- Latest available (Revised)
- Original (As enacted)
Waste and Emissions Trading Act 2003
You are here:
- 2003 c. 33
- Part 1
- Chapter 1
- Strategies for reducing landfilling of biodegradable waste
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this cross heading contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Waste and Emissions Trading Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Commencement Orders yet to be applied to the Waste and Emissions Trading Act 2003:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2004/1163 art. 2 commences (2003 c. 33)
- S.I. 2004/1488 art. 2 commences (2003 c. 33)
- S.I. 2004/1874 art. 2 commences (2003 c. 33)
- S.I. 2004/3181 art. 2 commences (2003 c. 33)
- S.I. 2004/3192 art. 2 commences (2003 c. 33)
- S.I. 2004/3319 art. 2 commences (2003 c. 33)
- S.I. 2004/3320 art. 2 commences (2003 c. 33)
- S.I. 2004/3321 art. 2 commences (2003 c. 33)
- S.S.I. 2005/52 art. 2 commences (2003 c. 33)
- S.R. 2004/399 art. 2 commences (2003 c. 33)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2006/3201 art. 2 Commencement Order
- S.I. 2008/917 art. 2-5 commences (2007 c. 28)
- S.R. 2006/428 art. 2 3 commences (S.I. 2006/1459 (N.I.))
Prospective
Strategies for reducing landfilling of biodegradable wasteE+W+S+N.I.
17Strategy for EnglandE+W
(1)The Secretary of State must have a strategy for reducing—
(a)the amount of biodegradable waste from England that goes to landfills, and
(b)the amount of biodegradable waste from outside England that goes to landfills in England.
(2)The strategy required by subsection (1) must (in particular) include measures to achieve the targets specified for England under sections 1 and 2.
(3)The measures mentioned in subsection (2) include (in particular) measures to achieve the targets by recycling, composting, biogas production, materials recovery or energy recovery.
(4)Before formulating policy for the purposes of subsection (1), the Secretary of State must—
(a)consult the Scottish Ministers, the National Assembly for Wales, the Department of the Environment, the Environment Agency and the Mayor of London,
(b)consult such bodies or persons appearing to him to be representative of the interests of local government as he considers appropriate,
(c)consult such bodies or persons appearing to him to be representative of the interests of industry as he considers appropriate, and
(d)carry out such public consultation as he considers appropriate.
(5)The Secretary of State must set out in a statement any policy formulated for the purposes of subsection (1).
(6)The Secretary of State must, as soon as a statement is prepared for the purposes of subsection (5), send a copy of it to—
(a)the Scottish Ministers,
(b)the National Assembly for Wales, and
(c)the Department of the Environment.
(7)Where subsection (1) is satisfied by policies set out in a statement under section 44A of the Environmental Protection Act 1990 (c. 43) (national waste strategy), if the statement was prepared before the coming into force of that subsection it does not matter that the policies were not formulated for the purposes of that subsection.
(8)In section 353(4) of the Greater London Authority Act 1999 (c. 29) (Mayor’s duty to have regard to national waste strategy, and guidance relating to it, when preparing his municipal waste management strategy)—
(a)before the word “and” at the end of paragraph (a) there is inserted—
“(aa)the strategy required by section 17 of the Waste and Emissions Trading Act 2003 (landfill strategy for England),” and
(b)in paragraph (b), for “that strategy” there is substituted “ those strategies (or either of them) ”.
(9)In section 354(2)(b) of that Act (directions about content of Mayor’s municipal waste management strategy given for purposes of implementing policies in national waste strategy), after “(national waste strategy)” there is inserted “ or of the policies contained in the strategy required by section 17 of the Waste and Emissions Trading Act 2003 (landfill strategy for England) ”.
18Strategy for ScotlandS
(1)The Scottish Ministers must have a strategy for reducing—
(a)the amount of biodegradable waste from Scotland that goes to landfills, and
(b)the amount of biodegradable waste from outside Scotland that goes to landfills in Scotland.
(2)The strategy required by subsection (1) must (in particular) include measures to achieve the targets specified for Scotland under sections 1 and 2.
(3)The measures mentioned in subsection (2) include (in particular) measures to achieve the targets by means of recycling, composting, biogas production, materials recovery or energy recovery.
