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).