Part 1Waste
Chapter 1Waste sent to landfills
Landfill allowances scheme
6Borrowing and banking of landfill allowances
1
An allocating authority may by regulations make provision for a waste disposal authority in its area to utilise for a scheme year landfill allowances allocated to it for a different scheme year.
2
Regulations under subsection (1) may not provide for—
a
the utilisation for a target year of allowances not allocated for that year;
b
the utilisation for a scheme year later than a target year of allowances allocated for a scheme year earlier than that target year;
c
the utilisation for a scheme year earlier than a target year of allowances allocated for a scheme year later than that target year.
3
Regulations under subsection (1) may (in particular)—
a
make provision relating only to allowances allocated for specified scheme years;
b
make provision for allowances allocated for a scheme year to be utilised for a different scheme year only if—
i
that different scheme year is a specified scheme year;
ii
specified conditions are satisfied;
c
make provision for quantitative limits on inter-year utilisation of allowances;
d
make provision authorising the allocating authority to suspend inter-year utilisation of allowances—
i
whether indefinitely or for a fixed period, and
ii
whether generally or to a limited extent;
e
make provision for a person to carry out, in relation to inter-year utilisation of allowances, all or any of the functions of registrar and overseer;
f
make provision imposing, or enabling the imposition of, requirements on waste disposal authorities to provide information in relation to their inter-year utilisation of allowances;
g
make provision for an authority to be liable to a penalty if it fails to comply with a requirement imposed on it by or under provision of the kind mentioned in paragraph (f);
h
make provision generally in connection with the administration or regulation of inter-year utilisation of allowances;
i
make provision for the levying of fees and charges on persons engaged in inter-year utilisation of allowances;
j
make provision creating offences for breaches of provisions of regulations under subsection (1).
4
In subsection (3) “specified” means specified by, or determined in accordance with, regulations under subsection (1).