The Landfill Tax (Amendment) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 1st February 2002, amend the Landfill Tax Regulations 1996 to provide that the temporary holding of material pending its use for site restoration purposes at the landfill site at which the disposal was made, or pending it being sorted, is not a taxable disposal. They also correct a drafting error.

Regulation 3 corrects a drafting error made by the Landfill Tax (Amendment) Regulations 1999 (SI 1999/3270).

Regulation 4 amends the definition of “qualifying use” in regulation 38 to include the use of material for site restoration purposes and the sorting of material. It also inserts a definition of when material is used for site restoration purposes and amends the definition of “relevant period” to provide that, where the qualifying use is site restoration, the period within which the material must be used is three years commencing with the date of disposal or such other period as the Commissioners of Customs and Excise may approve or direct.

Regulation 5 amends regulation 39 to provide that the use of material by way of site restoration, or the sorting of material, has to be recorded in the temporary disposal record in order for the disposal to be treated as an exempt disposal.