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The Landfill Allowances Scheme (Wales) Regulations 2004

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PART 1General

Citation, commencement and application

1.  These Regulations:

(a)may be cited as the Landfill Allowances Scheme (Wales) Regulations 2004;

(b)come into force on 25 June 2004;

(c)apply in relation to Wales.

Interpretation

2.—(1) In these Regulations—

“the Act” (“y Ddeddf”) means the Waste and Emissions Trading Act 2003;

“the Assembly” (“y Cynulliad”) means the National Assembly for Wales;

“collected municipal waste” (“gwastraff trefol a gasglwyd”) means municipal waste which comes into the possession or under the control of—

(i)

a waste collection authority, or

(ii)

a waste disposal authority

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

“electronic communication” (“cyfathrebiad electronig”) has the same meaning as in section 15(1) of the Electronic Communications Act 2000(2);

“European Waste Catalogue” (“Catalog Gwastraff Ewropeaidd”) means the list of wastes established pursuant to Commission Decision 2000/532/EC(3);

“reconciliation period” (“cyfnod cysoni”) means the period of 3 months following the end of each scheme year;

“relevant authority” (“awdurdod perthnasol”) means—

(a)

the monitoring authority, and

(b)

the Assembly;

“waste collection authority” (“awdurdod casglu gwastraff”) means a County or County Borough Council acting in pursuance of functions conferred on it as a waste collection authority;

“waste disposal authority” (“awdurdod gwaredu gwastraff”) means a County or County Borough Council acting in pursuance of functions conferred on it as a waste disposal authority;

“waste facility” (“cyfleuster gwastraff”) means a facility for the disposal or recovery of waste other than a landfill; for the purposes of this definition, “disposal” and “recovery” have the same meaning as in Article 1(e) and (f) of Council Directive 75/442/EEC on waste(4).

(2) In these Regulations —

(a)references to an amount of waste are references to an amount of waste by tonnage; and

(b)references to waste being sent by a waste disposal authority to 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.

Notices, notifications and submissions of forms

3.—(1) Subject to paragraph (2), where, under these Regulations, a person is required to—

(a)submit a form, notice or return to another person, or

(b)notify another person of any matter,

the form, notice, return or notification must be in writing.

(2) If—

(a)that other person has an address for the purposes of electronic communications the form, notice, return or notification may be made by way of such communications, or

(b)regulation 4(3)(b) applies, the form may be completed and submitted to the authority on the website.

Electronic registers and forms

4.—(1) Any register established or maintained under these Regulations may be in electronic form.

(2) Where any register maintained by a relevant authority is in electronic form, that authority may make it available for inspection by the public on a website maintained by that authority for that purpose.

(3) Any form provided by the monitoring authority for the purposes of these Regulations may be provided—

(a)in an electronic form, and

(b)for completion and submission to the authority on a website maintained by the authority for that purpose.

(3)

OJ L 226, 6.9.2000, p.3, as amended by Commission Decisions 2001/118/EC (OJ L 47, 16.2.2001, p.1), and 2001/119/EC (OJ L 47, 16.2.2001, p.32) and Council Decision 2001/573/EC (OJ L 203, 28.7.2001, p.18).

(4)

OJ L 194, 25.7.1975, p.39; as amended by Council Directive 91/156/EEC (OJ L 78, 26.3.1991, p.32) and Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p.32).

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