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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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Scheme operation and monitoring etc

 10    Monitoring authorities

     (1)    Each allocating authority must by regulations appoint a person to be the

monitoring authority for its area.

     (2)    The monitoring authority for an area shall—

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           (a)           monitor the operation in the area of the provisions of this Chapter

relating to landfill allowances and, in particular, monitor how much

biodegradable municipal waste is sent to landfills in pursuance of

arrangements made by waste disposal authorities in the area;

           (b)           audit the performance of waste disposal authorities in the area in

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complying with their obligations under this Chapter;

           (c)           comply with any directions by the allocating authority for the area as to

the supply to the allocating authority of information acquired by the

monitoring authority in carrying out any of its functions under this

Chapter;

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           (d)           without delay notify the allocating authority for the area of any case

where it appears to the monitoring authority that a waste disposal

authority in the area is or may be liable to a penalty under this Chapter;

           (e)           comply with any directions by the allocating authority for the area as to

the supply to the allocating authority of information or evidence in

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connection with any case where it appears to the allocating authority or

the monitoring authority that a waste disposal authority in the area is

or may be liable to a penalty under this Chapter;

           (f)           co-operate with the monitoring authority for any other area.

 11    Scheme regulations

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     (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)—

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

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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

allowances;

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           (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

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

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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

the regulations (including future guidance);

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

monitoring authority for the area.

 

 

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

    9

 

     (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

penalty.

 12    Powers in relation to waste disposal authorities

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

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biodegradable municipal waste to landfills, by regulations make provision for

requiring waste disposal authorities in its area to—

           (a)           maintain prescribed records;

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

prescribed waste;

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

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

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

authority—

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

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inspection or for removal for inspection elsewhere, records they are

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

           (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

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to landfills;

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

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

supplied;

           (d)           to copy records that are produced.

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     (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.

 13    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;

 

 

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

    10

 

           (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

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

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

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

and

                  (iii)               copying them;

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

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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—

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

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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—

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

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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

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

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

that subsection.

 14    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.

 

 

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

    11

 

     (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).

 15    Monitoring information: registers

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

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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—

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

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

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

 16    Registers: public access

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

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

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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;

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

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information in the register that is open to public inspection under

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

charges.

Strategies for reducing landfilling of biodegradable waste

 17    Strategy for England

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

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

and

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

landfills in England.

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     (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

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

recovery or energy recovery.

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     (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

Department of the Environment, the Environment Agency and the

Mayor of London,

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

the interests of local government as he considers appropriate,

 

 

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

    12

 

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

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).

5

     (6)    The Secretary of State must, as soon as a statement is prepared for the purposes

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.

10

     (7)    Where subsection (1) is satisfied by policies set out in a statement under section

44A of the Environmental Protection Act 1990 (c. 43) (national waste strategy),

if the statement was prepared before the coming into force of that subsection it

does not matter that the policies were not formulated for the purposes of that

subsection.

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

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 17 of the Waste and

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Emissions Trading Act 2003 (landfill strategy for

England),” and

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

strategies (or either of them)”.

     (9)    In section 354(2)(b) of that Act (directions about content of Mayor’s municipal

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waste management strategy given for purposes of implementing policies in

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

policies contained in the strategy required by section 17 of the Waste and

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

 18    Strategy for Scotland

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     (1)    The Scottish Ministers must have a strategy for reducing—

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

and

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

landfills in Scotland.

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

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

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

achieve the targets by means of recycling, composting, biogas production,

materials recovery or energy recovery.

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

Ministers must—

           (a)           consult the Secretary of State, the National Assembly for Wales, the

Department of the Environment and the Scottish Environment

Protection Agency,

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

    13

 

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

of the interests of local government as they consider appropriate,

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

of the interests of industry as they consider appropriate, and

           (d)           carry out such public consultation as they consider appropriate.

5

     (5)    The Scottish Ministers must set out in a statement any policy formulated for the

purposes of subsection (1).

     (6)    The Scottish Ministers must, as soon as a statement is prepared for the

purposes of subsection (5), send a copy of it to—

           (a)           the Secretary of State,

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           (b)           the National Assembly for Wales, and

           (c)           the Department of the Environment.

     (7)           Where subsection (1) is satisfied by policies set out in a statement prepared

before the coming into force of that subsection, it does not matter that the

policies were not formulated for the purposes of that subsection.

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     (8)    Subsection (4) may be satisfied by consultation before, as well as by

consultation after, the coming into force of this section.

 19    Strategy for Wales

     (1)    The National Assembly for Wales must have a strategy for reducing—

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

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and

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

landfills in Wales.

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

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

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

achieve the targets by means of recycling, composting, biogas production,

materials recovery or energy recovery.

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

must—

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           (a)           consult the Secretary of State, the Scottish Ministers, the Department of

the Environment and the Environment Agency,

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

the interests of local government as it considers appropriate,

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

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the interests of industry as it considers appropriate, and

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

     (5)    The Assembly must set out in a statement any policy formulated for the

purposes of subsection (1).

     (6)    The Assembly must, as soon as a statement is prepared for the purposes of

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subsection (5), send a copy of it to—

           (a)           the Secretary of State,

           (b)           the Scottish Ministers, and

           (c)           the Department of the Environment.

 

 

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

    14

 

     (7)    Where subsection (1) is satisfied by policies set out in a statement under section

44A of the Environmental Protection Act 1990 (c. 43) (national waste strategy),

if the statement was prepared before the coming into force of that subsection it

does not matter that the policies were not formulated for the purposes of that

subsection.

5

 20    Strategy for Northern Ireland

     (1)    The Department of the Environment must have a strategy for reducing—

           (a)           the amount of biodegradable waste from Northern Ireland that goes to

landfills, and

           (b)           the amount of biodegradable waste from outside Northern Ireland that

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goes to landfills in Northern Ireland.

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

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

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

achieve the targets by means of recycling, composting, biogas production,

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materials recovery or energy recovery.

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

must—

           (a)           consult the Secretary of State, the Scottish Ministers and the National

Assembly for Wales,

20

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

the interests of local government as it considers appropriate,

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

the interests of industry as it considers appropriate, and

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

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     (5)    The Department must set out in a statement any policy formulated for the

purposes of subsection (1).

     (6)    The Department must, as soon as a statement is prepared for the purposes of

subsection (5), send a copy of it to—

           (a)           the Secretary of State,

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           (b)           the Scottish Ministers, and

           (c)           the National Assembly for Wales.

     (7)           Where subsection (1) is satisfied by policies set out in a statement prepared

before the coming into force of that subsection, it does not matter that the

policies were not formulated for the purposes of that subsection.

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     (8)           Subsection (4) may be satisfied by consultation before, as well as by

consultation after, the coming into force of this section.

Interpretation of Chapter 1

 21    “Biodegradable waste” and “municipal waste”

     (1)    In this Chapter “biodegradable waste” means any waste that is capable of

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undergoing anaerobic or aerobic decomposition, such as—

                    food and garden waste, and

                    paper and paperboard.

 

 

 
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