Waste (Wales) Measure 2010

Waste targets

3 Recycling, preparation for re-use and composting targets

(1) The recycling, preparation for re-use and composting targets are specified in subsections (2) and (3).

(2) A local authority must secure the recovery, by means of any of the operations specified in subsection (5), of at least the target amount of its municipal waste from–

(a) each target financial year, and

(b) each subsequent financial year until the next target financial year.

(3) In the following table–

(a) column 1 specifies the target amount for a target financial year (and the financial years falling within subsection (2)(b)), and

(b) column 2 specifies the target financial year to which the target amount in the corresponding entry in column 1 applies.

TABLE

Target amount	Target financial year
52%	2012/13
58%	2015/16
64%	2019/20
70%	2024/25

(4) The Welsh Ministers may amend this table by order.

(5) The operations referred to in subsection (2) are–

(a) recycling;

(b) preparation for re-use;

(c) composting (including any other form of transformation by biological processes).

(6) The Welsh Ministers may make provision by order for establishing whether waste is recycled, prepared for re-use, or composted for the purposes of the targets under this section.

(7) A local authority that does not meet a recycling, preparation for re-use and composting target is liable to a penalty to be paid to the Welsh Ministers.

(8) For the purposes of this section, a local authority’s municipal waste from a target financial year is the total amount by weight of each of the following–

(a) all waste collected in that year by a local authority under section 45 of the Environmental Protection Act 1990;

(b) all waste deposited in that year at places provided by a local authority under subsections (1)(b) and (3) of section 51 of that Act;

(c) such other waste as may be specified by order of the Welsh Ministers.

(9) In this section, “financial year” means a period of 12 months ending on 31 March.

4 Regulations to set waste targets

(1) The Welsh Ministers may by regulations–

(a) specify waste targets to be met by a local authority in exercising its functions;

(b) specify indicators by reference to which a local authority’s achievement of targets under paragraph (a) can be measured;

(c) impose liability on a local authority to pay a penalty to the Welsh Ministers if a target under paragraph (a) is not met.

(2) For the purposes of subsection (1)(a), “waste targets” are targets relating to preventing, reducing, collecting, managing, treating or disposing of waste.

5 Monitoring and auditing compliance with targets

(1) The Welsh Ministers may make provision by regulations–

(a) about how compliance with any relevant target is to be assessed;

(b) about arrangements for monitoring and auditing compliance with any relevant target;

(c) conferring powers of entry and inspection in connection with such monitoring and auditing for persons authorised by the Welsh Ministers;

(d) requiring the maintenance of records by a local authority in connection with relevant targets;

(e) requiring the provision of information by a local authority to specified persons in a specified form or manner in connection with relevant targets;

(f) requiring the publication of information in connection with relevant targets;

(g) imposing liability on a local authority to pay a penalty if it fails to comply with a requirement in regulations under any of paragraphs (b) to (f).

(2) In this section, “relevant targets” are–

(a) the recycling, preparation for re-use and composting targets under section 3;

(b) any waste targets under section 4(1)(a).

6 Regulations about penalties

(1) This section applies to penalties under section 3(7), section 4(1)(c) and section 5(1)(g).

(2) The Welsh Ministers may by regulations–

(a) specify the amounts of penalties or rules for calculating their amounts;

(b) make provision as to when payments in respect of penalties are due;

(c) make provision for interest where payments in respect of penalties are due but unmade;

(d) make provision for recovering or setting off, and securing, unpaid amounts in respect of penalties and interest;

(e) make provision about waiver of penalties.

7 Guidance

In exercising its functions under sections 3 to 6 a local authority must have regard to guidance given from time to time by the Welsh Ministers.

8 Consultation

(1) Before making an order or regulations under section 3 or regulations under sections 4, 5 or 6, or giving guidance under section 7, the Welsh Ministers must consult the following–

(a) the Environment Agency;

(b) each local authority;

(c) such other persons as the Welsh Ministers consider appropriate.

(2) For the purposes of subsection (1), consultation undertaken before the passing of this Measure has effect as if undertaken after that passing.