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Waste and Emissions Trading Act 2003

Territorial Application: Wales

11.Part 1 of the Act requires the National Assembly for Wales to have a national strategy for reducing the amount of biodegradable waste sent to landfills from Wales (section 19). Also, as the “allocating authority” for Wales, the Assembly is required to allocate allowances to waste disposal authorities in Wales (section 4) and, under Chapter 1 of Part 1 of the Act, has power to make regulations setting out the detailed requirements of how the landfill allowances scheme will operate in Wales. In England, Scotland and Northern Ireland, the functions of “allocating authority” are given, respectively, to the Secretary of State, the Scottish Ministers and the Department of the Environment for Northern Ireland.

12.Sections 29 and 30 apply to Wales only and provide the National Assembly of Wales with powers to require local authorities to have a strategy for the management of waste and to supply it with information about waste.

13.The National Assembly of Wales has a separate power of commencement for sections 4, 5, 9, 10, 19 and 35(c) (see section 40).

14.The provisions in Part 2 of the Act affect powers which the of the National Assembly does not currently exercise: section 38 extends regulation-making powers which at the date of writing have not been transferred to the National Assembly and section 39 relates to the existing non-statutory UK Emissions Trading Scheme which is administered by the Secretary of State in respect of the whole of the UK.

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