The Landfill Allowances Scheme (Wales) Regulations 2004

Interpretation

2.—(1) In these Regulations—

“the Act” (“y Ddeddf”) means the Waste and Emissions Trading Act 2003;

“the Assembly” (“y Cynulliad”) means the National Assembly for Wales;

“collected municipal waste” (“gwastraff trefol a gasglwyd”) means municipal waste which comes into the possession or under the control of—

(i)

a waste collection authority, or

(ii)

a waste disposal authority

whether or not the waste is in possession or under the control of that authority under or by virtue of the Environmental Protection Act 1990(1);

“electronic communication” (“cyfathrebiad electronig”) has the same meaning as in section 15(1) of the Electronic Communications Act 2000(2);

“European Waste Catalogue” (“Catalog Gwastraff Ewropeaidd”) means the list of wastes established pursuant to Commission Decision 2000/532/EC(3);

“reconciliation period” (“cyfnod cysoni”) means the period of 3 months following the end of each scheme year;

“relevant authority” (“awdurdod perthnasol”) means—

(a)

the monitoring authority, and

(b)

the Assembly;

“waste collection authority” (“awdurdod casglu gwastraff”) means a County or County Borough Council acting in pursuance of functions conferred on it as a waste collection authority;

“waste disposal authority” (“awdurdod gwaredu gwastraff”) means a County or County Borough Council acting in pursuance of functions conferred on it as a waste disposal authority;

“waste facility” (“cyfleuster gwastraff”) means a facility for the disposal or recovery of waste other than a landfill; for the purposes of this definition, “disposal” and “recovery” have the same meaning as in Article 1(e) and (f) of Council Directive 75/442/EEC on waste(4).

(2) In these Regulations —

(a) references to an amount of waste are references to an amount of waste by tonnage; and

(b) references to waste being sent by a waste disposal authority to landfill or a waste facility are references to waste being sent to such a landfill or facility in pursuance of arrangements made by the authority.

(1)

1990 c. 43

(2)

2000 c. 7.

(3)

OJ L 226, 6.9.2000, p.3, as amended by Commission Decisions 2001/118/EC (OJ L 47, 16.2.2001, p.1), and 2001/119/EC (OJ L 47, 16.2.2001, p.32) and Council Decision 2001/573/EC (OJ L 203, 28.7.2001, p.18).

(4)

OJ L 194, 25.7.1975, p.39; as amended by Council Directive 91/156/EEC (OJ L 78, 26.3.1991, p.32) and Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p.32).