The Landfill Allowances Scheme (Wales) Regulations 2004

PART 2 E+W Monitoring

Monitoring authority E+W

5.  The [F1 Natural Resources Body for Wales] is the monitoring authority for Wales.

Textual Amendments

F1 Words in reg. 5 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 5 para. 25 (with Sch. 7)

Obligation for waste disposal authorities to keep records and make returns E+W

6.—(1) A waste disposal authority must keep records containing the following information for each scheme year—

(a) the amount of collected municipal waste;

(b) the amount of [F2 collected municipal waste] sent to landfills by the authority; and

(c) the amount of [F3 collected municipal waste] sent to other waste facilities by the authority.

(2) In relation to municipal waste mentioned in sub-paragraphs (1)(b) and (c) the record must contain details of—

(a) the total amount sent to each landfill or waste facility; and

(b) the description of the waste, and the appropriate code for the waste, in the [F4 List of Wastes];

(3) The records under paragraph (1) must be kept for a period of three years beginning on the day after the date that the reconciliation period for the scheme year ends.

(4) A waste disposal authority must submit to the monitoring authority a return containing the information in paragraph (1) for each 3 month period ending on 31 March, 30 June, 30 September and 31 December within one month of the end of that period.

(5) The monitoring authority, or a person authorised in writing by the monitoring authority, may by notice require a waste disposal authority to—

(a) produce for inspection, or for removal for inspection elsewhere, any of the records that it is required to maintain under paragraph (1);

(b) supply the monitoring authority with information about, or evidence as to, matters connected with the sending of [F5 biodegradable collected municipal waste] to landfills;

and to do so in such form, at such reasonable place and within such reasonable time as is specified in the notice.

(6) The monitoring authority, or a person authorised in writing by the monitoring authority, may make copies of any records produced or supplied under paragraph (5).

Textual Amendments

F2 Words in reg. 6(1)(b) substituted (15.1.2012 immediately after 12:01 am) by The Landfill Allowances Scheme (Wales) (Amendment) Regulations 2012 (S.I. 2012/65), regs. 1(3), 2(2), 7(a)

F3 Words in reg. 6(1)(c) substituted (15.1.2012 immediately after 12:01 am) by The Landfill Allowances Scheme (Wales) (Amendment) Regulations 2012 (S.I. 2012/65), regs. 1(3), 2(2), 7(a)

F4 Words in reg. 6(2)(b) substituted (20.7.2015) by The Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2015 (S.I. 2015/1417), regs. 1(2), 2(3)

F5 Words in Regulations substituted (15.1.2012 immediately after 12:01 am) by The Landfill Allowances Scheme (Wales) (Amendment) Regulations 2012 (S.I. 2012/65), regs. 1(3), 2(2), 8

Obligation for operators of landfills to keep records and make returns E+W

7.—(1) An operator of a landfill must keep records containing the following information for each scheme year—

(a) the amount of each load of municipal waste accepted at the landfill;

(b) the description of the waste, and the appropriate code for the waste, in the [F6 List of Wastes];

(c) the County or County Borough in which the municipal waste originated; and

(d) any treatment applied to the waste before it was landfilled.

(2) The records under paragraph (1) must be kept for a period of three years beginning on the day after the day that the reconciliation period for the scheme year ends.

(3) An operator of a landfill must submit to the monitoring authority a return containing the information in paragraph (1) for each 3 month period ending on 31 March, 30 June, 30 September and 31 December within one month of the end of that period.

(4) The monitoring authority, or a person authorised in writing by the monitoring authority, may, by notice, require an operator of a landfill to produce for inspection, or for removal for inspection elsewhere, any records that the operator is required to maintain under paragraph (1), in such form, at such reasonable place and within such reasonable time as is specified in the notice.

(5) The monitoring authority, or a person authorised in writing by the monitoring authority, may make copies of any records produced under paragraph (4).

(6) A person authorised in writing by the monitoring authority may enter at any reasonable time and, if need be, by reasonable force, premises other than premises used as a dwelling, occupied by a person concerned in the operation of a landfill for the purposes of—

(a) searching for records relating to the operation of a landfill;

(b) inspecting records relating to the operation of a landfill or removing them for inspection elsewhere;

(c) copying records relating to the operation of a landfill.

(7) A person entering any premises under paragraph (6), may take with him or her—

(a) any other person duly authorised by the monitoring authority;

(b) if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable;

(c) any equipment or materials required for any purpose for which the power of entry is being exercised.

(8) The power of the monitoring authority, or a person authorised by the monitoring authority, under paragraphs (4) to (6) includes power to require any person to afford to them, such reasonable facilities and assistance within the person’s control as are necessary to enable the monitoring authority and authorised person to exercise their powers

(9) In this regulation “operator of a landfill” means the person who has control over the landfill.

(10) In this regulation, “treatment” has the same meaning as in Article 2(h) of Council Directive 1999/31/EC on the landfill of waste F7 [F8 as last amended by [F9 Directive (EU) 2018/850]] [F10 read in accordance with paragraph (11)].

[F11 (11) For the purposes of regulation 7(10) Directive 1999/31/EC is to be read as if—

(a) in Article 2—

(i) in point (a), the reference to the definition of ’waste’ were omitted;

(ii) after point (a) there were inserted—

“(aa) ‘Waste’ has the meaning given in Article 3(1) of Directive 2008/98/EC (“the Waste Framework Directive”), as read with Articles 5 and 6 of that Directive”;”

(b) in Article 3—

(i) in paragraph (2) for “Without prejudice to existing Community legislation the” there were substituted “The”;

(ii) for paragraph (3) there were substituted—

“(3) The management of extractive waste, within the meaning given in regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016, is excluded from the scope of this Directive where it falls within the scope of Schedule 20, or paragraph 8(a) or (b) of Schedule 22, to those Regulations.”]

Textual Amendments

F6 Words in reg. 7(1)(b) substituted (20.7.2015) by The Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2015 (S.I. 2015/1417), regs. 1(2), 2(4)

F7 OJ L 182, 16.7.1999, p.1.

F8 Words in reg. 7(10) inserted (22.3.2019) by The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/414), regs. 1(2)(a), 3(3)

F9 Words in reg. 7(10) substituted (19.11.2020) by The Waste (Wales) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/1179), regs. 1(2), 3(3)

F10 Words in reg. 7(10) inserted (31.12.2020) by The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/414), regs. 1(2)(b), 7(6); 2020 c. 1, Sch. 5 para. 1(1)

F11 Reg. 7(11) inserted by The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/414), regs. 1(2)(b), 7(7) (as substituted by The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1339), regs. 1(3), 2(3)(e))

[F12 Determining the amount of biodegradable collected municipal waste in an amount of collected municipal waste E+W

8.   Sixty-one percent of an amount of collected municipal waste is deemed to be biodegradable collected municipal waste.]

Textual Amendments

F12 Reg. 8 substituted (15.1.2012 immediately after 12:01 am) by The Landfill Allowances Scheme (Wales) (Amendment) Regulations 2012 (S.I. 2012/65), regs. 1(3), 2(2), 9

Reconciliation of landfill allowances E+W

9.  No later than two months after the end of the reconciliation period, the monitoring authority must determine in relation to each waste disposal authority the amount of [F5 biodegradable collected municipal waste] sent to landfills.

Textual Amendments

F5 Words in Regulations substituted (15.1.2012 immediately after 12:01 am) by The Landfill Allowances Scheme (Wales) (Amendment) Regulations 2012 (S.I. 2012/65), regs. 1(3), 2(2), 8