Waste and Emissions Trading Act 2003

6 Borrowing and banking of landfill allowances

(1) An allocating authority may by regulations make provision for a waste disposal authority in its area to utilise for a scheme year landfill allowances allocated to it for a different scheme year.

(2) Regulations under subsection (1) may not provide for—

(a) the utilisation for a target year of allowances not allocated for that year;

(b) the utilisation for a scheme year later than a target year of allowances allocated for a scheme year earlier than that target year;

(c) the utilisation for a scheme year earlier than a target year of allowances allocated for a scheme year later than that target year.

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

(a) make provision relating only to allowances allocated for specified scheme years;

(b) make provision for allowances allocated for a scheme year to be utilised for a different scheme year only if—

(i) that different scheme year is a specified scheme year;

(ii) specified conditions are satisfied;

(c) make provision for quantitative limits on inter-year utilisation of allowances;

(d) make provision authorising the allocating authority to suspend inter-year utilisation of allowances—

(i) whether indefinitely or for a fixed period, and

(ii) whether generally or to a limited extent;

(e) make provision for a person to carry out, in relation to inter-year utilisation of allowances, all or any of the functions of registrar and overseer;

(f) make provision imposing, or enabling the imposition of, requirements on waste disposal authorities to provide information in relation to their inter-year utilisation of allowances;

(g) make provision for an authority to be liable to a penalty if it fails to comply with a requirement imposed on it by or under provision of the kind mentioned in paragraph (f);

(h) make provision generally in connection with the administration or regulation of inter-year utilisation of allowances;

(i) make provision for the levying of fees and charges on persons engaged in inter-year utilisation of allowances;

(j) make provision creating offences for breaches of provisions of regulations under subsection (1).

(4) In subsection (3) “specified” means specified by, or determined in accordance with, regulations under subsection (1).