PART 5SUPPLEMENTARY PROVISION

CHAPTER 2NON-DISPOSAL AREAS

55Designation 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.