Waste targets
3Recycling, 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.
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
the Environment Agency;
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.