Explanatory Note
(This note is not part of the Order)
Section 3 of The Waste (Wales) Measure 2010 (“the Measure”) establishes statutory targets for the percentage of a local authority’s municipal waste which must be recycled, prepared for re-use and composted (“the targets”). The Measure imposes liability on a local authority to a financial penalty if it fails to meet a target.
These Regulations supplement the Measure, by making detailed provision for the monitoring and enforcement of the targets.
Part 2 of these Regulations concerns monitoring.
Regulation 3 appoints the Environment Agency as the monitoring authority for the targets.
Regulation 4 requires a local authority to collect information and to maintain records about municipal waste.
Regulation 5 requires a local authority to submit returns using the WasteDataFlow system, containing all the information it is required to collect and record under regulation 4.
Regulation 6 provides a power to the Welsh Ministers and the monitoring authority to, by notice, require further information from a local authority.
Regulation 7 requires the monitoring authority to validate the information supplied to it by local authorities.
Regulation 8 requires the monitoring authority to provide the information it has obtained in the course of exercising its functions under regulation 3 to the Welsh Ministers to allow them to assess compliance with the targets. It also requires the monitoring authority to prepare a report for the Welsh Ministers.
Part 3 of these Regulations concerns penalties.
Regulation 9 allows the Welsh Ministers to waive a penalty.
Regulation 10 sets the amount of financial penalty that a local authority is liable to if it does not comply with the obligation set out in section 3(2) of the Measure.
Regulation 11 sets the amount of financial penalty that a local authority is liable to if it fails to comply with requirements under these Regulations.
Regulation 12 makes general provision about penalties.