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;

  • F1disposal” 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;

  • F3European 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;

  • F2recovery” 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–

    1. a

      the monitoring authority;

    2. b

      the Scottish Ministers;

  • “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–

    1. a

      different scheme years, the chronological order in which those allowances were allocated;

    2. b

      for the same scheme year, the order in which those landfill allowances were allocated for that year; and

  • “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.