Waste and Emissions Trading Act 2003 (C. 33)

amending the Local Government Act 2000 C.22

Amends:

Local Government Act 2000 (C. 22)

To make provision about waste and about penalties for non-compliance with schemes for the trading of emissions quotas.

Functions exercisable solely by WAG or the National Assembly for Wales.

Waste

Waste sent to landfills

There is a duty to consult under section 28 persons representative of the interest of waste disposal, landfill operators and any others who may be affected before exercising the regulations making powers under chapter I. eferred to as "duty to consult" below.The following Ministerial functions are exercisable solely by the Welsh Ministers in relation to Wales:

section 4: Duty to allocate landfill allowances to waste diposal authorities.
section 5: Power to alter allocations under section 4. Duty to publish a statement of such alterations.
section 6: Power to allow waste diposal authorities to 'bank' or 'borrow' allowances from past or for future use across non target years. Power to regulate such banking and borrowings and to create criminal offences.Duty to consult.
section 7: Power to allow trade or other transfers of landfill allowances. Power to regulate such transfers and to create criminal offences. Duty to consult.
section 10: Duty to appoint a monitoring authority. Duty to consult.
section 11: Power by regulations to make provision for the operation of a landfill allowances scheme. Power to impose penalties. Duty to consult.
section 12 and 13: Power to make regulations for purposes connected with the sending of biodegradable municipal waste to landfills towards waste authorities and landfills operators. Duty to consult.
section 14: Power to disclose information to any other allocating authorities.
section 15: Power to require creation and maintenance of registers by monitoring authority. Duty to consult.
section 16: Power to grant public access to the registers.
section 26: Powers relating to the setting of penalties under sections 6, 7, 9, 11 and 12.

Waste Management in Wales

section 29: Power to require local authorities in Wales to have a waste management strategy , to provide for its content and procedure.
section 30: Power to require the provision of information about waste by local authorities, its form, content. Power to give directions as to when duties imposed on authorities have to performed.

General

section 40: Power to commence sections 4, 5, 9 and 10, 18, 19, 35� and 20, 35(a) and (b).

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