The Landfill Allowances and Trading Scheme (England) Regulations 2004

Interpretation

2.—(1) In these Regulations—

“the Act” means the Waste and Emissions Trading Act 2003;

“collected municipal waste” means municipal waste which comes into the possession or under the control of—

(a)

a waste disposal authority, or

(b)

a waste collection authority within the area of the disposal authority,

whether or not the waste comes into the possession or under the control of that authority under or by virtue of the Environmental Protection Act 1990(1);

“disposal” has the same meaning as in Council Directive 75/442/EEC on waste(2);

“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000(3);

“European Waste Catalogue” means the list of wastes which, pursuant to Article 1(a) of Council Directive 74/442/EEC on waste and Article 1(4) of Council Directive 91/689/EEC(4) on hazardous waste, is set out in Commission Decision 2000/532/EC(5);

“landfill allowance account” means the landfill allowance account contained in the landfill allowances register under regulation 16(2) and (3);

“Landfill Directive” means Council Directive 99/31/EC on the landfill of waste(6);

“reconciliation period” means the period of 6 months following the end of a scheme year;

“recovery” has the same meaning as in Council Directive 75/442/EEC on waste;

“relevant authority” means—

(a)

the monitoring authority,

(b)

the Secretary of State;

“treatment” has the same meaning as in section 22(4) of the Act;

“vintage” means in respect of landfill allowances allocated—

(a)

for different scheme years, the chronological order in which those allowances were allocated,

(b)

for the same scheme year, the order in which those landfill allowances were allocated for that year;

“waste collection authority” has the same meaning as in Part 2 of the Environmental Protection Act 1990; and

“waste facility” means a facility for the disposal or recovery of waste other than a landfill.

(2) In these Regulations references to waste being sent by a waste disposal authority to a landfill or a waste facility are references to waste being sent to such a landfill or facility in pursuance of arrangements made by the authority.

(3) In these Regulations a landfill allowance is available to a waste disposal authority for a scheme year—

(a) for the purposes of regulation 7 if it has—

(i) been allocated to the authority for that scheme year, and

(ii) not subsequently been transferred or withdrawn;

(b) for all other purposes if it has been—

(i) allocated to the authority for that scheme year, or

(ii) banked, borrowed or transferred to that scheme year,

and not subsequently been banked, borrowed, transferred or withdrawn.

(1)

1990 c. 43.

(2)

O.J. No. L 194, 25.7.1975, p. 39; as amended by Council Directive 91/156/EEC (O.J No. L 78, 26.3.1991, p. 32), Council Directive 91/692/EEC (O.J. No. L 377, 31.12.1991, p. 48) and Commission Decision 96/350/EC (O.J. No. L 135, 6.6.1996, p. 32).

(3)

2000 c. 7.

(4)

O.J. No. L 377, 31.12.1991, p. 20; as amended by Council Directive 94/31/EC (O.J. No. L 168, 2.7.1994, p. 28) and Corrigendum to Directive 91/689/EC (O.J. L 23, 30.1.1998, p. 39).

(5)

O.J. No. L 226, 6.9.2000, p. 3; as amended by Commission Decision 2001/118/EC (O.J. No. L 47, 16.2.2001, p.1), Commission Decision 2001/119/EC (O.J. No. L 47, 16.2.2001, p.32) and Council Decision 2001/573/EC (O.J. No. L 203, 28.7.2001, p.18).

(6)

O.J. No. L 182, 16.7.1999, p. 1.