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There are currently no known outstanding effects for the Waste and Emissions Trading Act 2003, Section 5.
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(1)An authority that has made an allocation under section 4 may at any time alter the allocation, subject to subsections (2) and (3).
(2)The power under subsection (1) does not extend to withdrawing an allowance that has already been utilised.
[F1(3)In exercising the power under subsection (1), an authority must ensure that the total amount of waste authorised to be sent to landfills by allowances allocated by it for a year does not cause the amount of biodegradable municipal waste sent to landfills for that year to exceed the amount specified for its area under section 1 or 2.]
(4)As soon as an authority has exercised the power under subsection (1), it must publish a statement—
(a)detailing the alteration, and
(b)explaining the basis of it [F2including in particular how the authority has complied with the duty in subsection (3)].
Textual Amendments
F1S. 5(3) substituted (21.11.2011) by The Waste and Emissions Trading Act 2003 (Amendment) Regulations 2011 (S.I. 2011/2499), regs. 1(2), 5(a)
F2Words in s. 5(4)(b) inserted (21.11.2011) by The Waste and Emissions Trading Act 2003 (Amendment) Regulations 2011 (S.I. 2011/2499), regs. 1(2), 5(b)
Commencement Information
I1S. 5 in force at 25.6.2004 for W. by S.I. 2004/1488, art. 2
I2S. 5 in force at 17.9.2004 for N.I. by S.R. 2004/399, art. 2(1)(b)
I3S. 5 in force at 3.12.2004 for E. by S.I. 2004/3181, art. 2(a)
I4S. 5 in force at 3.2.2005 for S. by S.S.I. 2005/52, art. 2(a)
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