The Landfill Allowances Scheme (Northern Ireland) Regulations 2004

Suspension of borrowing and transferring of landfill allowances

8.—(1) The Department may suspend any or all district councils from borrowing and transferring landfill allowances if it considers –

(a) in a scheme year between target years that there is a risk that the total amount of biodegradable municipal waste sent to landfills by district councils in Northern Ireland will exceed the maximum amount for Northern Ireland which is specified under (or pursuant to section 3(1) of the Act is treated as having been specified under) section 2(1)(d) of the Act, or

(b) it necessary to exercise its power under section 5 of the Act (alteration of allocations under section 4).

(2) The Department may suspend a district council from borrowing and transferring landfill allowances if it has reason to believe that –

(a) the district council has failed to comply with –

(i) its duty under section 9 of the Act (duty not to exceed allowances), or

(ii) any requirement under these Regulations; or

(b) an unauthorised person may attempt, or has attempted to, submit a borrowing or transfer request to the monitoring authority on behalf of the district council.

(3) If the Department suspends a district council from borrowing and transferring landfill allowances under paragraph (1) or (2), at the same time it must notify the monitoring authority and the district council of –

(a) that fact, and

(b) the reasons for the suspension.

(4) The Department may cancel a suspension if in any case falling within –

(a) paragraph (1)(a), the Department is satisfied that there is no significant continuing risk that the total amount of biodegradable municipal waste sent to landfills by district councils in Northern Ireland will exceed the maximum amount mentioned in that paragraph;

(b) paragraph (1)(b) –

(i) the allocation of landfill allowances has been altered, or

(ii) the Department no longer considers that an alteration is necessary;

(c) paragraph (2)(a), the Department is satisfied that the failure to comply is unlikely to recur;

(d) paragraph (2)(b), the Department is satisfied that there is no further risk of the unauthorised submission of a borrowing or transfer request.

(5) If the Department cancels a suspension under paragraph (4), at the same time it must notify the monitoring authority and any district council which, as a consequence, is no longer suspended from borrowing and transferring landfill allowances of –

(a) that fact, and

(b) the reasons for cancelling the suspension.

(6) The effect of suspending a district council from borrowing and transferring landfill allowances is that no landfill allowances may be –

(a) transferred to or from the district council’s landfill allowance account under regulation 7,

(b) borrowed within that account under regulation 6.

(7) In paragraph (2)(b) “unauthorised person” means a person who is not authorised by a district council to submit borrowing or transfer requests on the district council’s behalf.