PART 1General
InterpretationI12
1
In these Regulations–
“the Act” means the Waste and Emissions Trading Act 2003;
“collected municipal waste” means municipal waste which is recovered or disposed of in pursuance of arrangements made by a waste disposal authority or a waste collection authority;
F1“disposal” has the meaning given by regulation 2(1) of the Waste Management Licensing (Scotland) Regulations 2011;
“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 20003;
F3“European Waste Catalogue” means the list of wastes set out in Commission Decision 2000/532/EC establishing a list of wastes, as that instrument may be amended from time to time;
“landfill allowance account” means the landfill allowance account contained in the landfill allowances register under regulation 16(2);
“Landfill Directive” means Council Directive 99/31/EC on the landfill of waste6;
“operator of a landfill” means the person who has control over the operation of the landfill;
“reconciliation period” means the period of 6 months following the end of a scheme year;
F2“recovery” has the same meaning as in Article 3 of, and Annex II to, Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives, as amended by Commission Regulation (EU) 1357/2014 replacing Annex III to Directive 2008/98/EC;
“relevant authority” means–
- a
the monitoring authority;
- b
the Scottish Ministers;
- a
“scheme year” means a year beginning with 1st April in any of 2005 to 20197;
“treatment” has the same meaning as in section 22(4) of the Act;
“vintage” means in respect of landfill allowances allocated for–
- a
different scheme years, the chronological order in which those allowances were allocated;
- b
for the same scheme year, the order in which those landfill allowances were allocated for that year; and
- a
“waste facility” means a facility for the disposal or recovery of waste other than a landfill;.
2
In these Regulations references to waste being sent by a waste disposal authority to a 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.
3
In these Regulations a landfill allowance is available to a waste disposal authority for a scheme year if–
a
for the purposes of regulation 7 it has–
i
been allocated to the authority for that scheme year, and
ii
not subsequently been transferred or withdrawn;
b
for all other purposes it has been–
i
allocated to the authority for that scheme year, or
ii
banked, borrowed or transferred to that scheme year,
and not subsequently been banked, borrowed, transferred or withdrawn.