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17 Strategy for Scotland | |
(1) The Scottish Ministers must have a strategy for reducing— | |
(a) the amount of biodegradable waste from Scotland that goes to landfills, | |
and | |
(b) the amount of biodegradable waste from outside Scotland that goes to | 5 |
landfills in Scotland. | |
(2) The strategy required by subsection (1) must (in particular) include measures | |
to achieve the targets specified for Scotland under sections 1 and 2. | |
(3) The measures mentioned in subsection (2) include (in particular) measures to | |
achieve the targets by means of recycling, composting, biogas production, | 10 |
materials recovery or energy recovery. | |
(4) Before formulating policy for the purposes of subsection (1), the Scottish | |
Ministers must— | |
(a) consult the Secretary of State, the National Assembly for Wales, the | |
Department of the Environment and the Scottish Environment | 15 |
Protection Agency, | |
(b) consult such bodies or persons appearing to them to be representative | |
of the interests of local government as they consider appropriate, | |
(c) consult such bodies or persons appearing to them to be representative | |
of the interests of industry as they consider appropriate, and | 20 |
(d) carry out such public consultation as they consider appropriate. | |
(5) The Scottish Ministers must set out in a statement any policy formulated for the | |
purposes of subsection (1). | |
(6) The Scottish Ministers must, as soon as a statement is prepared for the | |
purposes of subsection (5), send a copy of it to— | 25 |
(a) the Secretary of State, | |
(b) the National Assembly for Wales, and | |
(c) the Department of the Environment. | |
18 Strategy for Wales | |
(1) The National Assembly for Wales must have a strategy for reducing— | 30 |
(a) the amount of biodegradable waste from Wales that goes to landfills, | |
and | |
(b) the amount of biodegradable waste from outside Wales that goes to | |
landfills in Wales. | |
(2) The strategy required by subsection (1) must (in particular) include measures | 35 |
to achieve the targets specified for Wales under sections 1 and 2. | |
(3) The measures mentioned in subsection (2) include (in particular) measures to | |
achieve the targets by means of recycling, composting, biogas production, | |
materials recovery or energy recovery. | |
(4) Before formulating policy for the purposes of subsection (1), the Assembly | 40 |
must— | |
(a) consult the Secretary of State, the Scottish Ministers, the Department of | |
the Environment and the Environment Agency, | |
(b) consult such bodies or persons appearing to it to be representative of | |
the interests of local government as it considers appropriate, | 45 |
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(c) consult such bodies or persons appearing to it to be representative of | |
the interests of industry as it considers appropriate, and | |
(d) carry out such public consultation as it considers appropriate. | |
(5) The Assembly must set out in a statement any policy formulated for the | |
purposes of subsection (1). | 5 |
(6) The Assembly must, as soon as a statement is prepared for the purposes of | |
subsection (5), send a copy of it to— | |
(a) the Secretary of State, | |
(b) the Scottish Ministers, and | |
(c) the Department of the Environment. | 10 |
(7) Where subsection (1) is satisfied by policies set out in a statement under section | |
44A of the Environmental Protection Act 1990 (c. 43) (national waste strategy), | |
if the statement was prepared before the coming into force of that subsection it | |
does not matter that the policies were not formulated for the purposes of that | |
subsection. | 15 |
19 Strategy for Northern Ireland | |
(1) The Department of the Environment must have a strategy for reducing— | |
(a) the amount of biodegradable waste from Northern Ireland that goes to | |
landfills, and | |
(b) the amount of biodegradable waste from outside Northern Ireland that | 20 |
goes to landfills in Northern Ireland. | |
(2) The strategy required by subsection (1) must (in particular) include measures | |
to achieve the targets specified for Northern Ireland under sections 1 and 2. | |
(3) The measures mentioned in subsection (2) include (in particular) measures to | |
achieve the targets by means of recycling, composting, biogas production, | 25 |
materials recovery or energy recovery. | |
(4) Before formulating policy for the purposes of subsection (1), the Department | |
must— | |
(a) consult the Secretary of State, the Scottish Ministers and the National | |
Assembly for Wales, | 30 |
(b) consult such bodies or persons appearing to it to be representative of | |
the interests of local government as it considers appropriate, | |
(c) consult such bodies or persons appearing to it to be representative of | |
the interests of industry as it considers appropriate, and | |
(d) carry out such public consultation as it considers appropriate. | 35 |
(5) The Department must set out in a statement any policy formulated for the | |
