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2004 No. 1936
ENVIRONMENTAL PROTECTION
The Landfill (Scheme Year and Maximum Landfill Amount) Regulations 2004
| |
Made |
21st July 2004 | |
| |
Coming into force in accordance with regulation 1 |
The Secretary of State in exercise of the powers conferred on her by sections 1(1), 2(1), 23(2)(a) to (d) and 36(2)(a) of the Waste and Emissions Trading Act 2003[1] ("the Act"), having obtained the agreement of the Scottish Ministers in accordance with section 2(2) of the Act, the agreement of the National Assembly for Wales in accordance with section 2(3) of the Act and the agreement of the Department of the Environment in accordance with section 2(4) of the Act and having consulted the Scottish Ministers, the National Assembly for Wales and the Department of the Environment in accordance with sections 1(4) and 23(3) of the Act, makes the following Regulations, a draft of which has been laid before and approved by a resolution of each House of Parliament in accordance with section 28(2) of the Act:
Citation and Commencement
1.
These Regulations may be cited as the Landfill (Scheme Year and Maximum Landfill Amount) Regulations 2004 and shall come into force on the day after the day on which they are made.
Amendment of the Waste and Emissions Trading Act 2003
2.
- (1) The Waste and Emissions Trading Act 2003 is amended as follows.
(2) In section 23 (meaning of "scheme year" and "target year" in Chapter 1 of Part 1), for subsection (1) substitute the following subsection -
"
(1) In this Chapter -
(a) for England, Scotland and Northern Ireland, a year beginning with 1st April in any of 2005 to 2019; and
(b) for Wales -
(i) the period of six months beginning with 1st October 2004, or
(ii) a year beginning with 1st April in any of 2005 to 2019;
"target year" means a scheme year ending with 31st March in 2010, 2013 or 2020.".
Landfill Targets
3.
The maximum amount of biodegradable municipal waste that may be sent to landfill in each scheme year that is a target year shall be in accordance with Table 1.
Table 1
|
Maximum Amount (in tonnes)
|
|
Area
|
Target Year ending in 2010
|
Target Year ending in 2013
|
Target Year ending in 2020
|
|
United Kingdom |
13,700,000 |
9,130,000 |
6,390,000 |
|
England |
11,200,000 |
7,460,000 |
5,220,000 |
|
Scotland |
1,320,000 |
880,000 |
620,000 |
|
Wales |
710,000 |
470,000 |
330,000 |
|
Northern Ireland |
470,000 |
320,000 |
220,000 |
Maximum Amount of Waste sent to Landfill from England in Non-target years
4.
The maximum amount by weight of biodegradable municipal waste allowed in a scheme year mentioned in Table 2 to be sent to landfills from England shall be in accordance with that Table.
Table 2
|
Scheme Year
|
Maximum Amount (in tonnes)
|
|
1st Year[2] |
15,200,000 |
|
2nd Year |
14,530,000 |
|
3rd Year |
13,640,000 |
|
4th Year |
12,530,000 |
Maximum Amount of Waste sent to Landfill from Scotland in Non-target years
5.
The maximum amount by weight of biodegradable municipal waste allowed in a scheme year mentioned in Table 3 to be sent to landfills from Scotland shall be in accordance with that Table.
Table 3
|
Scheme Year
|
Maximum Amount (in tonnes)
|
|
1st Year[3] |
1,800,000 |
|
2nd Year |
1,500,000 |
|
3rd Year |
1,440,000 |
|
4th Year |
1,380,000 |
Maximum Amount of Waste sent to Landfill from Wales in Non-target years
6.
The maximum amount by weight of biodegradable municipal waste allowed in a scheme year mentioned in Table 4 to be sent to landfills from Wales shall be in accordance with that Table.
Table 4
|
Scheme Year
|
Maximum Amount (in tonnes)
|
|
1st Year [4] |
550,000 |
|
2nd Year |
1,035,000 |
|
3rd Year |
970,000 |
|
4th Year |
905,000 |
|
5th Year |
840,000 |
Maximum Amount of Waste sent to Landfill from Northern Ireland in Non-target years
7.
The maximum amount by weight of biodegradable municipal waste allowed in a scheme year mentioned in Table 5 to be sent to landfills from Northern Ireland shall be in accordance with that Table.
Table 5
|
Scheme Year
|
Maximum Amount (in tonnes)
|
|
1st Year[5] |
669,885 |
|
2nd Year |
655,545 |
|
3rd Year |
641,235 |
|
4th Year |
626,925 |
Signatory text
Elliot Morley
Minister of State Department for Environment, Food and Rural Affairs
Date: 21st July 2004
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Waste and Emissions Trading Act 2003 ("the Act"), by replacing the definitions of "scheme year" and "target year" in section 23(1). These Regulations also specify the maximum amount of biodegradable municipal waste allowed to be sent to landfills from the United Kingdom, England, Scotland, Wales and Northern Ireland in a scheme year that is a target year, together with maximum amounts of biodegradable municipal waste that may be sent to landfill from England, Scotland, Wales and Northern Ireland for the scheme years up to and including 2008/9. The amounts set under section 1(1)(a) (maximum amount from the United Kingdom) are consistent with the obligations of the United Kingdom under Article 5(2) of Council Directive 1999/31/EC on the landfill of waste (OJ No. L182, 16.7.1999, p.1.).
Regulation 2(2) substitutes a new subsection (1) into section 23 which defines "scheme year" and "target year" for the purposes of Chapter 1 of the Act. For Wales, the substitution has the effect of providing an initial short scheme year covering a six month period starting on the 1st October 2004, of changing the date that a scheme year begins to 1st April for the years 2005 to 2019 and of changing the date that a target year ends to 31st March in 2010, 2013 and 2020. For England, Scotland and Northern Ireland, the substitution has the effect of changing the date that a scheme year begins to 1st April for the years 2005 to 2019 and of changing the date that a target year ends to 31st March in 2010, 2013 and 2020.
Regulation 3 specifies the maximum tonnages of biodegradable municipal waste from the United Kingdom, England, Scotland, Wales and Northern Ireland that may be sent to landfill in the target years 2010, 2013 and 2020. For the United Kingdom, the maximum amounts are 13,700,000, 9,130,000 and 6,390,000 tonnes respectively. For England, the maximum amounts are 11,200,000, 7,460,000 and 5,220,000 tonnes respectively. For Scotland, the maximum amounts are 1,320,000, 880,000 and 620,000 tonnes respectively. For Wales, the maximum amounts are 710,000, 470,000 and 330,000 tonnes respectively. For Northern Ireland, the maximum amounts are 470,000, 320,000 and 220,000 tonnes respectively.
Regulation 4 specifies the maximum tonnage of biodegradable municipal waste from England that can be sent to landfill in a scheme year. For the first scheme year that will begin on 1st April 2005 the amount is 15,200,000 tonnes. For the second, third and fourth scheme years that will begin on 1st April in 2006, 2007 and 2008, the amounts are 14,530,000, 13,640,000 and 12,530,000 tonnes respectively.
Regulation 5 specifies the maximum tonnage of biodegradable municipal waste from Scotland that can be sent to landfill in a scheme year. For the first scheme year that will begin on 1st April 2005 the amount is 1,800,000 tonnes. For the second, third and fourth scheme years that will begin on 1st April in 2006, 2007 and 2008, the amounts are 1,500,000, 1,440,000 and 1,380,000 tonnes respectively.
Regulation 6 specifies the maximum tonnage of biodegradable municipal waste from Wales that can be sent to landfill in a scheme year. For the first scheme year that will begin on 1st October 2004, the amount is 550,000 tonnes. For the second scheme year that will begin on 1st April 2005 the amount is 1,035,000 tonnes. For the third, fourth and fifth scheme years that will begin on 1st April in 2006, 2007 and 2008, the amounts are 970,000, 905,000 and 840,000 tonnes respectively.
Regulation 7 specifies the maximum tonnage of biodegradable municipal waste from Northern Ireland that can be sent to landfill in a scheme year. For the first scheme year, that will begin on 1st April 2005 the amount is 669,885 tonnes. For the second, third and fourth scheme years, that will begin on 1st April in 2006, 2007 and 2008, the amounts are 655,545, 641,235 and 626,925 tonnes respectively.
A regulatory impact assessment of the effects that this instrument will have on business has been prepared for these Regulations. A copy may be obtained from Waste Landfill Policy, DEFRA, Zone 7/E8, Ashdown House, Victoria Street, London, SW1E 6DE.
Notes:
[1]
2003 c. 33.back
[2]
As a result of the amendment to the Act made by regulation 2, the 1st scheme year for England will begin on 1st April 2005 and end on 31 March 2006. The 2nd and subsequent scheme years will follow this cycle. Therefore the 2nd scheme year will begin on 1st April 2006, the 3rd scheme year on 1st April 2007 and the 4th scheme year on 1st April 2008.back
[3]
As a result of the amendment to the Act made by regulation 2, the 1st scheme year for Scotland will begin on 1st April 2005 and end on 31 March 2006. The 2nd and subsequent scheme years will follow this cycle. Therefore the 2nd scheme year will begin on 1st April 2006, the 3rd scheme year on 1st April 2007 and the 4th scheme year on 1st April 2008.back
[4]
As a result of the amendment to the Act made by regulation 2, the 1st scheme year for Wales will begin on 1st October 2004 and end on 31 March 2005. The 2nd scheme year will begin on 1st April 2005 and end on 31st March 2006 and subsequent years will follow this cycle. Therefore the 3rd scheme year will begin on 1st April 2006, the 4th scheme year on 1st April 2007 and the 5th scheme year on 1st April 2008.back
[5]
As a result of the amendment to the Act made by regulation 2, the 1st scheme year for Northern Ireland will begin on 1st April 2005 and end on 31 March 2006. The 2nd and subsequent scheme years will follow this cycle. Therefore the 2nd scheme year will begin on 1st April 2006, the 3rd scheme year on 1st April 2007 and the 4th scheme year on 1st April 2008.back
ISBN
0 11 049596 9
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© Crown copyright 2004 |
Prepared
30 July 2004
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