Part 1

Waste
Chapter 1

Waste sent to landfills

Landfill allowances scheme (Scotland, Wales and Northern Ireland)

Allocation of landfill allowances
4
1
For Scotland, Wales and Northern Ireland each allocating authority must—
a
for each scheme year that is a target year, and
b
for each other scheme year for which an amount is specified under section 2 for its area,
make among waste disposal authorities in its area an allocation of allowances authorising the sending in that year of amounts of biodegradable local authority collected municipal waste to landfills.
2
In performing the duty under subsection (1), an allocating authority must ensure that the total amount of waste authorised to be sent to landfills by the allowances it allocates for a year does not cause the amount of biodegradable municipal waste sent to landfills for that year to exceed the amount specified for its area under section 1 or 2.
3
An allocation under subsection (1) must be made before the beginning of the year to which it relates.
4
As soon as an authority has made an allocation under subsection (1), it must publish a statement—
a
detailing, in relation to each waste disposal authority in its area, what allowances have been allocated to it, and
b
explaining the basis of the allocation including in particular how the authority has complied with the duty in subsection (2).
5
Nothing in this section shall be taken as requiring any allowances to be allocated to any particular waste disposal authority.
S. 4 in force at 25.6.2004 for W. by S.I. 2004/1488, art. 2
S. 4 in force at 17.9.2004 for N.I. by S.R. 2004/399, art. 2(1)(a)
S. 4 in force at 3.12.2004 for E. by S.I. 2004/3181, art. 2(a)
S. 4 in force at 3.2.2005 for S. by S.S.I. 2005/52, art. 2(a)
Words in s. 4(1) substituted (21.11.2011) by The Waste and Emissions Trading Act 2003 (Amendment) Regulations 2011 (S.I. 2011/2499), regs. 1(2), 3(a)
S. 4(2) substituted (21.11.2011) by The Waste and Emissions Trading Act 2003 (Amendment) Regulations 2011 (S.I. 2011/2499), regs. 1(2), 4(a)
Words in s. 4(4)(b) inserted (21.11.2011) by The Waste and Emissions Trading Act 2003 (Amendment) Regulations 2011 (S.I. 2011/2499), regs. 1(2), 4(b)
Words in s. 4(1) substituted (31.3.2013) by The Waste and Emissions Trading Act 2003 (Amendment etc.) Regulations 2013 (S.I. 2013/141), regs. 1(1)(b), 3(3) (with reg. 8)
Words in s. 4 heading inserted (31.3.2013) by The Waste and Emissions Trading Act 2003 (Amendment etc.) Regulations 2013 (S.I. 2013/141), regs. 1(1)(b), 3(2) (with reg. 8)