purposes of subsection (1). | |
(6) The Department must, as soon as a statement is prepared for the purposes of | |
subsection (5), send a copy of it to— | |
(a) the Secretary of State, | 40 |
(b) the Scottish Ministers, and | |
(c) the National Assembly for Wales. | |
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Interpretation of Chapter 1 | |
20 “Biodegradable waste” and “municipal waste” | |
(1) In this Chapter “biodegradable waste” means any waste that is capable of | |
undergoing anaerobic or aerobic decomposition, such as— | |
food and garden waste, and | 5 |
paper and paperboard. | |
(2) In this Chapter “biodegradable municipal waste” means waste that is both | |
biodegradable waste and municipal waste. | |
(3) In subsection (2) “municipal waste” means— | |
(a) waste from households, and | 10 |
(b) other waste that, because of its nature or composition, is similar to | |
waste from households. | |
21 “Landfill” | |
(1) In this Chapter “landfill” means a site for the deposit of waste onto or into land | |
where the site is— | 15 |
(a) a waste disposal site, or | |
(b) used for the storage of waste. | |
(2) In determining whether a site is a landfill for the purposes of this Chapter, the | |
following activities at the site are to be ignored— | |
(a) the temporary storage of waste if the site is used for such storage for | 20 |
less than one year; | |
(b) the unloading of waste in order to permit the waste to be prepared for | |
further transport for recovery, treatment or disposal elsewhere; | |
(c) the storage of waste, prior to recovery or treatment, for a period of less | |
than three years as a general rule; | 25 |
(d) the storage of waste, prior to disposal, for a period of less than one year. | |
(3) The fact that a site for the deposit of waste is at the place of production of the | |
waste does not prevent the site from being a landfill for the purposes of this | |
Chapter. | |
(4) In subsection (2) “treatment” means the physical, thermal, chemical or | 30 |
biological processes, including sorting, that change the characteristics of waste | |
in order to— | |
(a) reduce its volume, | |
(b) reduce its hazardous nature, | |
(c) facilitate its handling, or | 35 |
(d) enhance its recoverability. | |
22 “Scheme year” and “target year” | |
(1) In this Chapter— | |
“scheme year” means a year beginning with 17th July in any of 2004 to | |
2019; | 40 |
“target year” means a scheme year ending with 16th July in 2010, 2013 or | |
2020. | |
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(2) The Secretary of State may by regulations amend subsection (1) for the purpose | |
of— | |
(a) providing for a different day to be the first day of a scheme year; | |
(b) adding one or more scheme years; | |
(c) changing the target years or any of them; | 5 |
(d) adding or omitting one or more target years. | |
(3) Before making regulations under subsection (2), the Secretary of State shall | |
consult the Scottish Ministers, the National Assembly for Wales and the | |
Department of the Environment. | |
23 Other definitions | 10 |
(1) For the purposes of this Chapter, the “allocating authority”— | |
(a) for England is the Secretary of State, | |
(b) for Scotland is the Scottish Ministers, | |
(c) for Wales is the National Assembly for Wales, and | |
(d) for Northern Ireland is the Department of the Environment. | 15 |
(2) In this Chapter, any reference to an allocating authority’s “area” is to the area | |
for which it is the allocating authority for the purposes of this Chapter. | |
(3) In this Chapter “landfill allowances” means allowances allocated under section | |
4(1). | |
(4) References in this Chapter to the monitoring authority for an area are to the | 20 |
monitoring authority designated for the area by regulations under section 9(1). | |
(5) In this Chapter “waste disposal authority”— | |
(a) in relation to England, Wales and Scotland has the same meaning as in | |
Part 2 of the Environmental Protection Act 1990 (c. 43); | |
(b) in relation to Northern Ireland means a district council. | 25 |
Supplementary | |
24 Activities to which Chapter 1 does not apply | |
(1) References in this Chapter to sending biodegradable waste, or biodegradable | |
municipal waste, to landfills do not include— | |
(a) the spreading of sludges (including sewage sludges and sludges | 30 |
resulting from dredging operations), or similar matter, on the soil for | |
the purposes of fertilisation or improvement, | |
(b) the deposit of non-hazardous dredging sludges alongside small | |
waterways from out of which they have been dredged, | |
(c) the deposit of non-hazardous sludges in surface water or in the bed or | 35 |
subsoil of surface water, or | |
(d) the deposit of unpolluted soil resulting from— | |
(i) prospecting for, or the extraction, treatment or storage of, | |
mineral resources, or | |
(ii) the operation of quarries. | 40 |
(2) For the purposes of this section, sludge is “non-hazardous” if it is not | |
hazardous waste for the purpose of Council Directive 91/689/EEC. | |
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