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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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     (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

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waste from households.

 22    “Landfill”

     (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

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           (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;

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           (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.

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     (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

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in order to—

           (a)           reduce its volume,

           (b)           reduce its hazardous nature,

           (c)           facilitate its handling, or

           (d)           enhance its recoverability.

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 23    “Scheme year” and “target year”

     (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

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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 one or more scheme years;

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           (c)           changing the target years or any of them;

           (d)           adding or omitting one or more target years.

 

 

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

    16

 

     (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.

 24    Other definitions

     (1)    For the purposes of this Chapter, the “allocating authority”—

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           (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

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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

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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.

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Supplementary

 25    Activities to which Chapter 1 does not apply

     (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

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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

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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.

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     (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.

 26    Penalties under Chapter 1: general

     (1)    Where a waste disposal authority in an allocating authority’s area is liable to a

penalty under this Chapter—

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           (a)           the amount of the penalty is that specified by, or calculated under,

regulations made by the allocating authority under subsection (3);

 

 

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

    17

 

           (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;

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                  (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;

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           (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;

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           (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.

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     (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.

 27    Regulations under Chapter 1: consultation

     (1)    This section applies to regulations under this Chapter, other than regulations

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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

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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

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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)

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of subsection (2) if it appears to the authority that the interests mentioned in

that paragraph will not be affected by the regulations.

 28    Regulations under Chapter 1: procedural provisions

     (1)    A statutory instrument that—

 

 

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

    18

 

           (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

5

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.

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     (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,

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            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

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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

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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

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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—

                  (a)                 regulations under section 1 or 2, and

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                  (b)                 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.)).

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Waste and Emissions Trading Bill [HL]
Part 1 — Waste
Chapter 2 — Waste management in Wales

    19

 

Chapter 2

Waste management in Wales

 29    Municipal waste management strategies

     (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

5

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;

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           (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

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policies formulated for the purposes of a strategy;

           (g)           make provision about the contents of such statements, including

provision for requiring a local authority to set out in such a statement

the content of its waste recycling plan;

           (h)           make provision about the form of such statements;

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           (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;

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           (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 modifying or disapplying provisions of section 49 of

the Environmental Protection Act 1990 (c. 43) (duty to make waste

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recycling plan) so far as having effect in relation to a local authority that

includes the content of its recycling plan in such a statement;

           (m)           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.

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     (3)    In this section—

           (a)           “local authority” means a county council, or county borough council, in

Wales, and

           (b)           references to the content of a local authority’s waste recycling plan are

to the content of the statement prepared by it under section 49(1)(c) of

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the Environmental Protection Act 1990, read with any modifications

under section 49(1)(e) of that Act.

 30    Provision of information about waste by local authorities

     (1)    The National Assembly for Wales may by regulations make provision

requiring a local authority to provide the Assembly with information—

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           (a)           of a description specified by the regulations, and

 

 

Waste and Emissions Trading Bill [HL]
Part 1 — Waste
Chapter 3 — General

    20

 

           (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

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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

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specified in directions given by the Assembly.

     (3)    In this section “local authority” means a county council, or county borough

council, in Wales.

Chapter 3

General

15

 31    Regulations under Part 1

     (1)    Any power to make regulations under this Part includes—

           (a)           power to make different provision for different cases, and

           (b)           power to make incidental, supplementary, consequential or

transitional provision or savings.

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     (2)    Any power to make regulations under this Part is exercisable by statutory

instrument, subject to subsection (3).

     (3)    Any power of the Department of the Environment to make regulations under

this Part is exercisable by statutory rule for the purposes of the Statutory Rules

(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

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 32    Meaning of “waste” in Part 1

     (1)    In this Part “waste” means anything that—

           (a)           is waste for the purposes of the Waste Directive, and

           (b)           is not excluded from the scope of that Directive by Article 2 of that

Directive.

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     (2)    For the purposes of this section “the Waste Directive” means Council Directive

75/442/EEC as amended by—

           (a)           Council Directives 91/156/EEC and 91/692/EEC, and

           (b)           Commission Decision 96/350/EC.

 

 

Waste and Emissions Trading Bill [HL]
Part 3 — General

    21

 

Part 2

Trading of emissions quotas

 33    Pollution regulations: emissions trading schemes

In Schedule 1 to the Pollution Prevention and Control Act 1999 (c. 24)

(purposes for which provision may be made by regulations under section 2),

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after paragraph 21 there is inserted—

“Emissions quota trading schemes: penalties

        21A               (1)                The regulations may authorise the inclusion in a trading scheme of—

                    (a)                   provision for penalties in respect of contraventions of

provisions of the scheme;

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                    (b)                   provision for the amount of any penalty under the scheme to

be such as may be set out in, or calculated in accordance

with—

                           (i)                          the scheme, or

                           (ii)                         the regulations (including regulations made after the

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scheme).

                       (2)                In this paragraph “trading scheme” means a scheme of the kind

mentioned in paragraph 1(3).”

 34    Penalty provisions of UK Greenhouse Gas Emissions Trading Scheme 2002

     (1)    If incorporated in a participation agreement, the penalty provisions of the

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Scheme shall have statutory effect between the parties to the agreement.

     (2)    Subsection (1) applies in relation to agreements entered into before, as well as

in relation to agreements entered into after, this section comes into force.

     (3)    In that subsection—

                    “participation agreement” means an agreement that has the effect that a

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person is a participant in the Scheme;

                    “penalty provisions” means provisions for penalties for non-compliance

with the Scheme;

                    “the Scheme” means the UK Greenhouse Gas Emissions Trading Scheme

2002 (which was made on behalf of the Secretary of State on 8th March

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2002) as amended from time to time (whether before or after this section

comes into force).

Part 3

General

 35    Commencement

35

     (1)    Sections 1 to 3, 17 and 34 come into force on such day as the Secretary of State

may by order appoint.

     (2)    Sections 4, 5, 9 and 10 come into force—

           (a)           in relation to England, on such day as the Secretary of State may by

order appoint;

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