(4)Before formulating policy for the purposes of subsection (1), the Scottish Ministers must—
(a)consult the Secretary of State, the National Assembly for Wales, the Department of the Environment and the Scottish Environment Protection Agency,
(b)consult such bodies or persons appearing to them to be representative of the interests of local government as they consider appropriate,
(c)consult such bodies or persons appearing to them to be representative of the interests of industry as they consider appropriate, and
(d)carry out such public consultation as they consider appropriate.
(5)The Scottish Ministers must set out in a statement any policy formulated for the purposes of subsection (1).
(6)The Scottish Ministers must, as soon as a statement is prepared for the purposes of subsection (5), send a copy of it to—
(a)the Secretary of State,
(b)the National Assembly for Wales, and
(c)the Department of the Environment.
(7)Where subsection (1) is satisfied by policies set out in a statement prepared before the coming into force of that subsection, it does not matter that the policies were not formulated for the purposes of that subsection.
(8)Subsection (4) may be satisfied by consultation before, as well as by consultation after, the coming into force of this section.
19Strategy for WalesE+W
(1)The National Assembly for Wales must have a strategy for reducing—
(a)the amount of biodegradable waste from Wales that goes to landfills, and
(b)the amount of biodegradable waste from outside Wales that goes to landfills in Wales.
(2)The strategy required by subsection (1) must (in particular) include measures to achieve the targets specified for Wales under sections 1 and 2.
(3)The measures mentioned in subsection (2) include (in particular) measures to achieve the targets by means of recycling, composting, biogas production, materials recovery or energy recovery.
(4)Before formulating policy for the purposes of subsection (1), the Assembly must—
(a)consult the Secretary of State, the Scottish Ministers, the Department of the Environment and the Environment Agency,
(b)consult such bodies or persons appearing to it to be representative of the interests of local government as it considers appropriate,
(c)consult such bodies or persons appearing to it to be representative of the interests of industry as it considers appropriate, and
(d)carry out such public consultation as it considers appropriate.
(5)The Assembly must set out in a statement any policy formulated for the purposes of subsection (1).
(6)The Assembly must, as soon as a statement is prepared for the purposes of subsection (5), send a copy of it to—
(a)the Secretary of State,
(b)the Scottish Ministers, and
(c)the Department of the Environment.
(7)Where subsection (1) is satisfied by policies set out in a statement under section 44A of the Environmental Protection Act 1990 (c. 43) (national waste strategy), if the statement was prepared before the coming into force of that subsection it does not matter that the policies were not formulated for the purposes of that subsection.
20Strategy for Northern IrelandN.I.
(1)The Department of the Environment must have a strategy for reducing—
(a)the amount of biodegradable waste from Northern Ireland that goes to landfills, and
(b)the amount of biodegradable waste from outside Northern Ireland that goes to landfills in Northern Ireland.
(2)The strategy required by subsection (1) must (in particular) include measures to achieve the targets specified for Northern Ireland under sections 1 and 2.
(3)The measures mentioned in subsection (2) include (in particular) measures to achieve the targets by means of recycling, composting, biogas production, materials recovery or energy recovery.
(4)Before formulating policy for the purposes of subsection (1), the Department must—
(a)consult the Secretary of State, the Scottish Ministers and the National Assembly for Wales,
(b)consult such bodies or persons appearing to it to be representative of the interests of local government as it considers appropriate,
(c)consult such bodies or persons appearing to it to be representative of the interests of industry as it considers appropriate, and
(d)carry out such public consultation as it considers appropriate.
(5)The Department must set out in a statement any policy formulated for the purposes of subsection (1).
(6)The Department must, as soon as a statement is prepared for the purposes of subsection (5), send a copy of it to—
(a)the Secretary of State,
(b)the Scottish Ministers, and
(c)the National Assembly for Wales.
(7)Where subsection (1) is satisfied by policies set out in a statement prepared before the coming into force of that subsection, it does not matter that the policies were not formulated for the purposes of that subsection.
(8)Subsection (4) may be satisfied by consultation before, as well as by consultation after, the coming into force of this section.
Options/Help
Print Options
Print The Whole Act
Print The Whole Part
Print The Whole Chapter
Print This Cross Heading only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources