The Environmental Protection (Waste Recycling Payments) (England) Regulations 2004

Title, commencement and extent

1.—(1) These Regulations may be cited as the Environmental Protection (Waste Recycling Payments) (England) Regulations 2004 and shall come into force on 1st April 2004.

(2) These Regulations apply to England.

Interpretation

2.  In these Regulations—

“the 1990 Act” means the Environmental Protection Act 1990; and

“transport costs” includes any contribution made by a waste disposal authority to a collection authority under section 52(10) of the 1990 Act.

Determination of a waste disposal authority’s net saving of expenditure

3.—(1) A waste disposal authority’s net saving of expenditure for the purposes of section 52(1) or (3) of the 1990 Act in relation to waste which is retained or collected for recycling shall be determined in accordance with the following provisions of this regulation.

(2) The authority’s net saving of expenditure shall be an amount equal to the expenditure which it would have incurred in disposing of the waste at a cost per tonne equal to its average cost per tonne at the relevant time of disposing of similar waste using its most expensive disposal method for waste collected in the relevant area.

(3) In paragraph (2) above, “the relevant area” means the waste collection authority area in which the waste in question is collected or, where the waste in question is collected by a person other than a waste collection authority in the area of more than one waste collection authority and it is not reasonably practicable for that person to determine how much of that waste was collected in each such area, the area consisting of the areas of all those waste collection authorities.

(4) In determining its average cost per tonne of disposing of similar waste, the authority shall take into account—

(a) the market value at the relevant time of any of its assets (including land) used in connection with disposal of that waste;

(b) any expenditure incurred by the authority in operating any site or transfer station used in connection with the disposal of that waste;

(c) any transport costs incurred by the authority in relation to that waste;

(d) any expenditure which will be incurred in closing, restoring and subsequently maintaining any site belonging to the authority which is used for the disposal of that waste; and

(e) any other expenditure incurred by the authority in relation to that waste.

(5) No account shall be taken of expenditure incurred by the authority in determining the amount of, or in making, any payment under section 52(1) or (3) of the 1990 Act.

(6) If a determination cannot be made under paragraph (2) because sufficient accurate information is not available or could only be obtained at a disproportionate cost, the authority’s net saving of expenditure shall be determined by reference to the relevant figure shown in the Schedule to these Regulations.

Revocations

4.  The following Regulations are revoked insofar as they apply to England—

(a) the Environmental Protection (Waste Recycling Payments) Regulations 1992(1);

(b) the Environmental Protection (Waste Recycling Payments) (Amendment) Regulations 1994(2); and

(c) the Environmental Protection (Waste Recycling Payments) (Amendment) (England) Regulations 2003(3).

Elliot Morley

Minister of State,

Department for Environment, Food and Rural Affairs

8th March 2004