The Landfill Allowances Scheme (Northern Ireland) Regulations 2004

PART 5 PENALTIES

Penalties: exceeding allowances

19.—(1) The penalty to which a district council is liable under section 9(2) of the Act is the excess landfill for that district council multiplied by £200.

(2) For the purposes of paragraph (1) “excess landfill” means, for a scheme year, the amount in tonnes by which biodegradable municipal waste sent to landfills by the district council, as calculated under regulation 13(1)(a), exceeds the landfill allowances available to the district council.

(3) The supplementary penalty (“SP”) to which a district council is liable under section 9(3) of the Act must be calculated according to the following formula –

where for the target year –

• F is the amount of any fine imposed on the United Kingdom,

• T1 is the amount in tonnes by which biodegradable municipal waste sent to landfills by the district council, as calculated under regulation 13(1)(a), exceeds the landfill allowances available to the district council, and

• T2 is the amount in tonnes by which biodegradable municipal waste sent to landfills in the United Kingdom exceeds the maximum amount specified under section 1(1)(a) of the Act.

(4) The supplementary penalty (“SP”) to which a district council is liable under section 9(4) of the Act must be calculated according to the following formula –

where –

• F is, for the scheme year, the amount of any fine imposed on the United Kingdom,

• T1 is, for the scheme year, the amount in tonnes by which biodegradable municipal waste sent to landfills by the district council, as calculated under regulation 13(1)(a), exceeds the landfill allowances available to the district council, and

• T2 is the amount in tonnes by which biodegradable municipal waste sent to landfills in the United Kingdom in the scheme year exceeds the maximum amount specified under section 1(1)(a) of the Act in respect of the last target year before the scheme year.

Penalties: failure to comply with requirements imposed by regulation 10 of these Regulations

20.—(1) The penalty to which a district council is liable under section 12(3) of the Act is £1000 for each requirement imposed on the district council by regulation 10 with which the district council fails to comply.

Penalties: general

21.—(1) Where a district council is liable to a penalty, the Department may –

(a) assess the amount of the penalty, and

(b) notify the authority of that amount.

(2) The penalty is due one month after the date on which the district council is notified by the Department under paragraph (1)(b) (“the due date”).

(3) Where a district council does not pay a penalty in full by the due date, the district council is liable to pay interest on any outstanding amount of the penalty for the period which –

(a) begins on the due date; and

(b) ends on the day before the day on which the penalty is paid in full.

(4) Interest under this regulation shall be payable at a rate of one percentage point above LIBOR on a day to day basis.

(5) Where an amount has been assessed and notified to a district council under paragraph (1), the amount and any interest incurred under paragraph (3) shall be recoverable as if it were a civil debt.

(6) In paragraph (4), “LIBOR” means the sterling three month London interbank offered rate in force during the period between –

(a) the due date, and

(b) the date on which the penalty is paid in full.