The Landfill (Scheme Year and Maximum Landfill Amount) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Waste and Emissions Trading Act 2003 (“the Act”), by replacing the definitions of “scheme year” and “target year” in section 23(1). These Regulations also specify the maximum amount of biodegradable municipal waste allowed to be sent to landfills from the United Kingdom, England, Scotland, Wales and Northern Ireland in a scheme year that is a target year, together with maximum amounts of biodegradable municipal waste that may be sent to landfill from England, Scotland, Wales and Northern Ireland for the scheme years up to and including 2008/9. The amounts set under section 1(1)(a) (maximum amount from the United Kingdom) are consistent with the obligations of the United Kingdom under Article 5(2) of Council Directive 1999/31/EC on the landfill of waste (OJ No. L182, 16.7.1999, p.1.).

Regulation 2(2) substitutes a new subsection (1) into section 23 which defines “scheme year” and “target year” for the purposes of Chapter 1 of the Act. For Wales, the substitution has the effect of providing an initial short scheme year covering a six month period starting on the 1st October 2004, of changing the date that a scheme year begins to 1st April for the years 2005 to 2019 and of changing the date that a target year ends to 31st March in 2010, 2013 and 2020. For England, Scotland and Northern Ireland, the substitution has the effect of changing the date that a scheme year begins to 1st April for the years 2005 to 2019 and of changing the date that a target year ends to 31st March in 2010, 2013 and 2020.

Regulation 3 specifies the maximum tonnages of biodegradable municipal waste from the United Kingdom, England, Scotland, Wales and Northern Ireland that may be sent to landfill in the target years 2010, 2013 and 2020. For the United Kingdom, the maximum amounts are 13,700,000, 9,130,000 and 6,390,000 tonnes respectively. For England, the maximum amounts are 11,200,000, 7,460,000 and 5,220,000 tonnes respectively. For Scotland, the maximum amounts are 1,320,000, 880,000 and 620,000 tonnes respectively. For Wales, the maximum amounts are 710,000, 470,000 and 330,000 tonnes respectively. For Northern Ireland, the maximum amounts are 470,000, 320,000 and 220,000 tonnes respectively.

Regulation 4 specifies the maximum tonnage of biodegradable municipal waste from England that can be sent to landfill in a scheme year. For the first scheme year that will begin on 1st April 2005 the amount is 15,200,000 tonnes. For the second, third and fourth scheme years that will begin on 1st April in 2006, 2007 and 2008, the amounts are 14,530,000, 13,640,000 and 12,530,000 tonnes respectively.

Regulation 5 specifies the maximum tonnage of biodegradable municipal waste from Scotland that can be sent to landfill in a scheme year. For the first scheme year that will begin on 1st April 2005 the amount is 1,800,000 tonnes. For the second, third and fourth scheme years that will begin on 1st April in 2006, 2007 and 2008, the amounts are 1,500,000, 1,440,000 and 1,380,000 tonnes respectively.

Regulation 6 specifies the maximum tonnage of biodegradable municipal waste from Wales that can be sent to landfill in a scheme year. For the first scheme year that will begin on 1st October 2004, the amount is 550,000 tonnes. For the second scheme year that will begin on 1st April 2005 the amount is 1,035,000 tonnes. For the third, fourth and fifth scheme years that will begin on 1st April in 2006, 2007 and 2008, the amounts are 970,000, 905,000 and 840,000 tonnes respectively.

Regulation 7 specifies the maximum tonnage of biodegradable municipal waste from Northern Ireland that can be sent to landfill in a scheme year. For the first scheme year, that will begin on 1st April 2005 the amount is 669,885 tonnes. For the second, third and fourth scheme years, that will begin on 1st April in 2006, 2007 and 2008, the amounts are 655,545, 641,235 and 626,925 tonnes respectively.

A regulatory impact assessment of the effects that this instrument will have on business has been prepared for these Regulations. A copy may be obtained from Waste Landfill Policy, DEFRA, Zone 7/E8, Ashdown House, Victoria Street, London, SW1E 6DE.