Part 1

Waste
Chapter 1

Waste sent to landfills

Scheme operation and monitoring etc

Powers in relation to waste disposal authorities
12
1
An allocating authority may, for purposes connected with the sending of biodegradable local authority collected municipal waste to landfills, by regulations make provision for requiring waste disposal authorities in its area to—
a
maintain prescribed records;
b
gather prescribed information by carrying out prescribed operations on prescribed waste;
c
make prescribed returns to the monitoring authority for the area.
2
An allocating authority may by regulations make provision for enabling the monitoring authority for its area, or persons authorised by the monitoring authority—
a
to require waste disposal authorities in the area to produce, for inspection or for removal for inspection elsewhere, records they are required to maintain by provision made under subsection (1);
b
to require waste disposal authorities in the area to supply the monitoring authority with—
i
information about matters connected with the sending of biodegradable local authority collected municipal waste to landfills;
ii
evidence to substantiate information supplied for the purpose of complying with requirements imposed under sub-paragraph (i);
iii
evidence to substantiate entries in records maintained for the purpose of complying with provision made under subsection (1);
c
to specify the form in which, the place at which and the time at or by which records are to be produced or information or evidence is to be supplied;
d
to copy records that are produced.
3
A waste disposal authority that fails to comply with a requirement imposed on it under this section is liable to a penalty.
4
In subsection (1) “prescribed” means prescribed by or under regulations under that subsection.
Words in s. 12(1) substituted (21.11.2011) by The Waste and Emissions Trading Act 2003 (Amendment) Regulations 2011 (S.I. 2011/2499), regs. 1(2), 3(e)
Words in s. 12(2)(b)(i) substituted (21.11.2011) by The Waste and Emissions Trading Act 2003 (Amendment) Regulations 2011 (S.I. 2011/2499), regs. 1(2), 3(e)