Waste and Emissions Trading Act 2003

Supplementary

25 Activities to which Chapter 1 does not apply

(1) References in this Chapter to sending biodegradable waste, or biodegradable municipal waste, to landfills do not include—

(a) the spreading of sludges (including sewage sludges and sludges resulting from dredging operations), or similar matter, on the soil for the purposes of fertilisation or improvement,

(b) the deposit of non-hazardous dredging sludges alongside small waterways from out of which they have been dredged,

(c) the deposit of non-hazardous sludges in surface water or in the bed or subsoil of surface water, or

(d) the deposit of unpolluted soil resulting from—

(i) prospecting for, or the extraction, treatment or storage of, mineral resources, or

(ii) the operation of quarries.

(2) For the purposes of this section, sludge is “non-hazardous” if it is not hazardous waste for the purpose of Council Directive 91/689/EEC.

26 Penalties under Chapter 1: general

(1) Where a waste disposal authority in an allocating authority’s area is liable to a penalty under this Chapter—

(a) the amount of the penalty is that specified by, or calculated under, regulations made by the allocating authority under subsection (3);

(b) the penalty, and any interest on it, is to be paid to the allocating authority; and

(c) the allocating authority may—

(i) extend the time for paying the whole or part of the penalty or any interest on it;

(ii) relieve the waste disposal authority, in whole or in part, from liability to the penalty or any interest on it.

(2) Relief under subsection (1)(c) may be given—

(a) in respect of an amount after (as well as before) it becomes due;

(b) in a particular case or in cases of a particular description;

(c) unconditionally or subject to conditions.

(3) An allocating authority may, as regards penalties under this Chapter to which waste disposal authorities in its area are liable, by regulations—

(a) make provision specifying 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 or interest.

(4) Provision under subsection (3) relating to supplementary penalties under section 9(3) or (4) in respect of waste sent to landfills in a scheme year may be made after the end of that year.

27 Regulations under Chapter 1: consultation

(1) This section applies to regulations under this Chapter, other than regulations under section 1, 2, 3 or 23.

(2) Before making regulations to which this section applies, an allocating authority shall (subject to subsection (4))—

(a) consult such bodies or persons appearing to it to be representative of the interests of waste disposal authorities in its area as it considers appropriate,

(b) consult such bodies or persons appearing to it to be representative of the interests of persons concerned in the operation of landfills in its area as it considers appropriate, and

(c) consult such bodies or persons appearing to it to be representative of any other affected persons as it considers appropriate.

(3) In subsection (2)(c) “affected person” means a person appearing to the allocating authority to be a person who will or may be affected by the regulations.

(4) The allocating authority need not consult as mentioned in paragraph (a) or (b) of subsection (2) if it appears to the authority that the interests mentioned in that paragraph will not be affected by the regulations.

(5) Subsection (2) may be satisfied by consultation before, as well as by consultation after, the coming into force of this section.

28 Regulations under Chapter 1: procedural provisions

(1) A statutory instrument that—

(a) contains regulations under this Chapter made by the Secretary of State, and

(b) is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) No affirmative-procedure regulations shall be made by the Secretary of State unless a draft of the statutory instrument containing the regulations (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

(3) A statutory instrument that—

(a) contains regulations under this Chapter made by the Scottish Ministers, and

(b) is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, the Scottish Parliament,

shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(4) No affirmative-procedure regulations shall be made by the Scottish Ministers unless a draft of the statutory instrument containing them (whether containing them alone or with other provisions) has been laid before, and approved by a resolution of, the Scottish Parliament.

(5) A statutory rule that—

(a) contains regulations under this Chapter made by the Department of the Environment, and

(b) is not subject to affirmative resolution within the meaning of section 41(4) of the 1954 Act,

shall be subject to negative resolution within the meaning of section 41(6) of that Act.

(6) A statutory rule that contains (whether alone or with other provisions) affirmative-procedure regulations made by the Department of the Environment shall be subject to affirmative resolution within the meaning of section 41(4) of the 1954 Act.

(7) In this section—

• “affirmative-procedure regulations” means—

  (a)

  regulations under section 1 or 2, and

  (b)

  the first regulations to be made under each of sections 6, 7 and 11 by each of the Secretary of State, the Scottish Ministers and the Department of the Environment;

• “the 1954 Act” means the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).