Waste and Emissions Trading Act 2003

9 Duty not to exceed allowances

(1) If the allocating authority for an area has made an allocation under section 4 for a scheme year, each waste disposal authority in the area owes a duty to the allocating authority to secure that the amount of biodegradable municipal waste sent to landfills in that year in pursuance of arrangements made by the waste disposal authority does not exceed the amount authorised by the landfill allowances available to that authority for the year.

(2) A waste disposal authority that fails to comply with a duty imposed on it by subsection (1) is liable to a penalty.

(3) If—

(a) a waste disposal authority is liable under subsection (2) to a penalty in respect of a target year, and

(b) the total amount of biodegradable municipal waste sent in the year to landfills in pursuance of arrangements made by waste disposal authorities in the United Kingdom exceeds the amount specified for the year under section 1(1)(a),

the authority is also liable to a supplementary penalty.

(4) If—

(a) a waste disposal authority is liable under subsection (2) to a penalty in respect of a scheme year that is not a target year,

(b) that scheme year (“the penalty year”) is later than the first target year, and

(c) the total amount of biodegradable municipal waste sent in the penalty year to landfills in pursuance of arrangements made by waste disposal authorities in the United Kingdom exceeds the amount specified under section 1(1)(a) for the last target year before the penalty year,

the authority is also liable to a supplementary penalty.

(5) For the purposes of this section, the landfill allowances available to a waste disposal authority for a scheme year are the landfill allowances held by the authority at the end of the year that have not been utilised for an earlier scheme year and that, in the case of—

(a) allowances allocated to the authority for an earlier or later scheme year, or

(b) allowances originally allocated to another waste disposal authority,

are allowed by regulations under section 6 or 7 to be utilised by the authority for the year.