|
| |
| |
A | |
Bill | |
To | |
Make provision about waste and about penalties for non-compliance with | |
schemes for the trading of emissions quotas. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
Part 1 | |
Waste | |
Chapter 1 | |
Waste sent to landfills | |
Landfill targets | 5 |
1 Target years | |
(1) The Secretary of State must by regulations specify the maximum amount by | |
weight of biodegradable municipal waste allowed, in each scheme year that is | |
a target year, to be sent to landfills from each of— | |
(a) the United Kingdom, | 10 |
(b) England, | |
(c) Scotland, | |
(d) Wales, and | |
(e) Northern Ireland. | |
(2) Amounts specified under subsection (1)(a) must be consistent with the | 15 |
obligations of the United Kingdom under Article 5(2) of Council Directive | |
1999/31/EC. | |
(3) The total of the amounts specified under subsection (1)(b) to (e) for a year must | |
not exceed the amount specified under subsection (1)(a) for that year. | |
(4) The Secretary of State must consult— | 20 |
| |
| |
| |
|
| |
| |
(a) the Scottish Ministers before specifying amounts under subsection | |
(1)(c); | |
(b) the National Assembly for Wales before specifying amounts under | |
subsection (1)(d); | |
(c) the Department of the Environment before specifying amounts under | 5 |
subsection (1)(e). | |
(5) Regulations under this section shall not be made unless a draft of the statutory | |
instrument containing them has been laid before, and approved by a resolution | |
of, each House of Parliament. | |
2 Non-target years | 10 |
(1) The Secretary of State may by regulations specify the maximum amount by | |
weight of biodegradable municipal waste allowed, in a scheme year that is not | |
a target year, to be sent to landfills from— | |
(a) England; | |
(b) Scotland; | 15 |
(c) Wales; | |
(d) Northern Ireland. | |
(2) The power under subsection (1)(b) is exercisable only with the agreement of | |
the Scottish Ministers. | |
(3) The power under subsection (1)(c) is exercisable only with the agreement of the | 20 |
National Assembly for Wales. | |
(4) The power under subsection (1)(d) is exercisable only with the agreement of | |
the Department of the Environment. | |
(5) Regulations under this section shall not be made unless a draft of the statutory | |
instrument containing them has been laid before, and approved by a resolution | 25 |
of, each House of Parliament. | |
3 Non-target years: default rules | |
(1) If— | |
(a) for England, Scotland, Wales or Northern Ireland no amount is | |
specified under subsection (1) of section 2 for a year to which that | 30 |
subsection applies, and | |
(b) the year is followed (whether or not immediately) by a target year, | |
the following sections of this Chapter shall have effect as if for that year (“the | |
default-rule year”) there had been specified under section 2(1) for that area the | |
amount given by the formula set out in subsection (2). | 35 |
(2) The formula is—
 | |
(3) The formula shall be applied in accordance with subsection (4) if there is no | |
scheme year falling between— | |
(a) the last target year before the default-rule year, and | |
(b) the default-rule year, | 40 |
for which an amount has been specified under 2(1) for the area; otherwise the | |
formula shall be applied in accordance with subsection (5). | |
| |
| |
|
| |
| |
(4) Where the formula is to be applied in accordance with this subsection— | |
L is the amount specified under section 1 for the area for the year that is | |
the last target year before the default-rule year, | |
N is the amount specified under section 1 for the area for the year that is | |
the first target year after the default-rule year, | 5 |
G is the number (if any) of scheme years falling between those target | |
years, and | |
B is the number (if any) of scheme years falling between— | |
(a) the earlier of those target years, and | |
(b) the default-rule year. | 10 |
(5) Where the formula is to be applied in accordance with this subsection— | |
L is the amount specified under section 2(1) for the area for the year that | |
is the last scheme year before the default-rule year for which an amount | |
has been specified for the area under section 2(1) (“the last fixed year”), | |
N is the amount specified under section 1 for the area for the year that is | 15 |
the first target year after the default-rule year, | |
G is the number (if any) of scheme years falling between the last fixed year | |
and that target year, and | |
B is the number (if any) of scheme years falling between the last fixed year | |
and the default-rule year. | 20 |
(6) For the purposes of subsections (4) and (5), the year ending with 16th July in | |
2004 shall be taken to be a target year for which the amount specified under | |
section 1 for England, Scotland, Wales or Northern Ireland is such amount as | |
may be specified in regulations made by the Secretary of State. | |
(7) The Secretary of State shall secure that an amount specified under subsection | 25 |
(6) is, or is a fair estimate of, the amount of biodegradable municipal waste sent | |
to landfills from the area concerned in the year ending with 31st March 2001. | |
(8) Before making regulations under subsection (6), the Secretary of State shall | |
consult the Scottish Ministers, the National Assembly for Wales and the | |
Department of the Environment. | 30 |
Landfill allowances scheme | |
4 Allocation of landfill allowances | |
(1) 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 | 35 |
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 municipal | |
waste to landfills. | |
(2) In performing the duty under subsection (1), an allocating authority must | 40 |
