Landfill Disposals Tax (Wales) Act 2017

55 Designation of non-disposal area

(1) WRA may designate a part of an authorised landfill site in Wales as a non-disposal area by issuing a notice to the operator of the site.

(2) A notice designating a non-disposal area must specify—

(a) the authorised landfill site to which it relates,

(b) the boundaries of the area that it designates, and

(c) the date on which the designation of the area takes effect.

(3) The notice—

(a) must specify the descriptions of material that must be deposited in the non-disposal area,

(b) may specify descriptions of material that must not be deposited in the area,

(c) must require the weight of any material that is deposited in or removed from the area to be determined using a method specified in the notice,

(d) may specify a maximum amount of material that may be kept in the area,

(e) must specify the landfill site activities that may be carried out in the area, and

(f) must specify the maximum period for which material may be kept in the area.

(4) The provision made by the notice under subsection (3) may include—

(a) provision that is subject to conditions or exceptions, and

(b) different provision for different cases (including different descriptions of material).

(5) WRA may vary or cancel a designation under this section by issuing a further notice to the operator of the site.

(6) A notice varying or cancelling a designation—

(a) must set out the details of the variation or cancellation,

(b) must specify the date on which it takes effect, and

(c) may specify steps that the operator is required or permitted to take in connection with the variation or cancellation.

(7) WRA may make, vary or cancel a designation under this section—

(a) on the application of the operator of the authorised landfill site to which the designation relates, or

(b) on its own initiative.

(8) An application for a designation, variation or cancellation must be made in writing.

(9) If WRA refuses an application, it must issue a notice of its decision to the operator of the authorised landfill site.

(10) Regulations may amend this section to make further or different provision about the contents of a notice issued under this section.