The Landfill Allowances and Trading Scheme (England) Regulations 2004

PART 4 Registers

Landfill allowances register

16.—(1) The monitoring authority must maintain a landfill allowances register.

(2) In relation to each waste disposal authority the landfill allowances register must contain—

(a) a landfill allowance account, and

(b) a transaction log.

(3) The landfill allowance account must record for each scheme year—

(a) the number and reference numbers of allowances allocated to the waste disposal authority under section 4 of the Act;

(b) any alteration of allocations under section 5 of the Act;

(c) the number and reference numbers of allowances banked, borrowed, or transferred to or from the account;

(d) the total number of allowances available to the authority;

(e) after the monitoring authority has complied with regulation 14(1)—

(i) the amount of biodegradable municipal waste sent to landfills by the authority,

(ii) the number of landfill allowances needed to authorise the sending to landfills of that amount; and

(f) after the monitoring authority has complied with regulation 15—

(i) the number and reference number of any allowances which have been utilised,

(ii) the number (if any) of landfill allowances which were available for the scheme year and were not utilised,

(iii) the amount (if any) in tonnes by which biodegradable waste sent to landfills by the waste disposal authority exceeded the landfill allowances available to the authority.

(4) The transaction log must detail the following information in relation to the allocation, banking, borrowing, transfer, and withdrawal of landfill allowances—

(a) the date that the transaction is included in the register;

(b) the reference numbers of the landfill allowances allocated, banked, borrowed, transferred or withdrawn;

(c) in the case of a transfer the waste disposal authorities involved; and

(d) in the case of any banking or borrowing, the year—

(i) for which the landfill allowances were originally allocated,

(ii) to which they have been banked or borrowed.

(5) At the end of the reconciliation period for a scheme year the landfill allowances register must record for that scheme year the total price (if any) paid by waste disposal authorities for the transfer of landfill allowances to that scheme year.

Penalties register

17.  The Secretary of State must maintain a penalties register which, in relation to each waste disposal authority, must contain the following information—

(a) any liability to a penalty under Chapter 1 of the Act;

(b) the amount of the penalty;

(c) if the Secretary of State notifies the authority of that amount under regulation 22(1)(b)—

(i) the date when payment of the penalty is due,

(ii) the amount of any interest incurred under regulation 22(3);

(d) confirmation of any decision to—

(i) extend the time for paying the whole or part of the penalty or any interest on it under section 26(1)(c)(i) of the Act;

(ii) relieve the waste disposal authority, in whole or in part, from liability to the penalty or any interest on it under section 26(1)(c)(ii) of the Act; and

(e) the date that any payment in respect of the penalty is made to the Secretary of State.

Amendment of information on registers

18.—(1) Where a relevant authority has reason to believe that any information on a register maintained by the authority is incorrect, the authority may amend the register so as to correct that information.

(2) Before a relevant authority amends a register under paragraph (1) it must—

(a) consult any waste disposal authority which would be affected by the amendment, and

(b) have regard to any representations made by a waste disposal authority.

(3) Where a relevant authority amends a register under paragraph (1) it must notify any waste disposal authority which is affected by the amendment of the amendment which has been made.

Availability of registers

19.  In relation to any register maintained under this Part a relevant authority must—

(a) make the register available for inspection by members of the public at its principal office free of charge at all reasonable times; and

(b) afford to members of the public, facilities for obtaining copies of entries in the register on payment of a reasonable charge.