Search Legislation

Waste and Emissions Trading Act 2003

 Help about what version

What Version

 Help about opening options

Opening Options

Status:

This is the original version (as it was originally enacted).

13Powers in relation to landfill operators
This section has no associated Explanatory Notes

(1)An allocating authority may, for purposes connected with the sending of biodegradable municipal waste to landfills, by regulations make provision for requiring a person concerned in the operation of a landfill to—

(a)maintain prescribed records;

(b)gather prescribed information by carrying out prescribed operations on prescribed waste;

(c)make prescribed returns, or provide prescribed information or prescribed evidence, to prescribed persons.

(2)A person commits an offence if he fails to comply with a requirement imposed on him under subsection (1).

(3)An allocating authority may by regulations make provision enabling the monitoring authority for its area, or persons authorised by the monitoring authority—

(a)to require persons concerned in the operation of a landfill to produce records related to the operation of the landfill for inspection or for removal for inspection elsewhere;

(b)to specify the form in which, the place at which and the time at or by which records are to be produced;

(c)to copy records that are produced;

(d)to enter premises (with or without a constable, with any necessary equipment or material and, if need be, by force) for the purposes of—

(i)finding records relating to the operation of a landfill,

(ii)inspecting them or removing them for inspection elsewhere, and

(iii)copying them;

(e)to require persons to afford, to a person exercising any power conferred under paragraphs (a) to (d), such facilities and assistance within their control or in relation to which they have responsibilities as are necessary to enable the person to exercise the power.

(4)A person commits an offence if—

(a)he intentionally obstructs a person exercising a power conferred under subsection (3), or

(b)he fails to comply with a requirement imposed on him under that subsection.

(5)A person guilty of an offence under subsection (2) or (4)(a) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.

(6)A person guilty of an offence under subsection (4)(b) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7)In subsection (1) “prescribed” means prescribed by or under regulations under that subsection.

Back to top

Options/Help

Print Options

Close

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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.

Close

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
Close

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