Waste and Emissions Trading Act 2003 (c. 33)

Part 1 U.K. Waste

Chapter 1 U.K. Waste sent to landfills

Landfill targets U.K.

1 Target years U.K.

(1) The Secretary of State [F1 may] by regulations specify the maximum amount by weight of biodegradable municipal waste allowed, in each scheme year that is a target year, to be sent to landfills from each of—

(a) the United Kingdom,

(b) England,

(c) Scotland,

(d) Wales, and

(e) Northern Ireland.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The total of the amounts specified under subsection (1)(b) to (e) for a year must not exceed the amount specified under subsection (1)(a) for that year.

[F3 (4) The power under subsection (1)(a) is exercisable only with the agreement of the Scottish Ministers, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

(4A) The power under subsection (1)(c) is exercisable only with the agreement of the Scottish Ministers.

(4B) The power under subsection (1)(d) is exercisable only with the agreement of the Welsh Ministers.

(4C) The power under subsection (1)(e) is exercisable only with the agreement of the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.]

F4 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Word in s. 1(1) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 6(2)(a) (with reg. 7); 2020 c. 1, Sch. 5 para. 1(1)

F2 S. 1(2) omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 6(2)(b) (with reg. 7); 2020 c. 1, Sch. 5 para. 1(1)

F3 S. 1(4)-(4C) substituted for s. 1(4) (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 6(2)(c) (with reg. 7); 2020 c. 1, Sch. 5 para. 1(1)

F4 S. 1(5) omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 6(2)(d) (with reg. 7); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 S. 1 in force at 20.7.2004 by S.I. 2004/1874, art. 2

2 Non-target years U.K.

(1) The Secretary of State may by regulations specify the maximum amount by weight of biodegradable municipal waste allowed, in a scheme year that is not a target year, to be sent to landfills from—

(a) England;

(b) Scotland;

(c) Wales;

(d) Northern Ireland.

(2) The power under subsection (1)(b) is exercisable only with the agreement of the Scottish Ministers.

(3) The power under subsection (1)(c) is exercisable only with the agreement of the National Assembly for Wales.

(4) The power under subsection (1)(d) is exercisable only with the agreement of the Department of the Environment.

Commencement Information

I2 S. 2 in force at 20.4.2004 by S.I. 2004/1163, art. 2

3 Non-target years: default rules U.K.

(1) If—

(a) for England, Scotland, Wales or Northern Ireland no amount is specified under subsection (1) of section 2 for a year to which that subsection applies, and

(b) the year is followed (whether or not immediately) by a target year,

the following sections of this Chapter shall have effect as if for that year (“the default-rule year”) there had been specified under section 2(1) for that area the amount given by the formula set out in subsection (2).

(2) The formula is—

(3) The formula shall be applied in accordance with subsection (4) if there is no scheme year falling between—

(a) the last target year before the default-rule year, and

(b) the default-rule year,

for which an amount has been specified under section 2(1) for the area; otherwise the formula shall be applied in accordance with subsection (5).

(4) Where the formula is to be applied in accordance with this subsection—

• L is the amount specified under section 1 for the area for the year that is the last target year before the default-rule year,

• N is the amount specified under section 1 for the area for the year that is the first target year after the default-rule year,

• G is the number (if any) of scheme years falling between those target years,and

• B is the number (if any) of scheme years falling between—

  • (a) the earlier of those target years,and

  • (b) the default-rule year.

(5) Where the formula is to be applied in accordance with this subsection—

• L is the amount specified under section 2(1) for the area for the year that is the last scheme year before the default-rule year for which an amount has been specified for the area under section 2(1) (“the last fixed year”),

• N is the amount specified under section 1 for the area for the year that is the first target year after the default-rule year,

• G is the number (if any) of scheme years falling between the last fixed year and that target year, and

• B is the number (if any) of scheme years falling between the last fixed year and the default-rule year.

(6) For the purposes of subsections (3) and (4), the year ending with 16th July in 2004 shall be taken to be a target year for which the amount specified under section 1 for England, Scotland, Wales or Northern Ireland is such amount as may be specified in regulations made by the Secretary of State.

(7) The Secretary of State shall secure that an amount specified under subsection (6) is, or is a fair estimate of, the amount of biodegradable municipal waste sent to landfills from the area concerned in the year ending with 31st March 2001.

(8) Before making regulations under subsection (6), the Secretary of State shall consult the Scottish Ministers, the National Assembly for Wales and the Department of the Environment.

(9) Subsection (8) may be satisfied by consultation before, as well as by consultation after, the coming into force of this section.

Commencement Information

I3 S. 3 in force at 3.12.2004 by S.I. 2004/3192, art. 2