ensure that the total amount of biodegradable municipal waste authorised to | |
be sent to landfills by the allowances it allocates for a year does not exceed the | |
amount for the year specified under section 1 or 2 for its area. | |
(3) An allocation under subsection (1) must be made before the beginning of the | |
year to which it relates. | 45 |
| |
| |
|
| |
| |
(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. | 5 |
(5) Nothing in this section shall be taken as requiring any allowances to be | |
allocated to any particular waste disposal authority. | |
5 Alteration of allocations under section 4 | |
(1) An authority that has made an allocation under section 4 may at any time alter | |
the allocation, subject to subsections (2) and (3). | 10 |
(2) The power under subsection (1) does not extend to withdrawing an allowance | |
that has already been utilised. | |
(3) In exercising the power under subsection (1), an authority must ensure that the | |
total amount of biodegradable municipal waste authorised to be sent to | |
landfills by allowances allocated by it for a year does not exceed the amount for | 15 |
the year specified under section 1 or 2 for its area. | |
(4) As soon as an authority has exercised the power under subsection (1), it must | |
publish a statement— | |
(a) detailing the alteration, and | |
(b) explaining the basis of it. | 20 |
6 Borrowing and banking of landfill allowances | |
(1) An allocating authority may by regulations make provision for a waste | |
disposal authority in its area to utilise for a scheme year landfill allowances | |
allocated to it for a different scheme year. | |
(2) Regulations under subsection (1) may not provide for— | 25 |
(a) the utilisation for a target year of allowances not allocated for that year; | |
(b) the utilisation for a scheme year later than a target year of allowances | |
allocated for a scheme year earlier than that target year; | |
(c) the utilisation for a scheme year earlier than a target year of allowances | |
allocated for a scheme year later than that target year. | 30 |
(3) Regulations under subsection (1) may (in particular)— | |
(a) make provision relating only to allowances allocated for specified | |
scheme years; | |
(b) make provision for allowances allocated for a scheme year to be utilised | |
for a different scheme year only if— | 35 |
(i) that different scheme year is a specified scheme year; | |
(ii) specified conditions are satisfied; | |
(c) make provision for quantitative limits on inter-year utilisation of | |
allowances; | |
(d) make provision authorising the allocating authority to suspend inter- | 40 |
year utilisation of allowances— | |
(i) whether indefinitely or for a fixed period, and | |
(ii) whether generally or to a limited extent; | |
| |
| |
|
| |
| |
(e) make provision for a person to carry out, in relation to inter-year | |
utilisation of allowances, all or any of the functions of registrar and | |
overseer; | |
(f) make provision imposing, or enabling the imposition of, requirements | |
on waste disposal authorities to provide information in relation to their | 5 |
inter-year utilisation of allowances; | |
(g) make provision for an authority to be liable to a penalty if it fails to | |
comply with a requirement imposed on it by or under provision of the | |
kind mentioned in paragraph (f); | |
(h) make provision generally in connection with the administration or | 10 |
regulation of inter-year utilisation of allowances; | |
(i) make provision for the levying of fees and charges on persons engaged | |
in inter-year utilisation of allowances; | |
(j) make provision creating offences for breaches of provisions of | |
regulations under subsection (1). | 15 |
(4) In making provision of the kind mentioned in subsection (3)(j), regulations | |
under subsection (1) may provide for an offence— | |
(a) to be triable— | |
(i) only summarily, or | |
(ii) either summarily or on indictment; | 20 |
(b) to be punishable— | |
(i) on summary conviction by imprisonment for a term not | |
exceeding such period as is stated in the regulations (which may | |
not exceed six months) or by a fine not exceeding such amount | |
as is so stated (which may not exceed £20,000), or by both, or | 25 |
(ii) on conviction on indictment by imprisonment for a term not | |
exceeding such period as is so stated (which may not exceed | |
five years) or by a fine, or by both. | |
(5) In subsection (3) “specified” means specified by, or determined in accordance | |
with, regulations under subsection (1). | 30 |
7 Trading and other transfer of landfill allowances | |
(1) An allocating authority may by regulations make provision for waste disposal | |
authorities in its area to transfer, whether by way of trade or otherwise, landfill | |
allowances allocated by that or any other allocating authority. | |
(2) Regulations under subsection (1) may not authorise— | 35 |
(a) the acquisition of landfill allowances by a person who is not a waste | |
disposal authority; | |
(b) the utilisation for a target year of allowances not allocated for that year; | |
(c) the utilisation for a scheme year later than a target year of allowances | |
allocated for a scheme year earlier than that target year; | 40 |
(d) the utilisation for a scheme year earlier than a target year of allowances | |
allocated for a scheme year later than that target year. | |
(3) Regulations under subsection (1) may (in particular)— | |
(a) make provision for allowances to be acquired, or disposed of, only if— | |
(i) allocated by the allocating authority or by specified allocating | 45 |
authorities; | |
(ii) allocated for specified scheme years; | |
| |
| |
|
| |
| |
(iii) specified conditions are satisfied; | |
