Waste targets

I13Recycling, preparation for re-use and composting targets

1

The recycling, preparation for re-use and composting targets are specified in subsections (2) and (3).

2

A local authority must secure the recovery, by means of any of the operations specified in subsection (5), of at least the target amount of its municipal waste from–

a

each target financial year, and

b

each subsequent financial year until the next target financial year.

3

In the following table–

a

column 1 specifies the target amount for a target financial year (and the financial years falling within subsection (2)(b)), and

b

column 2 specifies the target financial year to which the target amount in the corresponding entry in column 1 applies.

TABLE

Target amount

Target financial year

52%

2012/13

58%

2015/16

64%

2019/20

70%

2024/25

4

The Welsh Ministers may amend this table by order.

5

The operations referred to in subsection (2) are–

a

recycling;

b

preparation for re-use;

c

composting (including any other form of transformation by biological processes).

6

The Welsh Ministers may make provision by order for establishing whether waste is recycled, prepared for re-use, or composted for the purposes of the targets under this section.

7

A local authority that does not meet a recycling, preparation for re-use and composting target is liable to a penalty to be paid to the Welsh Ministers.

8

For the purposes of this section, a local authority's municipal waste from a target financial year is the total amount by weight of each of the following–

a

all waste collected in that year by a local authority under section 45 of the Environmental Protection Act 1990;

b

all waste deposited in that year at places provided by a local authority under subsections (1)(b) and (3) of section 51 of that Act;

c

such other waste as may be specified by order of the Welsh Ministers.

9

In this section, “financial year” means a period of 12 months ending on 31 March.

4Regulations to set waste targets

1

The Welsh Ministers may by regulations–

a

specify waste targets to be met by a local authority in exercising its functions;

b

specify indicators by reference to which a local authority's achievement of targets under paragraph (a) can be measured;

c

impose liability on a local authority to pay a penalty to the Welsh Ministers if a target under paragraph (a) is not met.

2

For the purposes of subsection (1)(a), “waste targets” are targets relating to preventing, reducing, collecting, managing, treating or disposing of waste.

5Monitoring and auditing compliance with targets

1

The Welsh Ministers may make provision by regulations–

a

about how compliance with any relevant target is to be assessed;

b

about arrangements for monitoring and auditing compliance with any relevant target;

c

conferring powers of entry and inspection in connection with such monitoring and auditing for persons authorised by the Welsh Ministers;

d

requiring the maintenance of records by a local authority in connection with relevant targets;

e

requiring the provision of information by a local authority to specified persons in a specified form or manner in connection with relevant targets;

f

requiring the publication of information in connection with relevant targets;

g

imposing liability on a local authority to pay a penalty if it fails to comply with a requirement in regulations under any of paragraphs (b) to (f).

2

In this section, “relevant targets” are–

a

the recycling, preparation for re-use and composting targets under section 3;

b

any waste targets under section 4(1)(a).

6Regulations about penalties

1

This section applies to penalties under section 3(7), section 4(1)(c) and section 5(1)(g).

2

The Welsh Ministers may by regulations–

a

specify the amounts of penalties or rules for calculating their amounts;

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 and interest;

e

make provision about waiver of penalties.

7Guidance

In exercising its functions under sections 3 to 6 a local authority must have regard to guidance given from time to time by the Welsh Ministers.

8Consultation

1

Before making an order or regulations under section 3 or regulations under sections 4, 5 or 6, or giving guidance under section 7, the Welsh Ministers must consult the following–

a

F1the Natural Resources Body for Wales;

b

each local authority;

c

such other persons as the Welsh Ministers consider appropriate.

2

For the purposes of subsection (1), consultation undertaken before the passing of this Measure has effect as if undertaken after that passing.