authorities in the area to supply the

monitoring authority with information about, and evidence as to,

matters connected with the sending of biodegradable municipal waste

to landfills;

           (c)           to specify the form in which, the place at which and the time at or by

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which records are to be produced or information or evidence is to be

supplied;

           (d)           to copy records that are produced.

 

 

Waste and Emissions Trading Bill [HL]
Part 1 — Waste
Chapter 1 — Waste sent to landfills

    9

 

     (3)    A waste disposal authority that fails to comply with a requirement imposed on

it under this section is liable to a penalty.

     (4)    In subsection (1) “prescribed” means prescribed by or under regulations under

that subsection.

 12    Powers in relation to landfill operators

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     (1)    An allocating authority may, for purposes connected with the sending of

biodegradable municipal waste to landfills, by regulations make provision for

requiring a person concerned in the operation of a landfill to—

           (a)           maintain prescribed records;

           (b)           gather prescribed information by carrying out prescribed operations on

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prescribed waste;

           (c)           make prescribed returns, or provide prescribed information or

prescribed evidence, to prescribed persons.

     (2)    A person commits an offence if he fails to comply with a requirement imposed

on him under subsection (1).

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     (3)    An allocating authority may by regulations make provision enabling the

monitoring authority for its area, or persons authorised by the monitoring

authority—

           (a)           to require persons concerned in the operation of a landfill to produce

records related to the operation of the landfill for inspection or for

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removal for inspection elsewhere;

           (b)           to specify the form in which, the place at which and the time at or by

which records are to be produced;

           (c)           to copy records that are produced;

           (d)           to enter premises (with or without a constable, with any necessary

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equipment or material and, if need be, by force) for the purposes of—

                  (i)                 finding records relating to the operation of a landfill,

                  (ii)                inspecting them or removing them for inspection elsewhere,

and

                  (iii)               copying them;

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           (e)           to require persons to afford, to a person exercising any power conferred

under paragraphs (a) to (d), such facilities and assistance within their

control or in relation to which they have responsibilities as are

necessary to enable the person to exercise the power.

     (4)    A person commits an offence if—

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           (a)           he intentionally obstructs a person exercising a power conferred under

subsection (3), or

           (b)           he fails to comply with a requirement imposed on him under that

subsection.

     (5)    A person guilty of an offence under subsection (2) or (4)(a) is liable—

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           (a)           on summary conviction, to a fine not exceeding the statutory

maximum;

           (b)           on conviction on indictment, to imprisonment for a term not exceeding

2 years or to a fine, or to both.

     (6)    A person guilty of an offence under subsection (4)(b) is liable on summary

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conviction to a fine not exceeding level 5 on the standard scale.

 

 

Waste and Emissions Trading Bill [HL]
Part 1 — Waste
Chapter 1 — Waste sent to landfills

    10

 

     (7)    In subsection (1) “prescribed” means prescribed by or under regulations under

that subsection.

 13    Disclosure of information by monitoring and allocating authorities

     (1)    A monitoring authority may disclose any of its monitoring information to any

other monitoring authority, or to any allocating authority, for the purpose of

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facilitating the carrying out by the recipient of any of its functions under this

Chapter.

     (2)    An allocating authority may disclose any of its monitoring information to any

other allocating authority for the purpose of facilitating the carrying out by the

recipient of any of its functions under this Chapter.

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     (3)    For the purposes of this section, a monitoring authority’s “monitoring

information” is information or evidence—

           (a)           acquired by it in carrying out any of its functions under this Chapter, or

           (b)           disclosed to it after having been acquired by another monitoring

authority in carrying out any of its functions under this Chapter.

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     (4)    For the purposes of this section, an allocating authority’s “monitoring

information” is information or evidence—

           (a)           acquired by it in carrying out any of its functions under this Chapter, or

           (b)           disclosed to it after having been acquired by a monitoring authority, or

another allocating authority, in carrying out any of its functions under

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this Chapter.

     (5)    Subsections (1) and (2) shall be treated as additional to, and as not prejudicing

the generality of, section 113 of the Environment Act 1995 (c. 25) (disclosure of

information).

 14    Monitoring information: registers

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     (1)    An allocating authority may by regulations make provision requiring the

monitoring authority for its area to maintain a register containing such of its

monitoring information as is of a description specified by the regulations.

     (2)    For the purposes of subsection (1), a monitoring authority’s “monitoring

information” is information or evidence—

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           (a)           acquired by it in carrying out any of its functions under this Chapter, or

           (b)           disclosed to it after having been acquired by another monitoring

authority in carrying out any of its functions under this Chapter.

 15    Registers: public access

An allocating authority may, in relation to a register that a person is required

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to maintain by regulations under this Chapter made by the authority, by

regulations—

           (a)           make provision for public inspection of such of the information

contained in the register as is of a description specified by the

regulations;

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           (b)           make provision for members of the public to obtain copies of

information in the register that is open to public inspection under

paragraph (a), including provision for the payment of reasonable

charges.

 

 

Waste and Emissions Trading Bill [HL]
Part 1 — Waste
Chapter 1 — Waste sent to landfills

    11

 

Strategies for reducing landfilling of biodegradable waste

 16    Strategy for England

     (1)    The Secretary of State must have a strategy for reducing—

           (a)           the amount of biodegradable waste from England that goes to landfills,

and

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           (b)           the amount of biodegradable waste from outside England that goes to

landfills in England.

     (2)    The strategy required by subsection (1) must (in particular) include measures

to achieve the targets specified for England under sections 1 and 2.

     (3)    The measures mentioned in subsection (2) include (in particular) measures to

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achieve the targets by recycling, composting, biogas production, materials

recovery or energy recovery.

     (4)    Before formulating policy for the purposes of subsection (1), the Secretary of

State must—

           (a)           consult the Scottish Ministers, the National Assembly for Wales, the

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Department of the Environment, the Environment Agency and the

Mayor of London,

           (b)           consult such bodies or persons appearing to him to be representative of

the interests of local government as he considers appropriate,

           (c)           consult such bodies or persons appearing to him to be representative of

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the interests of industry as he considers appropriate, and

           (d)           carry out such public consultation as he considers appropriate.

     (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

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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)    In section 353(4) of the Greater London Authority Act 1999 (c. 29) (Mayor’s

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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 16 of the Waste and

Emissions Trading Act 2003 (landfill strategy for

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England),” and

           (b)           in paragraph (b), for “that strategy” there is substituted “those

strategies (or either of them)”.

     (8)    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

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national waste strategy), after “(national waste strategy)” insert “or of the

policies contained in the strategy required by section 16 of the Waste and

Emissions Trading Act 2003 (landfill strategy for England)”.

 

 

 
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