(b) make provision for quantitative limits on the transfer of allowances; | |
(c) make provision for controlling prices or values put on allowances for | |
the purpose of transferring them; | |
(d) make provision authorising the allocating authority to suspend the | 5 |
transfer of allowances— | |
(i) whether indefinitely or for a fixed period, and | |
(ii) whether generally or to a limited extent; | |
(e) make provision for allowances acquired by a waste disposal authority | |
to be utilised by the authority for a scheme year only if allocated for that | 10 |
scheme year or for specified scheme years; | |
(f) make provision for licensing and regulating persons engaged as | |
brokers in the transfer of allowances; | |
(g) make provision for a person to carry out, in relation to the transfer of | |
allowances, all or any of the functions of registrar, clearing house and | 15 |
overseer; | |
(h) make provision imposing, or enabling the imposition of, requirements | |
on waste disposal authorities to provide information in relation to their | |
acquisition and disposal of allowances; | |
(i) make provision for an authority to be liable to a penalty if it fails to | 20 |
comply with a requirement imposed on it by or under provision of the | |
kind mentioned in paragraph (h); | |
(j) make provision generally in connection with the administration or | |
regulation of the trading of allowances; | |
(k) make provision for the levying of fees and charges on persons engaged | 25 |
(in any capacity) in the trading of allowances; | |
(l) make provision creating offences for breaches of provisions of | |
regulations under subsection (1) or of conditions of a broker’s licence. | |
(4) In making provision of the kind mentioned in subsection (3)(l), regulations | |
under subsection (1) may provide for an offence— | 30 |
(a) to be triable— | |
(i) only summarily, or | |
(ii) either summarily or on indictment; | |
(b) to be punishable— | |
(i) on summary conviction by imprisonment for a term not | 35 |
exceeding such period as is stated in the regulations (which may | |
not exceed six months) or by a fine not exceeding such amount | |
as is so stated (which may not exceed £20,000), or by both, or | |
(ii) on conviction on indictment by imprisonment for a term not | |
exceeding such period as is so stated (which may not exceed | 40 |
five years) or by a fine, or by both. | |
(5) In subsection (3) “specified” means specified by, or determined in accordance | |
with, regulations under subsection (1). | |
8 Duty not to exceed allowances | |
(1) If the allocating authority for an area has made an allocation under section 4 for | 45 |
a scheme year, each waste disposal authority in the area owes a duty to the | |
allocating authority to secure that the amount of biodegradable municipal | |
waste sent to landfills in that year in pursuance of arrangements made by the | |
| |
| |
|
| |
| |
(1) waste disposal authority does not exceed the amount authorised by the landfill | |
allowances available to that authority for the year. | |
(2) A waste disposal authority that fails to comply with a duty imposed on it by | |
subsection (1) is liable to a penalty. | |
(3) If— | 5 |
(a) a waste disposal authority is liable under subsection (2) to a penalty in | |
respect of a target year, and | |
(b) the total amount of biodegradable municipal waste sent in the year to | |
landfills in pursuance of arrangements made by waste disposal | |
authorities in the United Kingdom exceeds the amount specified for the | 10 |
year under section 1(1)(a), | |
the authority is also liable to a supplementary penalty. | |
(4) For the purposes of this section, the landfill allowances available to a waste | |
disposal authority for a scheme year are the landfill allowances held by the | |
authority at the end of the year that have not been utilised for an earlier scheme | 15 |
year and that, in the case of— | |
(a) allowances allocated to the authority for an earlier or later scheme year, | |
or | |
(b) allowances originally allocated to another waste disposal authority, | |
are allowed by regulations under section 6 or 7 to be utilised by the authority | 20 |
for the year. | |
Scheme operation and monitoring etc | |
9 Monitoring authorities | |
(1) Each allocating authority must by regulations appoint a person to be the | |
monitoring authority for its area. | 25 |
(2) The monitoring authority for an area shall— | |
(a) monitor the operation in the area of the provisions of this Chapter | |
relating to landfill allowances and, in particular, monitor how much | |
biodegradable municipal waste is sent to landfills in pursuance of | |
arrangements made by waste disposal authorities in the area; | 30 |
(b) audit the performance of waste disposal authorities in the area in | |
complying with their obligations under this Chapter; | |
(c) comply with any directions by the allocating authority for the area as to | |
the supply to the allocating authority of information acquired by the | |
monitoring authority in carrying out any of its functions under this | 35 |
Chapter; | |
(d) without delay notify the allocating authority for the area of any case | |
where it appears to the monitoring authority that a waste disposal | |
authority in the area is or may be liable to a penalty under this Chapter; | |
(e) comply with any directions by the allocating authority for the area as to | 40 |
the supply to the allocating authority of information or evidence in | |
connection with any case where it appears to the allocating authority or | |
the monitoring authority that a waste disposal authority in the area is | |
or may be liable to a penalty under this Chapter; | |
(f) co-operate with the monitoring authority for any other area. | 45 |
| |
| |
|
