
PART 1
1 

(1) These Regulations may be cited as the Waste and Emissions Trading Act 2003 (Amendment) Regulations 2011.
(2) Subject to paragraph (3), these Regulations come into force on 21st November 2011.
(3) Parts 3 and 4 come into force immediately after Part 2.
(4) Parts 3 and 4 extend to England and Wales only.
PART 2
2 
Chapter 1 of Part 1 of the Waste and Emissions Trading Act 2003 (waste sent to landfills) is amended in accordance with regulations 3 to 8.
3 
In the following provisions, for  “biodegradable municipal waste” substitute “
              biodegradable local authority collected municipal waste
            ”
(a) section 4(1) (allocation of landfill allowances);
(b) section 9(1) (duty not to exceed allowances);
(c) section 10(2)(a) (monitoring authorities);
(d) section 11(2)(d) and (f) (scheme regulations);
(e) section 12(1) and (2)(b)(i) (powers in relation to waste disposal authorities).
4 
In section 4—
(a) for subsection (2) substitute—“
(2) In performing the duty under subsection (1), an allocating authority must ensure that the total amount of waste authorised to be sent to landfills by the allowances it allocates for a year does not cause the amount of biodegradable municipal waste sent to landfills for that year to exceed the amount specified for its area under section 1 or 2.”; and
(b) at the end of subsection (4)(b) insert “
                  including in particular how the authority has complied with the duty in subsection (2)
                ”.
5 
In section 5—
(a) for subsection (3) substitute—“
(3) In exercising the power under subsection (1), an authority must ensure that the total amount of waste authorised to be sent to landfills by allowances allocated by it for a year does not cause the amount of biodegradable municipal waste sent to landfills for that year to exceed the amount specified for its area under section 1 or 2.”; and
(b) at the end of subsection (4)(b) insert “
                  including in particular how the authority has complied with the duty in subsection (3)
                ”.
6 

(1) For the heading of section 21 substitute— “
                  “Biodegradable waste”,  “municipal waste” and  “local authority collected municipal waste”
                ”.
(2) In section 21—
(a) for subsection (2) substitute—“
(2) In this Chapter—
(a) “biodegradable municipal waste” means waste that is both biodegradable waste and municipal waste; and
(b) “biodegradable local authority collected municipal waste” means waste that is both biodegradable waste and local authority collected municipal waste.”;
(b) in subsection (3), for  “subsection (2)” substitute “
                      this section
                    ”; and
(c) after subsection (3) insert—“
(4) In subsection (2)  “local authority collected municipal waste” means any municipal waste which is collected under arrangements made by a waste collection authority or a waste disposal authority.
(5) In subsection (4)  “waste collection authority”—
(a) in relation to England and Wales and Scotland, has the same meaning as in Part 2 of the Environmental Protection Act 1990 ;
(b) in relation to Northern Ireland, means a district council.”.
7 
In section 25(1), after  “biodegradable waste”, insert “
              , biodegradable local authority collected municipal waste
            ”.
8 
The following provisions cease to apply where the allocating authority is the Secretary of State—
(a) section 9(3) and (4) (duty not to exceed allowances);
(b) section 26(4) (penalties under Chapter 1: general).
PART 3
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PART 4
14 
In the Joint Waste Authorities (Proposals) Regulations 2009 , for paragraph 7 of Schedule 2 substitute—“
7 

(1) If the proposed joint waste authority has the function of disposing of biodegradable local authority collected municipal waste, the arrangements to ensure the fulfilment of its duties as a waste disposal authority for the purposes of the Waste and Emissions Trading Act 2003 .
(2) In this paragraph,  “biodegradable local authority collected municipal waste” has the meaning given by section 21 of that Act .”.
Taylor of Holbeach

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs
