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The Landfill Allowances Scheme (Scotland) Regulations 2005

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Obligation for operators of landfills to keep records and make returns

12.—(1) An operator of a landfill must, if required to do so by the monitoring authority, keep records containing the following information for each scheme year–

(a)the amount by weight of each load of municipal waste accepted at the landfill;

(b)the description of, and the appropriate code in the European Waste Catalogue for, the waste;

(c)the area in which the municipal waste originated and the waste disposal authority for that area;

(d)any treatment applied to the waste at the landfill before it was landfilled.

(2) The records under paragraph (1) must be kept for a period of 3 years beginning on the day after the day on which the reconciliation period for the scheme year ends.

(3) An operator of a landfill must, if requested to do so by the monitoring authority, submit to that authority a return in such form as is specified in the request containing the information in paragraph (1) for each scheme year within 3 months of the end of that scheme year.

(4) The monitoring authority, or a person authorised in writing by the monitoring authority, may by notice require an operator of a landfill to produce for inspection or for removal for inspection elsewhere, records the operator is required to keep under paragraph (1), in such form, at such reasonable place and within such reasonable time as is specified in the notice.

(5) The monitoring authority, or a person authorised in writing by the monitoring authority, may make copies of records produced under paragraph (4).

(6) A person authorised in writing by the monitoring authority may enter at any reasonable time (and, if need be, by reasonable force) premises other than premises used as a dwelling, occupied by a person concerned in the operation of a landfill for the purposes of–

(a)finding records which are required to be kept under paragraph (1),

(b)inspecting them or removing them for inspection elsewhere,

(c)copying them.

(7) A person entering any premises under paragraph (6), may be accompanied by–

(a)any other person duly authorised by the monitoring authority;

(b)if the authorised person has reasonable cause to apprehend any serious obstruction in gaining entry to the premises, a constable;

(c)any equipment or materials required for any purpose for which the power of entry is being exercised.

(8) The power of the monitoring authority, or a person authorised by the monitoring authority, under paragraphs (5) to (7) includes power to require any person to afford to them such reasonable facilities and assistance–

(a)within the person’s control, or

(b)in relation to which the person has responsibilities,

as are necessary to enable the monitoring authority or an authorised person to exercise the power.

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